BY INSTALLING AND/OR EXECUTING THE EVEREST FREE-AUTHORING SOFTWARE ON YOUR COMPUTER, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. EVEREST FREE-AUTHORING SOFTWARE LICENSE AGREEMENT DEFINITIONS The Software is the Everest Free-Authoring computer program. ICI is Intersystem Concepts, Inc., developer of the Software. A Project is the material created through the use of any version of the Software (free or otherwise). GRANT OF LICENSE ICI grants you a non-exclusive license to use the Software free of charge if you are either a Type 1 Licensee: a student, faculty member or staff member of a non-profit educational institution (K-12, junior college, college or library); or a Type 2 Licensee: your use of the Software is for the purpose of creating Projects that you plan to later distribute to others after obtaining a license from ICI to do so. TERM This Software license expires at the end of 1997 unless you register your copy with ICI. Registering your copy allows continued use of the free Software past the end of 1997. ACCOMPANIMENTS If you are using the Software free of charge, you are not entitled to free hard-copy documentation, support or telephone assistance. However, you may print one (1) copy of the documentation files provided with the Software for your personal use. Alternatively, you may purchase from ICI up to one (1) set of printed documentation, at the then current price, for your personal use. DISCLAIMER OF WARRANTY This Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you and not ICI assume the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of the agreement. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION. SCOPE OF GRANT During the term of this License, you may: * use the Software on any single computer * use the Software on a network, provided that each person accessing the Software through the network has a copy registered to that person Through the end of the year 1997 you may: * manually copy the original, unmodified Software and distribute it to others provided 1) no fee whatsoever is charged; 2) no Projects, other software or products are distributed simultaneously; 3) no paper copies of documentation are distributed; 4) the copy is on floppy diskette; and 5) the copy continues to be bound by the terms of this Agreement. You may not: * modify or view Projects created by others, except if both parties are Type 1 Licensees, or one is ICI * distribute Projects to others in any form, except if both parties are Type 1 Licensees, or one is ICI * distribute Projects to any Type 2 Licensees in any form * modify or view Projects created with non-free versions of the Software * modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software * copy the Software other than as specified above * rent, lease, grant a security interest in, or otherwise transfer rights to the Software * remove any proprietary notices or labels on the Software * permit other individuals to use the Software except under the terms listed above. TITLE Title, ownership rights, and intellectual property rights in the Software shall remain in ICI and/or its suppliers. The Software is protected by copyright laws and treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and may be protected by applicable law. This License gives you no rights to such content. TERMINATION The license will terminate automatically if you fail to comply with the limitations described herein. If you do not register your copy, this license terminates at the end of the year 1997. Upon termination, you must destroy all your copies of the Software and documentation. EXPORT CONTROLS None of the Software or underlying information or technology may be downloaded or otherwise exported or reexported 1) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or 2) 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. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL ICI OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL ICI BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT ICI RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF ICI SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. HIGH RISK ACTIVITIES The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). ICI and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. MISCELLANEOUS If the copy of the Software you received was accompanied by a printed or other form of "hard-copy" License Agreement from ICI whose terms vary from this Agreement, then the hard-copy License Agreement governs your use of the Software. This Agreement represents the complete agreement concerning this license and may amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed by ICI only to the extent necessary to make it enforceable. This Agreement shall be governed by the laws of the state of Maryland. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.