OnMark 2000(tm) BIOS Test and Fix License Agreement Carefully read the following terms and conditions which apply to your use of Viasoft's OnMark 2000 computer software programs, documentation and information (the "Software") prior to downloading. By clicking the "Accept" icon below, you agree to accept these terms and conditions as they relate to your use of the Software. 1. You acknowledge that this is a license agreement ("License Agreement") and not a contract for sale of the Software. You are authorized to use the Software only on the personal computer onto which you download the Software. You may make one back-up copy of the Software. You may not sub-license, lease, rent, sell, assign or in any way convey or distribute the Software to any third party. In no event will you cause or permit the disassembly, reverse compilation or other decoding of the Software. Any unauthorized use will be deemed to be an infringement. 2. All right, title and interest in the Software and in the trade marks and service are owned by Viasoft. This License Agreement gives you no rights of any kind in or to use any of these trademarks or service marks except to refer to this Software. This Software is protected by copyright and other proprietary rights. This License Agreement gives you no rights in the Software under any of these laws. 3. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES CONCERNING THE SOFTWARE, EXPRESS, IMPLIED OR STATUTORY, ARE HEREBY EXPRESSLY DISCLAIMED AND EXCLUDED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, TITLE, IMPLIED WARRANTY OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR INCREASED EFFICIENCY OF USE OF HARDWARE OR SOFTWARE COMPUTER SYSTEMS, DATA OR PROGRAMS. VIASOFT SHALL NOT UNDER ANY CIRCUMSTANCE BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOST DATA OR COMPUTER HARDWARE OR SOFTWARE DAMAGE, FAILURE OR MALFUNCTION. 4. You may not export, ship, transmit or re-export the Software or related documentation in violation of any applicable law or regulation. None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using the Software you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. In addition, you are responsible for complying with any local laws in your jurisdiction which may impact your right to import, export or use the Software. 5. This Software is not designed for use in high risk activities such as in the operation of nuclear facilities, aircraft communication or navigation, air traffic control, direct life support machines, or weapons systems. Accordingly, Viasoft disclaims all express and implied warranties of fitness for high risk activities. 6. The validity, construction and performance of this License will be governed by and construed in accordance with the laws of the State of Arizona, USA.