ICL SOFTWARE LICENCE This Licence constitutes an agreement between you (the end user) and International Computers Limited (hereinafter "ICL"). This Licence applies to the copy of the ICL software programs (comprising launcher, installer, registration wizard, ICL FTP and ICL Ping programs, hereinafter "Software") that you are now taking into use. You should read these terms carefully. By installing or using the Software, you agree to be bound by these Terms and Conditions. If these Terms and Conditions are not accepted in full, you are not authorised to use the Software. 1. GRANT OF LICENCE ICL grants you the right to have one user of the Software on a single computer or terminal at a time (hereinafter "Authorised Use"). You may use upgrade Software only to replace or enhance your earlier licensed version of the Software. You may not use, copy, modify, adapt, translate, reverse engineer, decompile or disassemble the Software, except as permitted hereunder or to the extent such acts may not be prohibited by law in the country of use or create derivative works based on the Software. All rights not expressly granted are reserved by ICL or its licensors. 2. COPYRIGHT The Software and all copyright and other rights in it are owned by ICL or its licensors. 3. TERMINATION OF LICENCE You may terminate this Licence at any time by destroying the Software and archival copy. ICL may terminate this Licence if you fail to comply with its terms and conditions. Upon such termination you shall destroy the Software and archival copy and confirm to ICL in writing that you have done so. 4. OTHER RESTRICTIONS You acknowledge that this Licence is personal to you and neither this Licence nor the Software may be transferred, sub-licensed or otherwise assigned. Any export of the Software is subject to the requirements and restrictions of applicable laws and regulations, including but not limited to the Export Administration Regulations of the United States of America. You may configure the Software for your own use provided it is in support of your Authorised Use. 5. LIMITED WARRANTY ICL warrants that the Software will perform with normal use substantially in accordance with the accompanying material for a period of ninety (90) days from the date of receipt. This warranty is void if failure of the Software has resulted from accident or misuse. Any replacement of the Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. 6. END USER REMEDIES ICL's entire liability and your exclusive remedy in the event that a valid claim is made by you to ICL within the terms of the aforesaid warranty shall be either the return of the price paid by you for the licence of the Software (if any) or, at ICL's option, the repair or replacement of the Software. 7. NO OTHER WARRANTIES ICL AND ITS LICENSORS DISCLAIM ALL OTHER CONDITIONS OR WARRANTIES EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE WHICH ARE HEREBY EXPRESSLY EXCLUDED TO THE EXTENT PERMITTED BY LAW. FOR THE AVOIDANCE OF DOUBT, NEITHER ICL NOR ITS LICENSORS WARRANT THE QUALITY OR ACCURACY OF ANY INFORMATION OR DOCUMENTATION RESULTING FROM OR TRANSMITTED USING THE SOFTWARE. THERE IS NO WARRANTY BY ICL OR ANY OTHER PARTY OR PERSON THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM IT. 8. NO LIABILITY FOR CONSEQUENTIAL DAMAGES NEITHER ICL NOR ITS LICENSORS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS, OR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF USE, LOSS OF CONTRACTS, ANTICIPATED SAVINGS OR FOR ANY ECONOMIC OR FINANCIAL LOSS WHATSOEVER AND HOWSOEVER SUFFERED, EVEN IF ICL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 9. LAW AND JURISDICTION These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales and any disputes shall be exclusively subject to the jurisdiction of the courts of England and Wales. _______________________________________________________ Date : 19 June 1998