KNOWLEDGE ADVENTURE SOFTWARE LICENSE AGREEMENT Notice to User: It is important that you read this document before using the enclosed software. By using the Software, you agree to be bound by the terms of this Agreement. This is a legal document between you the User) and Knowledge Adventure ("KA"). SOFTWARE LICENSE License Grant. KA grants User a non-exclusive, non-transferable, limited license to use the Software with compatible equipment. Copying. This software is licensed for use on a single computer in a single location. Any copying of the software is prohibited. Other Restrictions. User may not loan, lease, distribute or transfer the Software or copies thereof, nor reverse engineer or otherwise attempt to discern the source code of the Software. Title. Title to the Software is not transferred to User. Ownership of the enclosed copy of the Software and of copies made by User is vested in KA, subject to the rights granted to User in this Agreement. LIMITED WARRANTY Limited Warranty. KA warrants that the medium upon which the Software is provided by KA to User shall be free from defects in material and workmanship under normal use for a period of 90 days from the date of User's receipt thereof. DISCLAIMER. EXCEPT AS EXPRESSLY STATED HEREIN, THE SOFTWARE IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. USER BEARS ALL RISK RELATING TO QUALITY AND PERFORMANCE OF THE SOFTWARE. The performance of the Software varies with various manufacturers' equipment with which it is used. KA does not warrant that the Software or the functions contained in the Software will meet User's requirements, operate without interruption or be error free. Limitation of Liability. User's exclusive remedy for breach by KA of its limited warranty shall be replacement of any defective medium upon its return to KA within the warranty period, or if KA is unable to provide a replacement which is free of defect, refund of the license fee paid by User with respect to such medium. In no event will KA be liable for any lost profits or other damages, including direct, indirect, incidental, special, consequential or any other type of damages, arising out of this Agreement or the use of the Software licensed hereunder, even if KA has been advised of the possibility of such damages. GENERAL PROVISIONS Term and Termination. User may terminate this Agreement by ceasing all use of the Software and destroying all copies thereof. KA may terminate this Agreement if User commits a material breach hereof. Upon any termination of this Agreement, User shall cease all use of the Software, destroy all copies thereof then in its possession and take such other actions as KA may reasonably request to ensure that no copies of the Software remain in its possession. Effect of Agreement. This Agreement embodies the entire understanding between the parties with respect to, and supersede any prior understanding or agreement, oral or written, relating to, the Software. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California. General Provisions. Neither this Agreement nor any part or portion hereof shall be assigned, sublicensed or otherwise transferred by User. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby. Failure of a party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.