AimTech Corporation Electronic End User License Agreement NOTICE TO USER: THIS IS A CONTRACT. BY INDICATING YOUR ACCEPTANCE BELOW, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. ICONAUTHOR LICENSE AGREEMENT This is a legal agreement (this "Agreement") between you (either an individual or an entity) and AimTech Corporation ("AimTech"). This Agreement is part of a package (the "Package") that also includes a sealed CD-ROM disk or sealed diskettes (collectively, the "Disk") and certain written materials (the "Documentation"). DO NOT USE THIS DISK UNTIL YOU HAVE READ THIS AGREEMENT. BY CONTINUING WITH THIS PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. YOU UNDERSTAND THAT, IF YOU PURCHASED THE PACKAGE FROM AN AUTHORIZED RESELLER OF AIMTECH, THAT RESELLER IS NOT AIMTECH'S AGENT AND IS NOT AUTHORIZED TO MAKE ANY REPRESENTATIONS OR WARRANTIES ON AIMTECH'S BEHALF NOR TO VARY ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT. IN ADDITION, YOU ACKNOWLEDGE THAT, UNLESS OTHERWISE AGREED BY THAT RESELLER IN WRITING OR PROHIBITED BY LAW, THE LIMITATIONS OF WARRANTIES AND LIABILITY SET FORTH IN THIS AGREEMENT ALSO APPLY TO AND BENEFIT THAT RESELLER. If you do not agree to the terms of this Agreement, promptly return the entire Package, including the Disk case and the Documentation, to the place you obtained them for a full refund. 1. LICENSE GRANT. AimTech and its suppliers hereby grant you a personal, non- exclusive, non-transferable license (the "License") to use one copy of the digitized audio, video, and other media included on the Disk (the "Media"), one copy of the computer software programs and other software products included on the Disk (the "Software"), and one copy of the Documentation, all in accordance with the terms and conditions of this Agreement. AimTech and its suppliers retain title to and all copyright and other intellectual property rights in the Software, the Documentation, and the Media. You are not granted any right, title, or interest in the Software, the Documentation, or the Media, except the right to use them in accordance with this Agreement. Any rights not expressly granted are reserved to AimTech or its suppliers. 2. GENERAL USE LIMITATIONS. When operated, the Software and the Media must be resident only on a single computer (or, if applicable, on a licensed computer network) of a type for which the Software and the Media were designed to be used. A "licensed computer network" is a computer network on which you have been separately licensed by AimTech to use the Software and the Media on such terms and conditions as AimTech and you may agree. You may not use the Software or the Media, nor may you provide or otherwise make them available for use, in any multiple-user arrangement or remote access arrangement without a separate written license from AimTech. You may not rent or lease the Software or the Media, but you may transfer the Software and the Media from one computer to another provided the Software and the Media are in use on only one computer at a time. The Software and the Media are "in use" on a computer when they are loaded into temporary memory (i.e., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer. You may also transfer the Software, the Documentation, and the Media on a permanent basis provided you retain no copies and the recipient agrees in writing to the terms of this Agreement. 3. COPYRIGHT. The Software and the Media are owned by AimTech or its suppliers and are protected by United States copyright law and international treaty provisions. Therefore, you must treat the Software and the Media like any other copyrighted material (e.g., a book or musical recording). You may not copy (except as otherwise expressly permitted by this Agreement or by United States copyright law) the Software or the Media, nor may you copy the Documentation. Except as expressly permitted by this Agreement, you may not modify, adapt, translate, decompile, disassemble, or reverse engineer the Software or the Media in any manner, you may not merge or embed the Software or the Media into any other computer program or work, and you may not create derivative works of the Software or the Media. 4. SPECIFIC RESTRICTIONS. A. The REDIST Directory. The Disk contains a directory named "REDIST" (the "Directory"). You are authorized (a) to copy, modify, and otherwise manipulate the Media located in the Directory into interactive IconAuthor applications (the "IA Applications") that you develop for your own internal use, (b) to copy and use internally the IA Applications, and (c) to prepare, through use of the Software, a copy of any IA Application that you develop using the Media located in the Directory (a "Distributable IA Application") for distribution to and use by third parties. You may not otherwise copy, modify, or manipulate any of the Media located in the Directory. The limited permissions contained in this paragraph DO NOT apply to any other directory on the Disk. B. Distribution of Distibutable IA Applications. The distribution of a Distributable IA Application shall be made by a license granted by you, on terms and conditions that are no less restrictive than the terms and conditions on which you license other computer software programs and products. Any such license must contain terms and conditions which exclude any and all express or implied warranties from AimTech and limit AimTech's liability in the manner set forth in Section 7 below. Such license shall also prohibit the licensee from (i) copying (except as otherwise expressly permitted by United States copyright law) the Software or the Media contained in the Distributable IA Application (the "Included Software and Media"), (ii) in any manner modifying, adapting, translating, decompiling, disassembling, or reverse engineering the Included Software and Media, (iii) merging or embedding the Included Software and Media into any other computer program or work, or (iv) creating derivative works of the Included Software and Media. C. Third Party Media or Software. NOTWITHSTANDING THE FOREGOING, YOUR USE OF ANY THIRD PARTY MEDIA OR SOFTWARE INCLUDED ON THE DISK FOR WHICH A SEPARATE LICENSE AGREEMENT IS INCLUDED OR REFERENCED IN THE PACKAGE SHALL ALSO BE GOVERNED BY THE TERMS AND CONDITIONS OF THAT LICENSE AGREEMENT. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS AND CONDITIONS OF THAT SEPARATE LICENSE AGREEMENT AND THIS AGREEMENT, THE TERMS AND CONDITIONS OF THE SEPARATE LICENSE AGREEMENT SHALL CONTROL AS TO YOUR USE OF THE THIRD PARTY MEDIA OR SOFTWARE LICENSED THEREBY. D. ISI File Format Software. The FRACTAL directory of the Software includes certain file format software (the "ISI File Format Software") that Iterated Systems, Inc. ("ISI") has authorized AimTech to include on the Disk. The File Format Software is compatible with separate ISI computer programs (the "ISI Programs") for use in the encoding and decoding of compressed images generated through application of ISI's proprietary compression technology. However, the ISI Programs are not included on the Disk, and no license or other right to use them is granted by this Agreement. The File Format Software is included on the Disk solely for your convenience. You are not authorized to use the ISI File Format Software except in conjunction with ISI Programs that you separately license from ISI or an authorized ISI distributor and, in such case, subject to the terms and conditions applicable to the Software under this Agreement and to the terms and conditions of your ISI license. E. Notices. You may not remove or alter AimTech's or its suppliers' copyright notices and other intellectual property rights notices included on the Disk or in the Software, the Documentation, the Media, or any IA Application. 5. TERM. The License is effective upon your opening the sealed Disk case included in the Package and will continue in effect until terminated either (a) by you, at any time by notifying AimTech in writing; or (b) automatically, upon your failure to comply with any term or condition of this Agreement. You agree that, upon termination of this Agreement, you will promptly return to AimTech the Disk and the copy of the Documentation enclosed in the Package, you will destroy any copies of the Software or the Media made by or for you, and you will purge or otherwise remove all electronic and magnetic copies of the Software and the Media from any computer, storage medium, or other device on which the same may be stored or maintained. 6. LIMITATION OF WARRANTIES. You assume responsibility for the selection of the Software and the Media to achieve your intended results and for the installation and use of, and the results obtained from, the Software and the Media. AimTech does not warrant that the functions or features contained in the Software and the Media will meet your requirements or that the operation of the Software and the Media will be uninterrupted or error free. AimTech warrants (the "Limited Warranty") that the Documentation and the Disk (but not the Software or the Media) shall, under normal use, be free from defects in materials or workmanship for a period of ninety (90) days from the date of your purchase of the Package (the "Warranty Period"). If there is a breach of the Limited Warranty, you must notify AimTech of such breach within the Warranty Period and you should promptly return the defective Documentation and/or Disk to AimTech in accordance with its warranty return instructions. Subject to its verification of the defect, AimTech will either repair or replace the defective Documentation and/or Disk and return it or them to you. EXCEPT FOR THE LIMITED WARRANTY, AIMTECH AND ITS SUPPLIERS MAKE, AND YOU RECEIVE, NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR ANY WARRANTIES AS TO RIGHTS OF THIRD PARTIES OR NON-INFRINGEMENT) WITH RESPECT TO THE DISK, THE SOFTWARE, THE DOCUMENTATION, OR THE MEDIA, ALL OF WHICH ARE OTHERWISE PROVIDED "AS IS". Some states and jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state or jurisdiction to jurisdiction. 7. LIMITATION OF LIABILITY. AIMTECH AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA OR LOST PROFITS) PERTAINING IN ANY WAY TO THE DISK, THE SOFTWARE, THE DOCUMENTATION, OR THE MEDIA, OR TO ANY OF AIMTECH'S OBLIGATIONS UNDER THE LICENSE OR THIS AGREEMENT, EVEN IF AIMTECH HAS BEEN MADE AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES. Some states and jurisdictions do not allow the exclusion or limitation of special, indirect, incidental, or consequential damages, so the above limitation and exclusion may not apply to you. 8. TAXES. You agree to be responsible for and to pay, and to reimburse AimTech on request if AimTech is required to pay, any sales, use, or other tax (excluding any tax that is based on AimTech's net income), assessment, duty, tariff, or other fee or charge of any kind or nature that is levied or imposed by any governmental authority on your purchase of the Package, the License, or your use of the Software, the Documentation, or the Media. 9. GENERAL. This Agreement is the complete and exclusive statement of the agreement between AimTech and you, and this Agreement supersedes any prior proposal, agreement, or communication, oral or written, pertaining to the subject matter of this Agreement. This Agreement shall be governed by the laws of the State of New Hampshire and of the United States of America. All questions concerning the terms and conditions of this Agreement should be directed to AimTech in writing addressed to AimTech Corporation, 20 Trafalgar Square, Nashua, New Hampshire 03063-1973. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND The Software, the Documentation, and the Media 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 clause at 48 CFR 52.227-19, as applicable. The contractor/manufacturer is AimTech Corporation, 20 Trafalgar Square, Nashua, New Hampshire 03063- 1973.