SOFTWARE LICENSE AGREEMENT WITH END-USER COPYRIGHT 1996 IRIS Systems. All rights reserved. BY DOWNLOADING AND INSTALLING THIS SOFTWARE ON A COMPUTER AND RUNNING THE PROGRAM(S), YOU ARE AGREEING TO BE BOUND BY, AND YOU BECOME A PARTY TO, THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, DELETE ANY AND ALL PORTIONS OF THIS SOFTWARE ALREADY INSTALLED ON YOUR DISK DRIVE. Grant of License : IRIS Phone Trial Version License Agreement. IRIS Systems ("IRIS") grants to you a non-exclusive license to use its IRIS Phone - internet 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 shall not, and you shall not permit other individuals to: modify, translate, reverse engineer, decompile, disassemble or create derivative works based on the Software, or remove any proprietary notices or labels on the Software. Reservation of Rights : IRIS Systems reserves the right to alter prices, features, capabilities, functions, licensing terms, release dates, general availability or any other characteristics of the commercial versions at any time as IRIS Systems sees fit. Software Title : All Title, ownership rights, and intellectual property rights in and to the Software shall remain in IRIS Systems. The Software is protected by the copyright laws of the United States and all International Copyright Treaties. Disclaimer of Warranty : 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-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 IRIS Systems 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 from state to state or by jurisdiction. Limitation of Liability : Under no circumstances and under no legal theory, tort, contract, or otherwise, shall IRIS Systems or any other person be liable for any direct, 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 IRIS Systems be liable for any damages whatsoever. Complete Agreement : This Agreement represents the complete agreement between the parties, 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 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 of Contracts for the International Sale of Goods is expressly excluded under this agreement. 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. YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS.