KINETIX (tm), A DIVISION OF AUTODESK, INC. ELECTRONIC END USER LICENSE AGREEMENT FOR UNRELEASED SOFTWARE NOTICE TO USER: THIS IS A CONTRACT. BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. This Kinetix End User License Agreement for Unreleased Software accompanies an unreleased version of an Kinetix software product and related explanatory materials ("Software"). The term "Software" shall also include any upgrades, modified versions or updates of the Software licensed to you by Kinetix. This copy of the Software is licensed to you as the end user. Please read this Agreement carefully. Kinetix grants to you a nonexclusive license to use the Software for evaluation and trial use purposes only, provided that you agree to the following: 1. Use of the Software. You may install the Software in a single location on a hard disk or other storage device; install and use the Software on a file server for use on a network for the purpose of installation onto hard disks or other storage devices or use of the Software over such network; and make backup copies of the Software. You may make unlimited copies of the Software and give copies to other persons or entities so long as (i) you do not relicense the Software as a stand-alone product or as a product of which the Software is the primary source of value and (ii) all copies contain this Agreement and the same copyright and other proprietary notices that appear on or in the Software. 2. Copyright. The Software is owned by Kinetix and its suppliers, and its structure, organization and code are the valuable trade secrets of Kinetix and its suppliers. The Software is also protected by United States Copyright Law and International Treaty provisions. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. You may use trademarks only to identify printed output produced by the Software, in accordance with accepted trademark practice, including identification of trademark owner's name. Such use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this Agreement does not grant you any intellectual property rights in the Software. 3. Cooperation with Kinetix. During the term of this Agreement, you will provide feedback to Kinetix regarding testing and use of the Software, including error or bug reports. 4. No Warranty. You acknowledge that the Software is a pre-release, prototype version, does not represent final product from Kinetix, and may contain bugs, errors and other problems that could cause system failures. Consequently, the Software is provided to you "AS IS," and Kinetix disclaims any warranty or liability obligations to you of any kind. You acknowledge that Kinetix has not promised or guaranteed to you that such Software will be announced or made available to anyone in the future, that Kinetix has no express or implied obligation to you to announce or introduce the Software and that Kinetix may not introduce a product similar or compatible with the Software. Accordingly, you acknowledge that any research or development that you perform regarding the Software or any product associated with the Software is done entirely at your own risk. KINETIX AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. KINETIX AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL KINETIX OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN KINETIX REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. 5. Termination of Use. Upon your receipt of a later unreleased version of the Software or a publicly released commercial version of the Software, you agree to destroy all earlier unreleased versions of the Software received from Kinetix and to abide by the terms of the End User License Agreement for any such later versions of the Software. 6. Governing Law and General Provisions. This Agreement will be governed by the laws of the State of California, U.S.A., excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of Kinetix. 7. Notice to Government End Users. If this product is acquired under the terms of a: GSA contract- Use, reproduction or disclosure is subject to the restrictions set forth in the applicable ADP Schedule contract; DoD contract- Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of 252.227-7013; Civilian agency contract- Use, reproduction, or disclosure is subject to 52.227-19 (a) through (d) and restrictions set forth in the accompanying end user agreement. Unpublished rights reserved under the copyright laws of the United States. Kinetix, a division of Autodesk, Inc., 111 McInnis Parkway, San Rafael CA 94903 Please indicate your acceptance of or decline the foregoing Agreement by clicking on the appropriate box during installation. Autodesk is a registered trademark and Kinetix a trademark of Autodesk, Inc. Copyright (c) 1996 Autodesk, Inc. All rights reserved.