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Software License Agreement

FARSTONE TECHNOLOGIES INC. (FARSTONE) END USER LICENSE AGREEMENT FOR VIRTUAL DRI
VE, HEREAFTER REFERRED TO AS THE "SOFTWARE"
PLEASE READ CAREFULLY: THE USE OF THIS "SOFTWARE" IS SUBJECT TO THE "SOFTWARE" L
ICENSE TERMS OF FARSTONE AND OTHER LICENSORS WHOSE SOFTWARE MAY BE BUNDLED WITH
THIS PRODUCT.
BY YOUR USE OF THE "SOFTWARE" INCLUDED WITH THIS PRODUCT YOU AGREE TO THE LICENS
E TERMS REQUIRED BY THE LICENSOR OF THE "SOFTWARE", AS SET FORTH BELOW. IF YOU
DO NOT AGREE TO THE LICENSE TERMS APPLICABLE TO THE "SOFTWARE", YOU MAY RETURN T
HE ENTIRE UNUSED PRODUCT FOR A FULL REFUND.
In return for acquiring a License to use the Farstone "Software", which may incl
ude software from third party licensors, trial versions or copies of the "Softwa
re" and patches made available by Farstone, and the related documentation, you a
gree to the following terms and conditions:
A. Single User License: This Agreement grants you, the Licensee, a License to:
(a) use the "Software" on a single computer system or network, and only by a sin
gle user at a time. If you wish to use the "Software" for more users, you will n
eed an additional License for each user.
(b) make one copy of the "Software" in machine readable form solely for back-up
purposes, provided you reproduce Farstone's copyright proprietary legends. Notwi
thstanding the foregoing, the "Software" may be used on the home, laptop or othe
r secondary computer of the principal user of the "Software", and an additional
copy of the "Software" may be made to support such use. As used in this License,
the "Software" is "in use" when it is either loaded into RAM or installed on a
hard disk or other permanent memory device. The "Software" may be "in use" on on
ly one computer at any given time. (Different License terms and fees are applic
able for networked or multiple user applications.) As a specific condition of t
his License, you agree to use the "Software" in compliance with all applicable l
aws, including copyright laws, and that you will not copy, transmit, perform or
distribute any audio or other content using the "Software" without obtaining all
necessary Licenses or permissions from the owner of the content.

B. Multiple User License: This Agreement grants you, the Licensee, a License to:
make one copy of the "Software" in machine readable form solely for back-up purp
oses, provided you reproduce Farstone's copyright proprietary legends.
You must acquire and dedicate a License for each separate computer on which any
part or portion of the "Software" is installed or run As used in this License,
the "Software" or any part or portion of the "Software" is "in use" when it is e
ither loaded into RAM or installed on a hard disk or other permanent memory devi
ce including any networked or shared environment where either direct or indirect
connections are made through software or hardware which pools or aggregates con
nections..
As a specific condition of this License, you agree to use the "Software" in comp
liance with all applicable laws, including copyright laws, and that you will not
copy, transmit, perform or distribute any audio or other content using the "Sof
tware" without obtaining all necessary Licenses or permissions from the owner of
the content.

C. Restrictions: You may not distribute copies of the "Software" to others or el


ectronically transfer the "Software" from one computer to another over a network
. You may not post or otherwise make available the "Software", or any portion t
hereof, in any form, on the Internet. You may not use the "Software" in a compu
ter service business, including in time sharing applications. The "Software" co
ntains trade secrets and, in order to protect them, you may not decompile, rever
se engineer, disassemble, or otherwise reduce the "Software" to a human-perceiva
ble form. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR P
ROFIT, DISTRIBUTE, NETWORK OR CREATE DERIVATIVE WORKS BASED UPON THE "SOFTWARE"
OR ANY PART THEREOF.
D. Ownership: As Licensee, you own the media upon which the "Software" is record
ed or fixed, but Farstone and its Licensors retain title and ownership of the "S
oftware" recorded on the original media and all subsequent copies of the "Softwa
re", regardless of the form or media in which or on which the original and other
copies may exist. This License does not grant, convey or in any way transfer o
wnership of the "Software".

