Prospero Systems Research, Inc. BETA License Agreement CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY USING THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE. 1. Prospero Systems Research, Inc. ("Prospero") grants to you a limited, non-exclusive, non-sublicensable, non-transferable license to use this Beta version of the GlobalChat Internet chat application (the "Software"), in binary executable form for evaluation and trial use purposes only. 2. PROSPERO MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THIS SOFTWARE OR ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY THE SOFTWARE, FOR ANY PURPOSE. THE SOFTWARE IS PROVIDED 'AS IS' WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. 3. All content accessed through the Software is the property of the applicable content owner and may be protected by applicable copyright law. This License gives you no rights to such content. 4. THE SOFTWARE IS PROVIDED WITHOUT CHARGE. ACCORDINGLY, PROSPERO SHALL NOT BE LIABLE FOR ANY DAMAGES AT ALL, INCLUDING, BUT NOT LIMITED TO, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR ANY OTHER DAMAGES UNDER ANY CONTRACT, TORT, OR OTHER THEORY ARISIG OUT OF OR RELATING TO THE USE OF THE SOFTWARE OR THIS AGREEMENT. 5. While Prospero intends to distribute a commercial release of the Software, Prospero reserves the right at any time not to release a commercial release of the Software or, if released, to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the commercial release. 6. Title, ownership rights, and intellectual property rights in and to the Software shall remain in Prospero and/or its suppliers. You agree to abide by the copyright law and all other applicable laws of the United States including, but not limited to, export control laws. You acknowledge that the Software in source code form remains a confidential trade secret of Prospero and/or its suppliers and therefore you agree not to modify the Software or attempt to decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive source code from the Software, except to the extent applicable laws specifically prohibit such restriction. 7. Prospero may terminate this License at any time by delivering notice to you and you may terminate this License at any time by destroying or erasing your copy of the Software. Upon termination of this License, or in any event within thirty (30) days following Prospero's release of a commercial version of the Software, you agree to destroy or erase the Software. In the event of termination, the following sections of this License will survive: 2, 3, 4, 5, 6, 7, 8, 9 and 10. This License is personal to you and you agree not to assign your rights herein. This License shall be governed by and construed in accordance with the laws of the State of California and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law. This License sets forth the entire agreement between you and Prospero. 8. U.S. GOVERNMENT RESTRICTED RIGHTS. The software and documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFAR 252.227-7013, Rights and Technical Data in Computer Software (October 1988); in subparagraphs (c) (1) and (2) of FAR 52.227-19, Commercial Computer Software - Restricted Rights (June 1987), or FAR 52.227-14, Rights in General Data Alternative III (June 1987), as applicable. [Prospero reserves all rights under applicable international laws regarding use of software by governments]* Contractor/Manufacturer is Prospero Systems Research, Inc., 520 Frederick St. #19, San Francisco, California 94117 9. You may not download or otherwise export or reexport the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. In particular, but without limitation, none of the Software or underlying information or technology may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Haiti, Iraq, Libya, Yugoslavia, North Korea, Iran, or Syria or (ii) to anyone on the US Treasury Department's list of Specially Designated Nationals or the US Commerce Department's Table of Deny Orders. By downloading the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under control of, or a national or resident of any such country or on any such list. 10. This agreement shall be governed by the laws of the State of California as applied to contracts entered into and performed entirely within California by residents of that state. Each party to this agreement submits to the exclusive jurisdiction of the state and federal courts located in San Francisco, California, USA.