FASTCAM STANDARD LICENSE AGREEMENT - IMPORTANT - PLEASE READ CAREFULLY CAREFULLY READ ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. INSTALING THE DISK OR DISKS INDICATES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS SHOWN BELOW. IF YOU DO NOT AGREE WITH THE TERMS OF THE LICENSE AGREEMENT, YOU SHOULD PROMPTLY RETURN THE DISKS, AND YOUR MONEY WILL BE REFUNDED. This is a license agreement and not an agreement for sale. FAGAN MICROPROCESSOR SYSTEMS PTY. LTD (FMS) hereby licenses this software to you (the "BUYER" or "USER") under the terms and conditions stated. FMS grants you the right to use one copy of the enclosed FASTCAM software programs (the "SOFTWARE") on a single computer (i.e. with a single CPU). BUYER may not network the SOFTWARE. To use the software on more than one computer or computer terminal at the same time, the BUYER must purchase additional licenses. The BUYER has a license to use the SOFTWARE during the term of BUYER'S agreement revocable if BUYER violates this agreement in any respect. If a court should determine that this transaction was a sale of the software rather than a license to use it, it is the party's intention that the remaining terms and conditions below be construed as conditions of the sale. THE STANDARD USE LICENSE AGREEMENT WILL APPLY TO YOU UNLESS A NEW AGREEMENT IS ISSUED WITH YOUR SITE LICENSE (in which case the Site License applies to you). THE STANDARD-USE LICENSE AGREEMENT applies to ALL REASONABLE USERS of the SOFTWARE DEFINED AS the making of a single back-up copy of the SOFTWARE for archival purposes for use with a single-user computer or workstation not attached to a network, the SOFTWARE is considered "in-use" when any portion of the SOFTWARE is either loaded in memory or virtual memory (loaded) or stored on a hard disk or other storage device (stored); you may make an archival copy of the SOFTWARE for each license obtained under this agreement. Any and all uses of the SOFTWARE other than the defined REASONABLE USES constitute UNREASONABLE USES which are strictly prohibited. The user specifically agrees to NOT use, store, or transfer the software to any location beyond the single host computer for which it is licensed, store the SOFTWARE at a host location available for either retrieval or access by a network; store or move the SOFTWARE into a retrievable unit for access or resale to others such as by CDROM or otherwise; to reproduce, copy, or republish any documents generated by the SOFTWARE as a product separate, apart, or distinct from the entire underlying text including foundational data; copy, reproduce and / or store the SOFTWARE for a purpose other than the reasonable use as defined; permit access to the SOFTWARE by others for use, copy, reproduction, or otherwise where said persons are not licensees pursuant to this agreement; rent access to the SOFTWARE to others; create a product in competition to the SOFTWARE; alter the FASTCAM software, reverse engineer the trade secrets and proprietary information; de-compile, disassembly, reverse engineer, copy, create a derivative work, or otherwise use the FASTCAM software product except as stated in this agreement. The user acknowledges that the above-identified UNREASONABLE USES are illustrative and are not exhaustive in scope or duration and any and all uses of the SOFTWARE outside of the defined REASONABLE USE are prohibited. This license is effective until terminated by you by destroying the software diskettes and back-up copy. It will terminate automatically if you fail to comply with the terms of this license agreement, and on any such termination you will destroy the software diskettes and all back-up copies. The SOFTWARE is owned by FMS and is protected by Australian Copyright Laws and International Treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g. a book or musical recording) except that you may either (a) make one copy of the SOFTWARE solely for backup or archival purposes, or (b) transfer the software to a single-shared disk provided you keep the original solely for backup or archival purposes. You may not copy the written materials accompanying this software. LIMITED WARRANTY FMS warrants that the SOFTWARE will substantially conform to published specifications and to the documentation, provided that it is used on the computer hardware with the operating system for which it was designed. FMS also warrants that the magnetic media on which the SOFTWARE is distributed and the documentation are free from defects in materials and workmanship. FMS will replace defective media or documentation or correct substantial software errors at no charge, provided you return the item with dated proof of payment to FMS within Sixty (60) days of the date of delivery. If FMS is unable to replace defective materials defective media or documentation or correct substantial software errors, FMS will refund the license fee. These are your sole remedies for any breach of warranty. EXCEPT AS SPECIFICALLY PROVIDED ABOVE, FMS MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE OR DOCUMENTATION, INCLUDING THE QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Because software is inherently complex and may not be completely free of errors, you are advised to verify your work. IN NO EVENT WILL FMS BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, even if advised of the possibility of such damages. In no case shall FMS' liability exceed the amount of the license fee. THE WARRANTY AND REMEDY SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED. No FMS dealer, distributor, agent or employee is authorised to make any modification or addition to this warranty. APPLICABLE LAW This document is the parties' entire agreement. No representative of FMS other than a corporate officer is authorised to alter its terms and any officer may only do so in writing. In case of any dispute, this agreement shall be governed by the Laws in the State of Victoria, Australia as they apply from time to time. Negotiation for Site License or Expanded Agreements for use other than REASONABLE USES may be available. Please call FMS in the MELBOURNE, AUSTRALIA office on :- Telephone 61 3 9699-9899 Fax 61 3 9699-7501 or FastCAM in the CHICAGO, AMERICA office on :- Telephone 312 715 1535 Fax 312 715 1536 with any queries on license agreements.