------------------------------------------------ EUDORA VERSION 5.0.2 SOFTWARE LICENSE AGREEMENT ------------------------------------------------ QUALCOMM INCORPORATED ("QUALCOMM") IS WILLING TO LICENSE VERSION 5.0.2 OF ITS EUDORA® SOFTWARE AND THE ACCOMPANYING DOCUMENTATION (THE "SOFTWARE") TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS IN THIS AGREEMENT. PLEASE READ THE TERMS CAREFULLY. BY CLICKING ON THE "YES" BUTTON BELOW YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, QUALCOMM IS UNWILLING TO LICENSE THE SOFTWARE TO YOU. YOU SHOULD CLICK ON THE "NO" BUTTON TO DISCONTINUE THE INSTALLATION PROCESS. THE SOFTWARE IS AVAILABLE IN 3 MODES: LIGHT MODE (no cost; reduced set of features available), SPONSORED MODE (no cost; full feature set with sponsor window) AND PAID MODE (annual subscription fee; full feature set without sponsor window). TO USE THE SPONSORED MODE VERSION OF THE SOFTWARE, YOU WILL BE REQUIRED TO COMPLETE A PROFILE QUESTIONNAIRE AFTER A TRIAL PERIOD. PLEASE NOTE THAT EUDORA'S PRIVACY POLICY (http://www.eudora.com/privacy) GOVERNS QUALCOMM'S USE OF PROFILE INFORMATION. IF YOU CHOOSE NOT TO COMPLETE THE PROFILE QUESTIONNAIRE AFTER THE TERMINATION OF THE TRIAL PERIOD, YOUR COPY OF EUDORA WILL REVERT TO LIGHT MODE. IN THE EVENT QUALCOMM RELEASES NEW VERSIONS OF THE SOFTWARE, SUCH NEW VERSIONS OF THE SOFTWARE IN SPONSORED MODE WILL BE MADE AVAILABLE AT WWW.EUDORA.COM AT NO CHARGE. REGISTERED USERS OF THE SOFTWARE IN PAID MODE ARE ENTITLED, AT NO CHARGE, TO DOWNLOAD NEW VERSIONS OF THE SOFTWARE IN PAID MODE RELEASED DURING THE 12-MONTH PERIOD FOLLOWING THE DATE OF REGISTRATION OF THE SOFTWARE (THE "SUBSCRIPTION PERIOD"). THE SUBSCRIPTION PERIOD MAY BE RENEWED UPON PAYMENT OF THE ANNUAL SUBSCRIPTION FEE. 1. LICENSE. Qualcomm hereby grants you a nonexclusive license to install and use the Software in machine- readable form on a single computer for use by a single individual. You may copy the Software only for backup purposes, provided that you reproduce all copyright and other proprietary notices that are on the original copy of the Software. 2. RESTRICTIONS. Qualcomm retains all right, title, and interest in and to the Software, and any rights not granted to you herein are reserved by Qualcomm. You may not reverse engineer, disassemble, decompile, or translate the Software, or otherwise attempt to derive the source code of the Software, except to the extent allowed under any applicable law. If applicable law permits such activities, any information so discovered must be promptly disclosed to Qualcomm and shall be deemed to be the confidential proprietary information of Qualcomm. Any attempt to transfer any of the rights, duties or obligations hereunder is void. You may not rent, lease, loan, or resell for profit the Software, or any part thereof. You may not reproduce, distribute, publicly perform or publicly display the Software except as expressly permitted under Section 1, and you may not create derivative works of the Software. 3. PRIVACY STATEMENT. The Eudora Privacy Statement found online at , is incorporated herein by reference. 4. SUPPORT. Registered users of the Software are entitled to Qualcomm's standard support services, as such services are modified from time to time in Qualcomm's discretion. 5. NO WARRANTY. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, WHETHER EXPRESS, IMPLIED OR STATUTORY. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state. 6. LIMITATION OF LIABILITY. IN NO EVENT WILL QUALCOMM OR ITS SUPPLIERS BE LIABLE FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) IN CONNECTION WITH THE SOFTWARE OR THIS AGREEMENT, EVEN IF QUALCOMM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Qualcomm's liability in connection with the Software, regardless of the form of action, exceed $100. Some jurisdictions do not allow the foregoing limitations of liability, so the foregoing limitations may not apply to you. 7. TERM AND TERMINATION. This Agreement shall continue until terminated. You may terminate the Agreement at any time by deleting all copies of the Software. This license terminates automatically if you violate any terms of the Agreement. Upon termination you must promptly delete all copies of the Software. Sections 2, 5, 6, 10 and 11 shall survive termination. 8. EXPORT. You may not download or otherwise export or re-export the Software except in full compliance with all applicable laws and regulations. By accepting this agreement you represent and warrant that you: (a) understand that the Software is subject to export controls under the EAR, (b) are not located in a prohibited destination country under the EAR or U.S. sanctions regulations (currently Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, the Federal Republic of Yugoslavia (including Serbia but not Kosovo or Montenegro), and Taliban controlled areas of Afghanistan), (c) are not a Denied Party, Specially Designated National, or other person or entity prohibited from receiving exports / re-exports by U.S. law; and (d) will not export, re-export, or transfer the Software to any prohibited destination entity or individual without the necessary export license(s) or authorization(s) from the U.S. Government. 9. CONTRACTING PARTIES. If the Software is installed on computers owned by a corporation or other legal entity, then this Agreement is formed by and between Qualcomm and such entity. The individual executing this Agreement represents and warrants to Qualcomm that they have the authority to bind such entity to the terms and conditions of this Agreement. 10. INDEMNITY. You agree to defend and indemnify QUALCOMM Incorporated against all claims, losses, liabilities, damages, costs and expenses, including attorney's fees, which QUALCOMM may incur in connection with your breach of this Agreement. 11. GENERAL. The Software is a "commercial item." This Agreement is governed and interpreted in accordance with the laws of the State of California without giving effect to its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. Any claim arising out of or related to this Agreement must be brought exclusively in a federal or state court located in San Diego County, California and you consent to the jurisdiction of such courts. If any provision of this Agreement shall be invalid, the validity of the remaining provisions of this Agreement shall not be affected. This Agreement is the entire and exclusive agreement between Qualcomm and you with respect to the Software and supersedes all prior agreements (whether written or oral) and other communications between Qualcomm and you with respect to the Software. COPYRIGHT © 2000 BY QUALCOMM INCORPORATED. ALL RIGHTS RESERVED. QUALCOMM® IS A REGISTERED TRADEMARK AND REGISTERED SERVICE MARK OF QUALCOMM INCORPORATED. EUDORA® AND EUDORA PRO® ARE REGISTERED TRADEMARKS OF QUALCOMM INCORPORATED. PUREVOICE(TM) IS A TRADEMARK OF QUALCOMM INCORPORATED. ALL OTHER TRADEMARKS AND SERVICE MARKS ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS. BY CLICKING ON THE "YES" BUTTON YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. 11/00 - 1