E. Separation of Components: The "SOFTWARE" is Licensed as a single product. Its


component parts may not be separated for use on more than one computer, not wit
hstanding reference to Section B of this License agreement where Multiple user L
icenses have been purchased.
F. Confidentiality: You agree to maintain the "Software" in confidence and that
you will not disclose the "Software" to any third party without the express writ
ten consent of Farstone. You further agree to take all reasonable precautions t
o preclude access of unauthorized persons to the "Software".
G. Term: This License shall continue for as long as you use the "Software". Howe
ver, it will terminate if you fail to comply with any of its terms and condition
s. You may terminate the License at any time by destroying the "Software" (incl
uding the related documentation) together with all copies or modifications in an
y form. Farstone will have the right to terminate our License immediately if yo
u fail to comply with any term or condition of this Agreement. Upon any termina
tion, including termination by you, you must destroy the "Software" (including t
he related documentation), together with all copies or modifications in any form
. the Limitations, Warranties and Liability set out below shall continue in forc
e even after any termination.
H. Transfer: You may transfer the the "Software" License to someone else, only i
f you assign all of your rights under this Licence, cease all use of the "Softwa
re", erase or destroy any copy (including the hard disk copy) made in support of
your use of the "Software", and the other person agrees to the terms of this Li
cence.
If the "Software" is an upgraded from other "Software", whether from us or anoth
er supplier, you may use or transfer the "Software" only in conjunction with the
upgraded "Software", unless you destroy it. If the "Software" is an upgrade fr
om a Farstone , you may only use that upgraded "Software" in accordance with thi
s Licence.

I. Special Terms Applicable to Databases. Where a database is included with the


"Software", you acknowledge that it is Licensed only in connection with the use
of the "Software" to perform disc creation, and that the database and all data
derived therefrom must be maintained in confidence in accordance with the provis
ions of Section E of this document. This License does not grant you any rights
to distribute or disclose such a database or data contained therein.
J. Limited Warranty: Farstone and its Licensor warrant only that the media upon
which the "Software" is furnished will be free from defects in material or work
manship under normal use and service for a period of thirty (30) days from the d
ate of delivery to you. FARSTONE AND ITS LICENSORS DO NOT AND CANNOT WARRANT TH
E PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE "SOFTWARE" OR DOCUMENTATION
. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FARSTONE AND ITS LICENSO
RS WILL PROVIDE FOR BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANT
Y, FARSTONE AND ITS LICENSORS MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDIN
G, BUT NOT LIMITED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILIT
Y OR FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the exclusion o
f implied warranties or limitations on how long an implied warranty may last, so
the above limitations may not apply to you. This warranty gives you specific l
egal rights and you may also have other rights which vary from state to state.
The entire liability of Farstone and its Licensors, and your exclusive remedy fo
r a breach of this warranty, shall be: (a) the replacement of any media not meet
ing the above limited warranty which is returned to Farstone; or (b) if Farstone
or its distributor is unable to deliver replacement media which is free from de
fects in materials or workmanship, you may terminate this Agreement by returning
the "Software" and your money will be refunded.
K. Limitation of Liability: IN NO EVENT WILL FARSTONE OR ITS LICENSORS BE LIABL
E TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING ANY LO
ST PROFITS, LOST SAVINGS, OR LOSS OF DATA, EVEN IF FARSTONE OR A LICENSOR HAS BE
EN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PAR
TY. Some states do not allow the exclusion or limitation of special, incidental
, or consequential damages, so the above limitation or exclusion may not apply t
o you.
L. Bundling: In no case may the "SOFTWARE" be bundled with hardware or other sof
tware without written permission from Farstone.
M. Export: You acknowledge that the laws and regulations of the United States a
nd/or other countries may restrict the export and re-export of the "Software".
You agree that you will not export or re-export the "Software" or documentation
in any form in violation of applicable law in the United States and/or foreign l
aw.

N. General: You acknowledge that you have read this Agreement, understand it, a
nd that by using the "Software" you agree to be bound by its terms and condition
s. You further agree that it is the complete and exclusive statement of the agr
eement between Farstone and you, and supersedes any proposal or prior agreement,
oral or written, and any other communication between Farstone and you relating
to the subject matter of this Agreement. No additional or any different terms w
ill be enforceable against Farstone unless Farstone gives its express consent, i
ncluding an express waiver of the terms of this Agreement, in writing signed by
an officer of Farstone. You assume full responsibility for the use of th
e "Software" and agree to use the "Software" legally and responsibly.

Should any provision of this Agreement be declared unenforceable in any jurisdic


tion, then such provision shall be deemed severable from this Agreement and shal
l not affect the remainder hereof. All rights in the "Software" not specificall
y granted in this Agreement are reserved by Farstone.
Should you have any questions concerning this Agreement, you may contact Farston
e by writing to:
Far Stone Technology Inc.
Legal Department
15550-B, Rockfield Blvd., Suite 100
Irvine, CA 92618

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