1. GRANT Compaq Computer Corporation ("COMPAQ") grants you the right to use the Software, plus any prior version, by the Quantity of Individuals or Quantity of Concurrent Users, as specified on your hard copy license that serves as your Proof of License. You may copy the Software into the local memory or storage device of a single computer ("Licensed Computer") for each Individual. If your hard copy license specifies Quantity of Individuals, each Individual may also use the Software on one additional computer, either a computer at home or a portable computer. You may make archival or back-up copies of the Software. You may copy the Software onto a network server or secure intranet for the sole purpose of distributing the Software to the Licensed Computers within your company. You agree to a) distribute the Run-time Library in object code only in conjunction with and as part of a software application ("End-User Application") product developed by you that adds significant and primary functionality to the Run-time Library; b) not use "Compaq" and its suppliers's name, logo, or trademarks to market the End-User Application, c) include a valid copyright notice on the End-User Application, d) indemnify, hold harmless, and defend Compaq and its suppliers from and against any claims or lawsuits, including attorney's fees, that arise or result from the use of distribution of the End-User Application, and e) do not permit further distribution of the Run-time Library by the user of the End-user Application. The Run-time Library is that portion of the Software which is identified in the documentation accompanying the Software as required during the execution of your application. You may permanently transfer your rights to use the Software, the Software itself including any updates to the specified version of the Software, and the accompanying documentation including this License Agreement, provided you retain no copies of the Software, updates, documentation, or License Agreement, and the recipient agrees to the terms of this License Agreement. 2. COPYRIGHT The Software is protected by copyright laws and international treaties. Your use of the Software and associated documentation is subject to the applicable copyright laws and the express rights and restrictions of this License Agreement. 3. RESTRICTIONS You may not rent, lease, or otherwise transfer the Software except as expressly authorized in this License Agreement. You may not make the Software available over the internet or similar networking technology. You may not remove any copyright, trademark, or other proprietary notices from the Software or the media. You may not reverse engineer, decompile, or disassemble the Software, except to the extent COMPAQ cannot prohibit such acts by law. LIMITED WARRANTY COMPAQ warrants that the Software will perform substantially as described in the Software Product Description (SPD), or documentation accompanying the Software if an SPD is not provided, for a period of ninety (90) days from delivery. EXCLUSIVE REMEDY The entire liability of COMPAQ and its suppliers and your exclusive remedy for Software which does not conform to this Limited Warranty shall be, at the option of COMPAQ, either (1) repair or replacement of the nonconforming Software, or (2) refund of your purchase price. This warranty and remedy are subject to your returning the nonconforming Software during the warranty period to COMPAQ in the country in which you obtained the Software. DISCLAIMER OF WARRANTIES THE ABOVE WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND NO OTHER WARRANTY, EXPRESS OR IMPLIED, WILL APPLY. COMPAQ SPECIFICALLY EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPAQ does not warrant that the operation of the Software will be uninterrupted or error free. ALLOCATION OF LIABILITY THE TOTAL LIABILITY OF COMPAQ AND ITS SUPPLIERS TO YOU FOR ANY CAUSE WHATSOEVER SHALL BE LIMITED TO THE PURCHASE PRICE YOU PAID FOR THE PRODUCT. THIS LIMITATION WILL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING WITHOUT LIMITATION NEGLIGENCE. THE FOREGOING LIMITATION DOES NOT APPLY TO DAMAGES RESULTING FROM PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF COMPAQ. IN NO EVENT WILL COMPAQ OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES RESULTING FROM LOSS OF DATA OR USE, LOST PROFITS, OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES. U.S. GOVERNMENT RIGHTS Consistent with FAR 12.211 and 12.212, Commercial Computer Software, Computer Software Documentation, and Technical Data for Commercial Items are licensed to the U.S. Government under vendor's standard commercial license. GENERAL You are responsible for compliance with all applicable export or re-export control laws and regulations if you export the Software. This Agreement is governed by and is to be construed under the laws of the Commonwealth of Massachusetts. If you have any questions concerning this Agreement, please contact your local COMPAQ sales office or write to: Compaq Computer Corporation, Software Business Practices, ZKO1-2/D22, 110 Spit Brook Road, Nashua, NH. 03062-2698. All trademarks are the sole property of their owners. Copyright © 2001 Compaq Computer Corporation