PRESCIENT SYSTEMS (TM) END USER SOFTWARE LICENSE AGREEMENT BY CLICKING ON THE "ACCEPT" BUTTON, DOWNLOADING THE SOFTWARE OR OPENING THE PACKAGE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD THE SOFTWARE, OR CLICK THE "DO NOT ACCEPT" BUTTON, AND, IF APPLICABLE, RETURN THIS PRODUCT TO PRESCIENT SYSTEMS. THIS END USER SOFTWARE LICENSE AGREEMENT (the "Agreement") is made between you, the end user ("You"), and Prescient Systems, a California corporation ("Prescient Systems"). 1. Use of Software. Prescient Systems hereby grants to You a non-exclusive license to use its accompanying proprietary GOTCHA!(TM) Recreational Video Capture Software product (the "Software") on a single computer on a hard disk or other storage device. You may make a reasonable number of backup copies of the Software. YOU ARE EXPRESSLY PROHIBITED FROM MAKING COPIES OF THE SOFTWARE FOR ANY PURPOSE OTHER THAN BACKUP OF YOUR PURCHASED COPY. You are expressly prohibited from selling, renting, leasing or otherwise distributing copies of the Software. You are expressly prohibited from transmitting the Software to any point outside the United States for any reason. You may not use the Software for any use prohibited by law. 2. Intellectual Property Protection. The Software, including its operation, code, architecture and implementation, as well as the look and feel of the Software are the valuable intellectual property of Prescient Systems. The Software is protected by United States copyright laws and international treaty provisions. This Agreement does not give You any intellectual property rights in the Software. You agree not to modify, translate, disassemble, decompile, reverse engineer, create derivative works of, or make any other attempt by any means to discover or obtain the source code for the Software. 3. Limited Warranty. Prescient Systems warrants that the Software will perform substantially in accordance with Prescient Systems' published specifications therefor for a period of ninety (90) days from the date You acquire the Software. Prescient Systems' sole liability for any breach of this warranty shall be, in Prescient Systems' sole discretion: (i) to repair or replace the Software or (ii) to refund the license fee You paid for the Software. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. THIS IS A LIMITED WARRANTY AND IS THE ONLY WARRANTY MADE BY PRESCIENT SYSTEMS. PRESCIENT SYSTEMS MAKES NO OTHER WARRANTY, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE ABOVE LIMITED WARRANTY PERIOD. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NO PRESCIENT SYSTEMS' 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 Software is subjected to accident, abuse or improper use; or if You violate the terms of this Agreement; then this warranty shall immediately be terminated. 4. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL PRESCIENT SYSTEMS OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES EVEN IF PRESCIENT SYSTEMS SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THE SOFTWARE IS CONFIGURED FOR RECREATIONAL USE ONLY AND IT IS NOT INTENDED FOR USE AS A SECURITY OR PROTECTION SYSTEM. PRESCIENT SYSTEMS SHALL BE HELD HARMLESS FOR ANY LOSSES, REAL OR PERCEIVED, THAT OCCUR RELATING TO THE USE OF THE SOFTWARE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. 5. Termination. Your license to use the Software is terminated if You violate this Agreement. Upon termination, You must destroy all copies of the Software. 6. General Provisions. This Agreement is the exclusive agreement between You and Prescient Systems concerning the Software and supersedes any and all prior or contemporaneous oral or written agreements, representations, negotiations or other dealings between You and Prescient Systems. This Agreement will be governed by the laws of the State of California applicable to contracts executed and performed entirely in California by residents of that State. If any part of this Agreement is found to be void, unenforceable or invalid, it shall not affect the other provisions of this Agreement. This Agreement can only be modified by a writing signed by both parties. Prescient Systems, GOTCHA!, Personal Observation Ware and "...give your camera a mind of its own" are trademarks of Prescient Systems. Prescient Systems has a U.S. patent protecting the motion detection properties of GOTCHA!.