END USER LICENSE AGREEMENT I-VIEW/I-VIEW PRO CAUTION. This is a legally binding and enforceable Agreement between you (which is you personally if you are acting on your own behalf, or which is the organization, corporation, or other entity on whose behalf you are acting) and EnReach Technology Inc., hereinafter called EnReach. By loading this software onto a computer, you are agreeing to be bound by the terms, conditions, and limitations of this Agreement. Please read them carefully. This Agreement has 4 parts. Part I applies if you have not purchased a license to the accompanying software (the "Software"). Part II applies if you have purchased a single copy license to the Software. Part III applies if you have purchased a royalty free license to the Software. Part IV contains additional grant terms. If you initially acquired a copy of the Software without purchasing a license and you wish to purchase a license, contact EnReach Technology, Inc.("EnReach") on the Internet at http://www.enreach.com. PART I -- TERMS APPLICABLE WHEN LICENSE FEES NOT (YET) PAID (LIMITED TO EVALUATION USE) GRANT. EnReach Technology, Inc. ("EnReach") grants you a no-charge trial license to use I-View ("Software") solely for evaluation purposes. You may not use the Software for any development, commercial, or production purpose. You may give trial copies of the Software to others to permit them to use the Software under the same restrictions as are in this Agreement, provided that you do not charge a fee for doing so. You must purchase a full-use license if you wish to do any of the following: (a) use the Software after the end of trial period, or (b) use the Software for any development, commercial, or production purpose, or (c) distribute the Software for any such use. Disclaimer of Warranty: Free of charge 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 EnReach assume the entire cost of any service and repair. In addition, the security mechanisms implemented by EnReach software have inherent limitations, and you must determine that the Software sufficiently meets your requirements. 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 BY JURISDICTION. PART II -- TERMS APPLICABLE WHEN SINGLE COPY LICENSE FEES PAID. GRANT. Subject to payment of applicable license fees, EnReach grants to you a non-exclusive license to use the Software and accompanying documentation ("Documentation") in the manner described below: You may: * use the Software on any single computer; * use the Software on a network, provided that each person accessing the Software through the network must have a copy licensed to that person; * use the Software on a second computer so long as only one copy is used at a time; * copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices; or You may not: * permit other individuals to use the Software except under the terms listed above; * permit concurrent use of the Software; * modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software; * copy the Software other than as specified above; * rent, lease, grant a security interest in, or otherwise transfer rights to the Software; * remove any proprietary notices or labels on the Software; * distribute copies of the software; or * disclose the results of any benchmark tests of the Software to any third party without EnReach's prior written approval. PART III -- TERMS APPLICABLE WHEN ROYALTY-FREE LICENSE FEES PAID. GRANT. Subject to payment of applicable license fees, EnReach grants to you a non-exclusive license to use the Software and accompanying documentation ("Documentation") in the manner described below: You may: * reproduce and distribute royalty-free, binary executable files which contain some or all of the Software, also in binary executable form as long as this reproduction and distribution is performed only by the legal entity to whom the Software is licensed to; * copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices; or You may not: * permit other individuals or entities to use or distribute the Software except under the terms listed above; * modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software; * copy the Software other than as specified above; * rent, lease, grant a security interest in, or otherwise transfer rights to the Software; or * remove any proprietary notices or labels on the Software. * disclose the results of any benchmark tests of the Software to any third party without EnReach's prior written approval. PART IV -- ADDITIONAL TERMS LIMITED WARRANTY (APPLIES ONLY TO SOFTWARE FOR WHICH LICENSE FEES HAVE BEEN PAID AS DESCRIBED IN PART II AND PART III OF THIS LICENSE AGREEMENT) EnReach warrants that for a period of thirty (30) days from the date of acquisition, the Software, if operated as directed, will substantially achieve the functionality described in the Documentation. EnReach also warrants that the media containing the Software, if provided by EnReach, is free from defects in material and workmanship and will so remain for thirty (30) days from the date you acquired the Software. EnReach does not warrant, however, that your use of the Software will be uninterrupted, that the operation of the Software will be error-free, or that the functions contained in the Software will meet your requirements. EnReach's sole liability for any breach of this warranty shall be, in EnReach's sole discretion: (i) to replace your defective media; or (ii) to advise you how to achieve substantially the same functionality with the Software as described in the Documentation through a procedure different from that set forth in the Documentation; or (iii) if the above remedies are impracticable, to refund the license fee you paid for the Software. Repaired, corrected, or replaced Software and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software, or if longer, for thirty (30) days after the date (a) of shipment to you of the repaired or replaced Software, or (b) EnReach advised you how to operate the Software so as to achieve the functionality described in the Documentation. Only if you inform EnReach of your problem with the Software during the applicable warranty period and provide evidence of the date you purchased a license to the Software will EnReach be obligated to honor this warranty. EnReach will use reasonable commercial efforts to repair, replace, advise or, for individual consumers, refund pursuant to the foregoing warranty within 30 days of being so notified. THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY ENREACH. ENREACH MAKES NO OTHER EXPRESS WARRANTY AND NO WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. THE DURATION OF IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD; SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO LIMITATIONS MAY NOT APPLY TO YOU. NO ENREACH DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY. If any modifications are made to the Software by you during the warranty period; if the media is subjected to accident, abuse, or improper use; or if you violate the terms of this Agreement, then this warranty shall immediately be terminated. This warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the software was designed to be used as described in the Documentation. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION. TITLE. Title, ownership rights, and intellectual property rights in the Software shall remain in EnReach and/or its suppliers. The Software is protected by the copyright laws and treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and may be protected by applicable law. This License gives you no rights to such content. TERMINATION. The license will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software and Documentation. U.S. GOVERNMENT RESTRICTED RIGHTS. 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, or at 252.211-7015, or to EnReach's standard commercial license, as applicable, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is EnReach Technology, Inc. 50 Airport Parkway, San Jose, CA 95110. HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). EnReach and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. MISCELLANEOUS. If the copy of the Software you received was accompanied by a printed or other form of "hard-copy" End User License Agreement whose terms vary from this Agreement, then the hard-copy End User License Agreement governs your use of the Software. 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 IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and will not affect the validity of any other section, term, condition, or limitation set forth herein. This Agreement shall be governed by California law (except for conflict of law provisions). The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. You also agree and authorize EnReach, or its authorized representative, access to any location where the Software is being used in order to verify that your use of the Software complies with all of the terms, conditions, and limitations set forth in this License Agreement. This license agreement constitutes the entire understanding between the parties hereto and supersedes any and all prior or contemporaneous oral or written agreements, understandings, representations, or communications between the parties. It may amended only by a writing executed by both parties. All of your obligations and responsibilities under this License Agreement shall survive its termination for any reason. LIMITATION OF LIABILITY. ENREACH SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF YOU OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.