STUPID BIRD SOFTWARE SHAREWARE DISTRIBUTION LICENSE NOTICE TO SHAREWARE DISTRIBUTORS ("DISTRIBUTOR"): CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. DISTRIBUTOR'S RIGHT TO DISTRIBUTE THIS SOFTWARE IS CONDITIONED UPON COMPLIANCE BY DISTRIBUTOR WITH THE TERMS OF THIS AGREEMENT. 1. LICENSE GRANT. Stupid Bird Software ("SBS") grants to Distributor a nonexclusive, worldwide right to distribute the object code version of the Software as shareware. This license to distribute the Software is conditioned upon Distributor's compliance with the terms of this Agreement. Distributor will not copy the Software except as necessary to use it in accordance with this license, and Distributor is granted no right to modify or sublicense the Software. Distributor may download the Software files from SBS's electronic bulletin board system at 619-599-6618, settings are 8Nl, ANSI or TTY emulation, and full duplex. All files of this Software must be distributed bundled together, with the Software .CMD and .EXE files bundled with the LICENSE.TXT and REGISTER.TXT file. All Software distribution must be via diskettes (which are either write-protected or notchless) or electronic transmission (in which case the original archive file from SBS must be used). Distributor is prohibited from installing copies of the Software on hard drives and distributing such hard drives. 2. NO SUBLICENSE FEE. Shareware Distributors may not charge their customers for the Software other than a nominal fee for the diskette and must make clear on the diskette package and diskette label that the Software on the diskette is for evaluation purposes only, and that its use beyond 30 days requires a valid license or registration through SBS. Shareware Distributors agree not to offer any service or subscription that includes updates of SBS Software. Such access to, or provision of, SBS Software updates is a benefit of properly licensing the Software through SBS. All registration and licensing opportunities shall be referred SBS. 3. COPYRIGHT. The Software is protected by United States copyright laws and international treaty provisions. Distributor acknowledges that no title to the intellectual property in the Software is transferred to Distributor. Distributor further acknowledges that full ownership rights to the Software will remain the exclusive property of SBS or its suppliers, and Distributor will not acquire any rights to the Software except as expressly set forth in this license. Distributor agrees that any copies of the Software made by Distributor will contain the same proprietary notices which appear on and in the Software. 4. REVERSE ENGINEERING. Distributor agrees that it will not attempt, and will use its best efforts to prevent its employees from attempting to reverse compile, modify, translate or disassemble the Software in whole or in part. 5. LIMITED END USER WARRANTY. SBS warrants the Software TO END USERS ONLY pursuant to the terms and conditions of the end user license and no warranty is extended to Distributor. In the event the Software does not conform to the limited warranty described in the end user license, SBS will provide the end user with a solution in accordance with the terms of the end user license. Distributor agrees to provide SBS with reasonable assistance in providing warranty assistance to end users. 6. NO OTHER WARRANTIES. SBS DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE, IDENTIFIES ALL KNOWN VIRUSES OR MAY NOT OCCASIONALLY REPORT A VIRUS IN A FILE NOT INFECTED BY THAT VIRUS. EXCEPT FOR THE EXPRESS WARRANTIES GRANTED TO THE END USER IN THE END USER LICENSE AGREEMENT, SBS DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. 7. SEVERABILITY. In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license. 8. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL MCAFEE OR ITS SUPPLIERS BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF MCAFEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 9. EXPORT. Distributor agrees that it will not export or re-export the Software to North Korea, Vietnam, Cuba, Iran or Iraq without the appropriate United States or foreign government licenses. 10. GOVERNING LAW. This Agreement will be governed by the laws of the State of California as they are applied to agreements to be entered into and to be performed entirely within California. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. 11. U.S. GOVERNMENT RESTRICTED RIGHTS. If Distributor provides the Software for use by DoD, Distributor agrees to insure that use, duplication or disclosure by the Government will be subject to the terms of this Agreement unless superseded by 252.227-7013(c)(1)(ii). If Distributor provides the Software for use by civilian agencies, Distributor agrees to insure that use, reproduction or disclosure is subject to the terms of this Agreement unless superseded by 52.227-19. 12. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between Distributor and SBS which supersedes any prior agreement, including any prior license from SBS, or understanding, whether written or oral, relating to the subject matter of this Agreement. Should you have any questions concerning this license agreement, or if you desire to contact SBS for any reason, please call or BBS at (619) 599-6619, or write: Stupid Bird Software, 232 Las Flores, Unit 1, San Marcos, California 92069