NetSpeak Corporation WebPhone(TM) Version 1.0 License Agreement BY INSTALLING AND RUNNING THIS SOFTWARE PROGRAM YOU ARE AGREEING TO BE BOUND AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CONTINUE THIS INSTALLATION AND DELETE ANY PORTIONS OF THIS SOFTWARE ALREADY INSTALLED ON YOUR DISK DRIVE. GRANT NetSpeak Corporation ("NetSpeak") grants to you a non-exclusive license to use its WebPhone(TM) voice communications software product ("Software"). You may freely distribute copies of the Software provided the following conditions are met: (a) This license agreement must accompany the Software. (b) You may not, or may not permit other individuals to: modify, translate, reverse engineer, decompile, or create derivative works based on the Software, or remove any proprietary notices or labels on the software. SOFTWARE NetSpeak reserves the right to at any time to alter prices, features, capabilities, functions, licensing terms, release dates, general availability or any other characteristics of the commercial versions as NetSpeak sees fit. TITLE Title, ownership rights, and intellectual property rights in and to the Software shall remain in NetSpeak. The Software is protected by the copyright laws of the United States and international copyright treaties. DISCLAIMER OF WARRANTY Since the Software is provided free of charge, the 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-in fringement. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you and not NetSpeak assume the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of the agreement. Some states 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 from state to state or by jurisdiction. LIMITATION OF LIABILITY Under no circumstances and under no legal theory, tort, contract, or otherwise, shall NetSpeak or any other person be liable 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 NetSpeak be liable for any damages whatsoever. MISCELLANEOUS This Agreement represents the complete agreement and supersedes all prior agreements and representations between the parties. It may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by and construed under Florida law as such law applies to agreements between Florida residents entered into and to be performed within Florida, except as governed by Federal law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer -Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement.