FORMULA ONE/NET ("SOFTWARE") IS A PROPRIETARY PRODUCT OF VISUAL COMPONENTS AND IS PROTECTED BY COPYRIGHT LAWS. TITLE TO THE SOFTWARE SHALL AT ALL TIMES REMAIN WITH VISUAL COMPONENTS. THE SOFTWARE IS LICENSED BY VISUAL COMPONENTS TO YOU FOR YOUR USE STRICTLY IN ACCORDANCE WITH THE FOLLOWING TERMS AND CONDITIONS. SOURCE CODE LICENSES ARE AVAILABLE TROUGH VISUAL COMPONENTS. THIS AGREEMENT SUPERSEDES ANY PREVIOUS AGREEMENTS WITH VISUAL COMPONENTS.

LICENSE - YOU MAY:

1. Use the Software on a single computer. The Software is "in use" on a computer when it is loaded into temporary memory or installed into permanent memory of such computer. Installation on a network server for the sole purpose of internal distribution does not constitute "use" requiring a separate license, but you must have a separate license for each computer on the network to which the Software is distributed.

2. Make one copy of the Software for backup or archival purposes or copy the Software to a single permanent storage medium provided you keep the original solely for backup or archival purposes.

PROHIBITED USES - YOU MAY NOT:

3. LOAN OR RENT THE SOFTWARE OR SOFTWARE DOCUMENTATION.

4. OTHERWISE TRANSFER OR USE, COPY, OR MERGE THE SOFTWARE, IN WHOLE OR IN PART.

5. MODIFY, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER OR TRANSLATE THE SOFTWARE.

6. REMOVE ANY PROPRIETARY NOTICES, LABELS OR MARKS ON THE SOFTWARE OR SOFTWARE DOCUMENTATION.

7. DEVELOP OR DISTRIBUTE APPLICATIONS THAT PROVIDE DIRECT ACCESS TO THE SOFTWARE'S PROGRAMMING INTERFACE.

8. BUNDLE THE SOFTWARE IN A DEVELOPMENT ENVIRONMENT.

9. DEVELOP AND/OR DISTRIBUTE A STANDALONE SPREADSHEET OR CHARTING APPLICATION BASED UPON THE SOFTWARE.

IF YOU DO ANY OF THE FOREGOING, YOUR LICENSE AND THIS AGREEMENT ARE AUTOMATICALLY TERMINATED. SUCH TERMINATION SHALL BE IN ADDITION TO AND NOT IN LIEU OF ANY CRIMINAL, CIVIL, OR OTHER REMEDIES AVAILABLE TO VISUAL COMPONENTS.

TERM:

You may terminate your License and this Agreement at anytime by destroying the Software and Software documentation together with all copies in any form. They will also terminate automatically if you fail to comply with any term or condition of this Agreement, in which event you agree to destroy the Software and Software documentation together with all copies in any form, and to provide us upon our request with written certification of such destruction.

LIMITED WARRANTY/LIMITATION OF REMEDIES:

EXCEPT AS SPECIFICALLY STATED IN THIS AGREEMENT, THE SOFTWARE AND THE SOFTWARE DOCUMENTATION IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Visual Components warrants for a period of 90 days from the date of delivery to you that the Software will substantially conform to the Software documentation and specifications published by Visual Components. Visual Components does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be either error free or appear precisely as described in the Software documentation. You are responsible for selecting the Software to achieve your intended results and for the installation, use and results obtained from the Software. The Software must be used with the computer hardware and operating system for which it is designed, and in accordance with the Software documentation and specification requirements.

Visual Components will correct substantial Software non-conformities at no charge, provided you notify Visual Components in writing within 90 days from the date of delivery to you. If Visual Components is unable correct substantial Software non-conformities, Visual Components will refund the license fee. These are your sole remedies for any breach of warranty. You or your dealer must return the enclosed registration card to Visual Components in order for these remedies to be available to you and for you to be eligible for customer support and service during the warranty period.

All content accessed through the Software is the property of the applicable content owner and may be protected by applicable copyright law. This License gives you no such right to such content.

You may not download or otherwise export or reexport the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations.

IN NO EVENT WILL VISUAL COMPONENTS BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS OR REVENUES, LOSS OF DATA, BUSINESS INTERRUPTION LOSS, RECOVERY OR SUBSTITUTION COSTS, OR CLAIMS BY THIRD PARTIES, OR OTHER INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF VISUAL COMPONENTS OR A VISUAL COMPONENTS DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL VISUAL COMPONENTS' LIABILITY EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY YOU FOR THE SOFTWARE.

This limited warranty gives you specific legal rights. Some jurisdictions provide other rights, and some jurisdictions do not allow the exclusion or limitation of implied warranties or limitation of liability for incidental or consequential damages. As a result, the above limitations and/or exclusions may not apply to you.

U.S. GOVERNMENT RESTRICTED RIGHTS:

The Software and Software documentation are provided with Restricted and Limited Rights. Use, duplication or disclosure by the Government is subject to restrictions as set forth in DFAR º252.227-7013(c)(1)(ii) or FAR º52.227-19, as applicable, and additional restrictions set forth in this Agreement. Contractor/ Manufacturer is Visual Components, Inc., 15721 College Boulevard, Lenexa, Kansas 66219.

GENERAL:

This Agreement is governed by the laws of the State of Kansas. The prevailing party in any action or proceeding brought in connection with a breach of this Agreement will be entitled to reimbursement by the other party for costs and reasonable attorneys' fees.

Any questions concerning this Agreement should be referred in writing to Visual Components at 15721 College Blvd., Lenexa, Kansas 66219.

Copyright VISUAL COMPONENTS, INC. 1996 All Rights Reserved