CyberMedia License Agreement This is a legal agreement between you, the end user, and CyberMedia. PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE ACCOMPANYING THIS LICENSE AGREEMENT (the "SOFTWARE"). BY INSTALLING THE SOFTWARE AND/OR USING IT ON YOUR COMPUTER, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE, DO NOT PROCEED WITH INSTALLATION OR OTHERWISE CONTINUE TO USE THE SOFTWARE, AND PROMPTLY RETURN THE SOFTWARE AND ALL ACCOMPANYING MATERIALS AND PACKAGING PER THE CUSTOMER REMEDIES SECTION BELOW, FOR A FULL REFUND. PART I: SOFTWARE LICENSE GRANT OF LICENSE: CyberMedia grants you a non-exclusive, non- Transferable right to use the SOFTWARE only on a single computer or workstation. You may store the SOFTWARE on a network server, provided it is used only to install or run the SOFTWARE on a single computer or workstation over an internal network. If multiple or simultaneous uses are to be made, you must first separately acquire and dedicate a license for each computer or workstation on which the SOFTWARE is installed or for which it is run or delivered from the network server. RESTRICTIONS: You may not reverse engineer, decompile or disassemble the SOFTWARE. The SOFTWARE and accompanying written materials may not be used on more than one computer system at any one time, except that you may (a) make one copy of the SOFTWARE solely for backup or archival purposes, or (b) transfer the SOFTWARE to a single hard disk, provided that you keep the original solely for backup or archival purposes. You may not copy the written materials accompanying the SOFTWARE. This is a license for your use only, and the SOFTWARE is not licensed for use in providing computer or software maintenance services to others. You may not sublicense, rent or lease the SOFTWARE. The license granted in this Agreement is conditioned upon your agreement to and continued compliance with all terms of this Agreement. COPYRIGHT: The SOFTWARE is owned by CyberMedia and/or its suppliers, and is protected by U.S. and international copyright laws and treaty provisions. You have a restricted license to the SOFTWARE; you do not own the SOFTWARE, and no title transfers to you regarding the SOFTWARE or any portions thereof or material provided therewith, including any associated copyrights, trademarks and other intellectual property rights. Title and ownership in such remains in CyberMedia and/or its suppliers. LIMITED WARRANTY: For non-evaluation SOFTWARE, CyberMedia warrants that (a) the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of sixty (60) days from the date of purchase, and (b) the media on which the SOFTWARE is furnished shall be free from defects in materials and workmanship for a period of sixty (60) days from the date of purchase. Some local laws do not allow limitations on the duration of an implied warranty, so the above limitation may not apply to you. Evaluation SOFTWARE is provided AS-IS, with NO WARRANTY OF ANY KIND. CUSTOMER REMEDIES: If the SOFTWARE does not conform to the above limited warranty, CyberMedia's entire liability and your exclusive remedy shall be at CyberMedia's option either (a) providing a correction for the defect; (b) helping you correct or avoid the defect; or (c) accepting return of such SOFTWARE and all related material and refunding the price paid therefor. You must first obtain from CyberMedia an authorization to return any SOFTWARE during the warranty period, and you will be supplied with a return authorization number and an address for returning the SOFTWARE together with a copy of your receipt. NO OTHER WARRANTIES: CYBERMEDIA DOES NOT WARRANT THAT THE SOFTWARE OR ACCOMPANYING DOCUMENTATION IS ERROR FREE. CYBERMEDIA DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. THIS LIMITED LEGAL WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND LOCAL LAWS MAY GIVE YOU ADDITIONAL RIGHTS. NO LIABILITY FOR DAMAGES: IN NO EVENT SHALL CYBERMEDIA BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS, INCLUDING LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE, EVEN IF CYBERMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME LOCAL LAWS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. US GOVERNMENT RESTRICTED RIGHTS: The SOFTWARE, documentation and related materials are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer/Contractor is CyberMedia, 3000 Ocean Park Blvd. Suite 2001, Santa Monica, CA 90405. This agreement is governed by the laws of the State of California, USA. PART II: SERVICE SUBSCRIPTION SERVICES: Certain CyberMedia SOFTWARE products include at no additional charge a one year subscription to one or more electronic information and/or updates services offered from time to time by CyberMedia, such as the CyberMedia First Aid Service and the CyberMedia Oil Change Service (individually a "Service", together the "Services"). A Service may provide for access by you of CyberMedia's First Aid, Oil Change, or other Knowledge Bases ("Content"). Any Services associated with the SOFTWARE you have received are as described in the accompanying SOFTWARE documentation. SUBSCRIPTION TERM: The term of your subscription, if any, for accessing a Service begins on the date of first installation of the related SOFTWARE on a computer, and will continue for the shorter of one year or the period specified in the accompanying Documentation. Unless renewed by you before the end of the subscription period through CyberMedia or an authorized CyberMedia vendor, your subscription terminates, and you may no longer access the Service. COPYRIGHT: All title and copyrights in and to the Content, including but not limited to any software, correction methodologies, scripts, databases, images, animations, music or text included therein are owned by CyberMedia and/or its suppliers and are protected by U.S. copyright and other intellectual property rights laws and international treaties. You do not own the Content, and no title transfers to you regarding the Content or any portions thereof or material provided therewith, including any associated copyrights, trademarks and other intellectual property rights. Title and ownership in such remains in CyberMedia and/or its suppliers. You agree to use the Content only though the SOFTWARE, and solely for its intended purpose. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the Content in any form to anyone, including but not limited to others in the same company or organization or to newsgroups, mail lists or electronic bulletin boards, without the express prior written consent of CyberMedia. You may not reverse engineer, decompile, or disassemble the Content. USER OBLIGATIONS: You are responsible for obtaining and maintaining at your own expense any and all telephone, network or other communications links, computer software, hardware and other equipment or facilities, and Internet services needed for access to a Service, which are in addition to the SOFTWARE. NO WARRANTY: All Services and Content are provided AS IS WITHOUT WARRANTY OF ANY KIND. You expressly acknowledge and agree that use of a Service and the Content is at your own risk and that such is provided without any warranties whatsoever. Due to the inherent dynamic nature of the software industry from which the Content is selected and organized, there may be inaccuracies, omissions or delays in the delivery of Content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CYBERMEDIA FURTHER DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF A SERVICE AND THE CONTENT SHALL REMAIN WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CYBERMEDIA BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS PRODUCT, EVEN IF CYBERMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SERVICE INTERRUPTIONS: The Service may be interrupted during the term of your subscription for reasons of planned or unplanned maintenance of its servers. In all cases, CyberMedia's obligations will be limited to making reasonable efforts to bring the servers back into operation and re-establish Service. In no case shall CyberMedia be responsible for incidental or consequential damages resulting from Service interruptions. You may also experience service interruptions, including service degradations, due to failures of your own Internet service provider or the failures of other service providers providing connectivity between your computer and the CyberMedia servers. CyberMedia disclaims all responsibility for service interruptions resulting from the failures of Internet service providers. USE AND ACCESS: The Content shall be accessed and used by you only through the SOFTWARE. CyberMedia reserves the right to make any updates to the SOFTWARE and/or the Content available to you through alternative modes of access not requiring the use of the SOFTWARE or the Service. CHANGES TO AGREEMENT CyberMedia may at any time and at its sole discretion, change or discontinue any aspect or feature of the Service or Content. CyberMedia shall have the right at any time to change the terms of this Service Subscription or require new terms. Such changes shall be effective immediately upon distribution by any means which give you actual knowledge of them, and any use by you of the SOFTWARE, Service or Content after such notice shall be deemed acceptance of them by you. CM General SW License1 Sep-97