END-USER LICENSE AGREEMENT (EULA) FOR CHILI!SOFT SOFTWARE IMPORTANT - READ CAREFULLY This Chili!Soft End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Chili!Soft, Inc. for the Chili!Soft software product accompanying this EULA, which includes computer software and associated media, printed materials (if any), and may include "on-line" or electronic documentation ("SOFTWARE PRODUCT"). 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 Agreement, do not install or use the SOFTWARE PRODUCT; return it to your place of purchase. SOFTWARE PRODUCT LICENSE The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. 1. GRANT OF LICENSE. This EULA grants you the following rights: *Software. You may use and install a copy of the SOFTWARE PRODUCT on a single server computer. You are entitled to have the number of computers or workstations access and otherwise utilize the services of the SOFTWARE PRODUCT running on a computer server based on the number of servers and CPUs you have licensed. *Backup Copies. You may make one backup copy of the SOFTWARE PRODUCT solely for the computer server on which you have installed the SOFTWARE PRODUCT. *All rights not expressly granted are reserved by Chili!Soft. 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. *Developer License. If the license file installed with the SOFTWARE PRODUCT is designated as a Developer Edition License, the use of the SOFTWARE PRODUCT in a production environment is a violation of this agreement. *Storage/Network Use. You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT on your other computers over an internal network; however, you must acquire and dedicate a license for each CPU on which the SOFTWARE PRODUCT is installed or run from the storage device. A license for the SOFTWARE PRODUCT may not be shared or used concurrently on different computers or CPUs. *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. *Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer or more than one CPU. *Rental. You may not rent or lease the SOFTWARE PRODUCT. If you are an ISP, web hosting provider, or other entity that wishes to sub- license and/or rent this Software to your customers for their use, the Chili!Soft ISP License Agreement must be signed and will take precedence over this EULA. *Software Transfer. You may not transfer your rights under this EULA to any third party. *Termination. Without prejudice to any other rights, Chili!Soft 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 in your possession and all of its component parts. *Compliance. You agree to comply fully with all applicable laws and regulations in your dealings with the SOFTWARE PRODUCT or its component parts. 3. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT, the accompanied printed materials, and any copies of the SOFTWARE PRODUCT are owned by Chili!Soft 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. 4. EXPORT RESTRICTIONS. You agree that you will not export or re-export the SOFTWARE PRODUCT to any country, person, entity or end user subject to U.S.A. export restrictions. You warrant and represent that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges. 5. NO WARRANTY. ANY USE OF THE SOFTWARE PRODUCT IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHILI!SOFT AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. 6. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHILI!SOFT 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 CHILI!SOFT 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. 7. U.S. GOVERNMENT RESTRICTED RIGHTS. The Software and Documentation have been developed entirely at private expense. They are delivered and licensed as "commercial computer software" as defined in DFARS 252.227-7013 (Oct 1988), DFARS 252.211-7015 (May 1991) or DFARS 252.227-7014 (Jun 1995), as a "commercial item" as defined in FAR 2.101(a), or as "Restricted computer software" as defined in FAR 52.227-19 (Jun 1987) (or any equivalent agency regulation or contract clause), whichever is applicable. You have only those rights provided for such Software and Documentation by the applicable FAR or DFARS clause. 8. MISCELLANEOUS. If you acquired this product in the United States, this EULA is governed by the laws of the State of Washington. If this product was acquired outside the United States, then local laws may apply. Should you have any questions concerning this EULA, or if you desire to contact Chili!Soft for any reason, please write Chili!Soft: Chili!Soft Sales Information Center 13920 SE Eastgate Way, Suite 120, Bellevue, WA 98005.