END-USER LICENSE AGREEMENT FOR THE EXOPLEX INTRANET PUBLISHER (0.30) IMPORTANT - READ CAREFULLY: This Exoplex End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Exoplex for the Exoplex Intranet Publisher (0.30) which includes the Exoplex Browser and one or more Exoplex Libraries. The Exoplex Intranet Publisher (0.30) consists of computer software, associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT" or "SOFTWARE"). 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, promptly return the unused SOFTWARE PRODUCT to the place from which you obtained it. ------------------------------------------------------------------------------------------------------------------- SOFTWARE PRODUCT LICENSE The SOFTWARE PRODUCT is protected by copyright laws and international treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, and neither sold nor given away. 1. GRANT OF LICENSE. This EULA grants you the following rights: a. You may use one copy of the Exoplex Browser on a single computer ("SINGLE COMPUTER") for a thirty (30) day evaluation period in order to evaluate the SOFTWARE for subsequent purchase. The Exoplex Browser is in "use" on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer. The Exoplex Browser may not be installed on a network server or any other shared storage device. b. You may create one or more Exoplex Libraries as required to evaluate the SOFTWARE for subsequent purchase. These Exoplex Libraries may be installed on the same computer as the Exoplex Browser or on shared storage devices including network servers that are accessible from the SINGLE COMPUTER. c. You will be considered a registered user of version 0.30 if you have registered any prior version of the SOFTWARE PRODUCT or if you send Exoplex a registration fee of US$39.95. Registered users may continue to use the SOFTWARE PRODUCT on the SINGLE COMPUTER after the thirty (30) day evaluation period. Otherwise, on the completion of the thirty (30) day evaluation period, you must uninstall the Exoplex Browser and destroy all of the Exoplex Libraries created during the evaluation period. Instructions for registering the SOFTWARE PRODUCT are included in the on-line help accessible through the Exoplex Browser (Help/Product Registration or (Alt+H+P)). 2. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Exoplex or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may install the SOFTWARE PRODUCT on a SINGLE COMPUTER provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE PRODUCT. 3. PATENTS. The SOFTWARE PRODUCT is the subject of one or more patent applications. 4. OTHER RIGHTS AND LIMITATIONS a. Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. b. No Separation of Components. The Exoplex Libraries that you create on shared storage devices may be shared with other users of the SOFTARE PRODUCT. Otherwise, the SOFTWARE PRODUCT is licensed as a single product and the software programs comprising the SOFTWARE PRODUCT may not be separated for use by more then one user at a time. c. Software Transfer. You may permanently transfer all of your rights under this EULA only as part of a permanent sale or transfer of the SOFTWARE PRODUCT, provided that you retain no copies, you transfer all components of the SOFTWARE PRODUCT, and the recipient agrees to the terms of this EULA. If the transfer is an upgrade, the transfer must include all prior versions of the SOFTWARE PRODUCT. d. Distribution. Anyone distributing the SOFTWARE PRODUCT for any kind of remuneration must first contact Exoplex at the address below for authorization. This authorization will be automatically granted to distributors recognized by the Association of Shareware Professionals (ASP) as adhering to its guidelines for shareware distributors, and such distributors may begin offering the SOFTWARE PRODUCT immediately (However Exoplex must still be advised so that the distributor can be kept up-to-date with the latest version of the SOFTWARE PRODUCT.). User Groups, Computer Clubs, Disk Vendors and Distributors, Subscription Services, Disk-of-the-Month Clubs, etc., should refer to the VENDOR.TXT file for complete information relating to them. You are encouraged to pass a copy of the SOFTWARE PRODUCT along to your friends for evaluation. Please encourage them to register their copy if they find that they can use it. Exoplex is a small privately held company that depends on registered users to fund and set priorities for its on-going development efforts. e. Contacting Exoplex. If you need to contact Exoplex for any reason, you may do so by sending mail to: Exoplex P.O. Box 847 Artarmon, NSW 2064 (Australia) or by sending email to: support@exoplex.com . f. Termination. Without prejudice to any other rights, Exoplex may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT. ------------------------------------------------------------------------------------------------------------------- LIMITED WARRANTY The SOFTWARE PRODUCT is provided "as is" without warranty of any kind. NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXOPLEX AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE PRODUCT. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EXOPLEX OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF EXOPLEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.