MegaPhone is a registered trademark of The MegaPhone Company. All other trademarks are the property of their respective owners. SOFTWARE LICENSE AGREEMENT and LIMITED WARRANTY By installing the PhonePro software program ("the Software") you agree to be bound by all the terms and conditions of this license agreement. This license is effective until terminated. If you do not accept or agree to these terms you may terminate the license at any time by removing the Software from the computer on which the Software has been installed. This license will be terminated immediately and without notice in the event that you fail to comply with any term or condition hereof. Upon any termination you must destroy the Trial Software and any accompanying written materials and all copies thereof. Sections 3, 4, and 5 of this agreement will survive any termination. Please be aware that this Software may be programmed to cease functioning if appropriate serial numbers are not installed by a certain date, as required by this license, or if the software is copied to a computer other than the one it is license for, or tampered with in any way. 1. License Grant. The MegaPhone Company ("MPC"), grants you ("Licensee"), a non-exclusive, nontransferable license to install and use the Software on a single computer (a) for an evaluation period programmed into the software, (b) for an optional extended evaluation period after obtaining and installing an appropriate trial serial number (if available), and (c) thereafter after purchasing and installing an appropriate set of serial numbers for the software. This License is not a sale of the Software or any copy thereof. MPC retains title and ownership of the Software and all copies, regardless of the form or media on or in which the original or any copy may exist. MPC retains all rights to the Software and accompanying documentation not specifically granted to Licensee. 2. Copyright. The Software and accompanying educational materials ("the Documentation") are packaged as a compressed installer package ("the Installer"). All contents of the Installer are copyrighted. Licensee may not copy, or encourage or allow copying of, the Software or Documentation that have been extracted from the Installer. Licensee may not transfer, convey, rent, sublicense, or otherwise distribute the Installer, the Software, or the Documentation, or any rights therein to any person or entity without express written permission from MPC. Licensee may not modify, reverse-engineer, decompile, create other works from, or disassemble the Software. Similarly, Licensee may not copy, modify, adapt or create other works based upon the Documentation. 3. Limited Warranty and Disclaimer. LICENSEE ACKNOWLEDGES THAT THIS SOFTWARE MAY NOT SATISFY LICENSEE'S REQUIREMENTS OR BE FREE FROM DEFECTS. THIS SOFTWARE IS LICENSED "AS IS." THE MEGAPHONE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SOFTWARE. THE MEGAPHONE COMPANY DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE, AND ITS INTERACTION WITH OTHER EQUIPMENT OR SOFTWARE OWNED OR USED BY LICENSEE, IS ASSUMED BY LICENSEE. THE EXCLUSION OF IMPLIED WARRANTIES IS NOT PERMITTED BY SOME STATES. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 4. Limitation of Liability. IN NO EVENT WILL THE MEGAPHONE COMPANY, AND ITS DIRECTORS, OFFICERS OR AGENTS (COLLECTIVELY THE MEGAPHONE COMPANY) BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF THE MEGAPHONE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. The MegaPhone Company's liability to you for actual damages from any cause whatsoever, and regardless of the form of the action (whether in contract, tort (including negligence), product liability or otherwise), will be limited to the amount of your purchase price. 5. General. This License Agreement constitutes the entire Agreement between you and The MegaPhone Company. If any provision of this Agreement is held invalid, the remainder shall continue in full force and effect. This Agreement is governed by the laws of the State of California, except as to copyrights and trademarks, which are governed by United States laws and international treaties. The Agreement is deemed entered into in Oakland, California. The Agreement shall inure to the benefit of MPC and its successors and assignees. 6. Export Law. The Software may not be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States. 7. U.S. Government Rights. The Software qualifies as commercial computer software for purposes of FAR 52.227-19 and DFARS252.227.7013. Accordingly, if the Software is acquired by a civilian government agency, it is furnished with only the minimum Restricted Rights provided by FAR 52.227-19. If the Software is acquired by a military agency, itis furnished with only the minimum Restricted Rights provided by DFARS 252.227-7013 (c)(1)(ii). The following pertains to any software of Apple Computer, Inc., included with these software package: APPLE COMPUTER, INC. ("APPLE") MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABIL-ITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE APPLE SOFTWARE. APPLE DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APPLE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE APPLE SOFTWARE IS ASSUMED BY YOU. THE EXCLUSION OF IMPLIED WARRANTIES IS NOT PERMITTED BY SOME STATES. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONS, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE APPLE SOFTWARE EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EX-CLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Should you have any questions concerning PhonePro or this Agreement, please write to sales@megaphoneco.com.