NIWOT NETWORKS, INC. ELECTRONIC END USER LICENSE AGREEMENT and ELECTRONIC END USER DEMO LICENSE AGREEMENT FOR ShareByMail (tm) NOTICE TO USER: THIS IS A CONTRACT. BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. This Niwot Networks, Inc ("Niwot Networks") End User License Agreement and End User Demo License Agreement accompanies the Niwot Networks ShareByMail product, related explanatory materials and "online" or electronic documentation ("Software"). The term "Software" also shall include any upgrades, modified versions or updates of the Software licensed to you by Niwot Networks. The Software product is licensed, not sold. Please read this Agreement carefully. Do not use the Software if you do not accept this Agreement. Upon your acceptance of this Agreement, Niwot Networks grants to you a non-exclusive and non-transferable expiring license to use the Software, provided that you agree to the following: 1. Use of the Software. You may install the Software on a hard disk or other storage device; install and use the Software on a file server for use on a network for the purposes of (i) permanent installation onto hard disks or other storage devices or (ii) use of the Software over such network; and make backup copies of the Software. Without prejudice to any other rights, Licensor may terminate this Agreement if Licensee breaches any of its terms and conditions. Upon termination, Licensee shall destroy all copies of ShareByMail. If you have not purchased ShareByMail then this is a demo license and is licensed for 30 days from first installation on a computer. You may install the software on up to three (physical or virtual) machines at a time. 2. Copyright and Trademark Rights. The Software is owned by Niwot Networks and its suppliers, and its structure, organization and code are the valuable trade secrets of Niwot Networks and its suppliers. The Software also is protected by United States Copyright Law and International Treaty provisions. Use of any trademark does not give you any rights of ownership in that trademark. Therefore, you must treat the Software product like any other copyrighted material. Except as stated above, this Agreement does not grant you any intellectual property rights in the Software. 3. Restrictions. Except as otherwise expressly permitted in this Agreement, Licensee may not: (i) modify or create any derivative works of ShareByMail or documentation, including translation or localization; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for ShareByMail (except to the extent applicable laws specifically prohibit such restriction); (iii) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to ShareByMail; (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in ShareByMail or (v) publish any results of benchmark tests run on ShareByMail to a third party without Niwot Network's prior written consent. The Software product is licensed as a single product. Its component parts may not be separated for use on more than one (physical or virtual) machine. 4. The following portions of the software are not owned by Niwot Networks: Blat.exe is public domain software, see http://www.blat.net. AES (Rijndael) code is in the public domain. see http://www.esat.kuleuven.ac.be/~rijmen/rijndael/ 5. No Warranty. The Software is being delivered to you "AS IS" and Niwot Networks makes no warranty as to its use or performance. NIWOT NETWORKS AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. NIWOT NETWORKS AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF SHAREBYMAIL REMAINS WITH YOU. 6. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE sHAREBYMAIL, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SHAREBYMAIL SUPPORT RECEIVED BY NIWOT NETWORKS UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. NIWOT NETWORKS IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH SHAREBYMAIL AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. 7. General Provisions. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of Niwot Networks. Unpublished-rights reserved under the copyright laws of the United States. copyright 2003-2004 Niwot Networks, Inc, 721 9th Ave., Longmont, CO 80501. ShareByMail and Share By Mail are trademarks of Niwot Networks, Inc. Updated July 06, 2004