WebWisdom.com END USER LICENSE AGREEMENT (EULA) =============================================== This license accompanies the software you have received either via electronic means over an electronic network or via physical/mechanical storage medium (for example, floppy disk, CD, or tape). WebWisdom.com assumes no responsibility for any damages that might occur either directly or indirectly from the documentation or use of this software. By using this software you agree to abide by the conditions of this agreement. WebWisdom.com may have patents or pending patent applications, trademarks, copyrights, or other intellectual property rights covering matter in the software package this license is part of. The furnishing of this software does not give you the license to these patents, trademarks, copyrights, or other intellectual property rights except as expressly provided in any written license agreement from WebWisdom.com. Copyright 1997-2000 WebWisdom.com. All rights reserved TANGO Interactive, LecCorder, WebWisdom, and BuenaVista are registered trademarks of WebWisdom.com in the United States and/or other countries. IMPORTANT -- READ CAREFULLY: This End-User License Agreement (EULA) is a legal agreement between you (either an individual or a single entity) and WebWisdom.com, (Hereinafter "WW.com") for the WW.com software product(s) contained in this package, which includes computer software and may include online or electronic documentation and software product (collectively, the "SOFTWARE PRODUCT(s)"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you are not authorized to use the SOFTWARE PRODUCT and must erase the software from your computer. The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. 1. GRANT OF LICENSE. WebWisdom.com grants to Recipient a limited, non-exclusive, nontransferable, royalty-free license to use one copy of the executable code of the Product software on a single CPU residing on Recipient's premises, solely for the Recipient's use of the product(s). Recipient may not redistribute any portion of the Product. Each copy of the software must be separately downloaded from WebWisdom.com web site. All other rights are reserved to WebWisdom.com. Recipient shall not rent, lease, sell, sublicense, assign, or otherwise transfer the Product, including any accompanying printed materials. Recipient may not reverse-engineer, decompile, or disassemble the Product except to the extent that this restriction is expressly prohibited by applicable law. WebWisdom.com shall retain title and all ownership rights to the Product. 2. TERM OF AGREEMENT. The term of this Agreement shall commence IMMEDIATELY upon Customer's acceptance of this Agreement, which shall be AUTOMATIC upon the loading or installation of this software and shall continue until indefinitely unless terminated by WebWisdom.com in writing at any time, with or without cause. 3. TERMINATION OF THIS LICENSE: WebWisdom.com may terminate this license at any time if you are in breach of any of its terms and conditions. Upon the termination of this Agreement, Recipient shall promptly return all copies of the WebWisdom.com Software and documentation to WebWisdom.com, or certify destruction of, all full or partial copies of the Product and related materials provided by WebWisdom.com. 4. PRODUCT MAINTENANCE. WebWisdom.com is not obliged to provide maintenance or updates to Recipient for the Product. However, any maintenance or updates provided by WebWisdom.com shall be covered by this Agreement. 5. DISCLAIMER OF WARRANTY. Product is deemed accepted by Recipient. The PRODUCT is provided "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WebWisdom.com FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCT AND DOCUMENTATION REMAINS WITH RECIPIENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WebWisdom.com OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF WebWisdom.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO RECIPIENT. 6. GOVERNING LAW; ATTORNEYS' FEES. This Agreement shall be governed by the laws of the State of New York, and Recipient further consents to jurisdiction by the state and federal courts sitting in the State of New York. If either WebWisdom.com or Recipient employs attorneys to enforce any rights arising out of, or relating to, this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees. 7. EXPORT RESTRICTIONS. Recipient acknowledges that the Product licensed hereunder is subject to the export control laws and regulations of the U.S.A., and any amendments thereof. Recipient confirms that with respect to the Product, it will not export or re-export it, directly or indirectly, either to (i) any countries that are subject to U.S.A export restrictions (currently including, but not necessarily limited to, Cuba, the Federal Republic of Yugoslavia (Serbia and Montenegro), Haiti, Iran, Iraq, Libya, North Korea, South Africa (military and police entities), and Syria); (ii) any end-user who Recipient knows or has reason to know will utilize them in the design, development, or production of nuclear, chemical, or biological weapons; or (iii) any end-user who has been prohibited from participating in the U.S.A. export transactions by any federal agency of the U.S.A. government. Recipient further acknowledges that the Product may include technical data subject to export and re-export restrictions imposed by U.S.A. law. 8. ENTIRE AGREEMENT. This Agreement constitutes the complete and exclusive agreement between WebWisdom.com and Recipient with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications, or agreements not specifically incorporated herein. This Agreement may not be modified except in a writing duly signed by an authorized representative of WebWisdom.com and Recipient. LICENSE #6875-996-125