ParaGraph International Electronic End User License Agreement NOTICE TO USER: THIS IS A CONTRACT. BY ACCESSING THE VIRTUAL HOME SPACE BUILDER (RESTRICTED FUNCTIONALITY/EVALUATION VERSION), YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS IS AN EVALUATION VERSION OF THE VIRTUAL HOME SPACE BUILDER (TM) AND HAS LIMITED FUNCTIONALITY AND CAPABILITY. GRANT. ParaGraph International, Inc., with its principal place of business at 1688 Dell Avenue, Campbell, California 95008 ("ParaGraph") hereby grants to you a non-exclusive license to use the Virtual Home Space Builder (Evaluation version) (the "Software") and accompanying documentation ("Documentation") on the following terms: You may: (i) use the Software on any single computer for evaluation purposes only; (ii) use the Software on a second computer so long as the first and second computers are not used simultaneously; and (iii) make a copy of the Software for archival purposes, provided any copy contains all of the original Software's proprietary notices. The Software is in "use" when it is loaded into RAM, installed on a hard disk, or installed on another storage device. You may not: (i) modify, translate, reverse engineer, decompile, disassemble, create derivative works based on the Software, or any portion thereof, or Documentation; or attempt to increase the functionality of the Software in any manner; (ii) copy the Software (except for back-up purposes) or Documentation; (iii) rent, lease, or otherwise transfer rights to the Software or Documentation; or (iv) remove any proprietary notices or labels on or in the Software or Documentation. SOFTWARE If you receive your first copy of the Software electronically, and a second copy on media, the second copy may be used for archival purposes only. This license does not grant you any right to any enhancement or update. TITLE. Title, ownership rights, and intellectual property rights in and to the Software and Documentation shall remain in ParaGraph and/or its suppliers. The Software is protected by the copyright laws of the United States and international copyright treaties. Title, ownership rights, and intellectual property rights in and to the content accessed through the Software is the property of the applicable content owner and may be protected by applicable copyright or other law. This License gives you no rights to such content. LIMITED WARRANTY. You acknowledge and agree that the Software is an evaluation version and as such (i) the Software has limited functionality and is not expected to function fully upon installation and (ii) that use of the Software may result in unexpected results, loss of data, project delays or other unpredictable damage or loss. THE SOFTWARE IS PROVIDED "AS-IS" AND PARAGRAPH DISCLAIMS ALL EXPRESS WARRANTIES, CONDITIONS, OR REPRESENTATIONS AND ALL IMPLIED WARRANTIES, CONDITIONS, AND REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. AS SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, THIS EXCLUSION MAY NOT APPLY TO YOU. NO PARAGRAPH DEALER, AGENT, OR EMPLOYEE, OR ANY OTHER PARTY IS AUTHORIZED TO MAKE WARRANTIES OR CONDITIONS ON PARAGRAPH'S BEHALF. 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 PARAGRAPH OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION 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, EVEN IF PARAGRAPH 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 STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. PARAGRAPH SHALL NOT BE LIABLE FOR ANY DAMAGES UNDER THIS AGREEMENT. TERM AND TERMINATION. This Agreement will terminate automatically if you fail to comply with the limitations described above. On termination, you must (i) discontinue your use of the Software and (ii) permanently erase or destroy all copies of the Software and Documentation. EXPORT CONTROLS. None of the Software, portions thereof, or underlying information or technology may be downloaded or otherwise exported or reexported (i) 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 for which export is otherwise restricted or prohibited; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, or any portion thereof, 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. MISCELLANEOUS. This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE CONTAINED IN YOUR PURCHASE ORDER. 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 California law as such law applies to agreements between California residents entered into and to be performed within California, except as governed by Federal law. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. U.S. Government End Users. The Software and Documentation are "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 (SEPT 1995) and 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995), all Government end users acquire the Software and Documentation under the terms and conditions herein.