Software License Agreement 1. NOTICE: THIS SOFTWARE IS BEING LICENSED TO YOU ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT (this "Agreement"). PLEASE READ THE LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. BY INSTALLING OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THE LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS THEN BLAZE TECHNOLOGIES, INC. ("Blaze") IS UNWILLING TO LICENSE THE SOFTWARE TO YOU AND YOU SHOULD NOT INSTALL OR USE THE SOFTWARE. IN SUCH CASE, IF YOU PAID FOR A LICENSE TO THE SOFTWARE, THEN RETURN THE UNINSTALLED SOFTWARE AND ALL OTHER MATERIAL IN THIS PACKAGE ALONG WITH PROOF OF PAYMENT WITHIN 30 DAYS TO THE AUTHORIZED DEALER FROM WHOM YOU OBTAINED IT FOR A FULL REFUND OF THE PRICE YOU PAID. This Agreement has 3 Sections. Section I applies if you have purchased a license to the accompanying software (the "Software"). Section II applies if you are evaluating the Software and have not purchased a license to the Software. Section III applies to all users. SECTION I - TERMS FOR USE BY PURCHASERS OF THE SOFTWARE Grant: If you have purchased a license to the Software, Blaze grants you a license to install and use the Software in accordance with the Permitted and Restricted Uses outlined in Section III. Limited Warranty: Blaze makes the following sole warranty: The media on which the Software is stored (if provided by Blaze) will be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date you purchased a license for the Software as evidenced on your proof of purchase. If the media fails to conform to this warranty, Blaze may at its sole discretion: (1) replace any media that you return during the warranty period or (2) provide you with a refund of your purchase price. WARRANTY DISCLAIMER: BLAZE DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. BLAZE EXCLUDES AND EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES NOT STATED HEREIN, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This limited warranty gives you specific legal rights, and you may also have other legal rights, which vary from state to state. SECTION II - TERMS FOR USE IN EVALUATION OF THE SOFTWARE GRANT: Blaze grants you a license to install and use the Software free of charge for 30 days in order to evaluate the Software. The Permitted and Restricted Uses of the Software are outlined in Section III. If you are evaluating the Software in this manner, you are not entitled to technical support or telephone assistance. DISCLAIMER OF WARRANTY: THE SOFTWARE PROVIDED FOR EVALUATION PURPOSES IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. IF THE SOFTWARE IS DEFECTIVE, YOU AND NOT BLAZE MUST PAY FOR ANY COST OF SERVICE OR REPAIR. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This limited warranty gives you specific legal rights, and you may also have other legal rights, which vary from state to state. SECTION III - TERMS FOR ALL USERS OF THE SOFTWARE Ownership and License. This is a license agreement and NOT an agreement for sale. Blaze continues to own the copy of the Software and all other copies that you are authorized by this Agreement to make. The Software is protected by copyright law. Your rights to use the Software are specified in this Agreement, and Blaze retains all rights not expressly granted to you in this Agreement. Nothing in this Agreement constitutes a waiver of Blaze's rights under US Copyright law or any other federal or state law. Permitted Uses: You are granted the following rights to the Software: - You may install and use one copy of the Software on a single computer - You may make one copy of the Software for backup purposes. You may not copy the documentation. - You may transfer the Software on a permanent basis if and only if you: (1) transfer all copies of the Software on all media types, including but not limited to hard disks, floppy disks, CD-ROMs; (2) transfer all documentation; AND (3) the recipient agrees to the terms of this Agreement. If this is an upgrade version, you must transfer all previous versions as well. Furthermore, such transfer terminates your license for the use of the Software. - You may make and distribute an unlimited number of copies of individual, "self executing messages" that you develop with the enclosed programif and only if you: (1) do not sell, license or rent your self executing messages for profit; AND (2) do not in any way alter the screen that displays the notice "©1995-1996 Blaze Technologies, Inc. All Rights Reserved." Restricted Uses: You may not: - Rent, sublicense or lease the Software. - Modify, translate, reverse engineer, decompile or disassemble the Software. LIMITATION OF LIABILITY BLAZE SHALL IN NO EVENT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF BLAZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BLAZE'S LIABILITY TO YOU SHALL NOT, UNDER ANY LEGAL THRORY, EXCEED YOUR PURCHASE PRICE OF THE SOFTWARE. Some sates do not allow these limitations or exclusions, so they may not apply to you. Untied States Government Restricted Rights. The Software and documentation are provided with Restricted Rights. Use, duplication or disclosure by the US Government or any agency or instrumentality thereof is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or in subdivision (c) (1) and (2) of the Commercial Computer Software - Restricted Rights Clause at FAR 52.227-19, as applicable. Contractor/Manufacturer is Blaze Technologies, Inc., P.O. Box 4480, Mountain View, CA 94040-4480. Miscellaneous Provisions: This Agreement will be governed by laws of the State of California. No change or modification of this Agreement will be valid unless it is in writing and is signed by both you and Blaze. If you have any questions regarding this Agreement, write to us at Blaze Technologies, Inc., P.O. Box 4480, Mountain View, CA 94040-4480.