SOFTWARE LICENSE AGREEMENT

This SOFTWARE LICENSE AGREEMENT is a legal agreement between you (either an individual or other legal entity) and CursorArts Company. By installing the software and/or using the software, you are agreeing to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not proceed to install or use the software.

1. Grant of License
This license permits you to use the accompanying CursorArts computer software and its supporting materials, documentation, media and files (the "SOFTWARE") for a period not to exceed 30 days from your first use of the SOFTWARE, subject to the following terms and conditions. The SOFTWARE is deemed to be in use when it is installed into that computer system's permanent memory (e.g., on a hard disk or other storage device) or when it is loaded into temporary memory (e.g., RAM).

1.1 YOU MAY:

1. Install and use a single copy of the SOFTWARE on one, single-user computer for the purpose of evaluating the SOFTWARE's features.
2. Transfer the SOFTWARE to another computer system for the purpose of evaluating the SOFTWARE's features.
3. Create a copy of the SOFTWARE on a storage device, such as an internal network server, provided that this copy is only used to install, archive or run the SOFTWARE on your computer over an internal network.
4. Distribute exact copies of the SOFTWARE to others, provided that you only distribute the installation program files for the trial version to others so that they may install and evaluate the entire SOFTWARE, and provided that you make no modifications of or deletions to the installation program files.

1.2 YOU MAY NOT:

1. Use, install, distribute, or copy the SOFTWARE except as expressly permitted under this Software License Agreement.
2. Modify, decompile, disassemble, or otherwise reverse-engineer the SOFTWARE.
3. Sublicense, rent, lease, donate, sell, pledge or transfer on a temporary or permanent basis the original or backup copies of the SOFTWARE or any documentation accompanying the SOFTWARE to any other individual or company.
4. Modify or merge the SOFTWARE for the purpose of including as part of any other product, or create derivative works derived from the SOFTWARE, without the prior written consent of CursorArts Company.
5. Distribute any files or files which the SOFTWARE installs on to your system. However, you are permitted to distribute exact copies of the unaltered installation files for the SOFTWARE.
6. Permit others to use the SOFTWARE in any manner which would violate the terms of this Software License Agreement.

2. Distributable Files
CursorArts Company grants you a royalty-free license to distribute stand-alone program and other files which you generate using the SOFTWARE. The SOFTWARE may install certain files ("Redistributable Files") which CursorArts Company may specifically designate as files which are permitted to be distributed by certain other licensed users in conjunction with their individual creative works that have been generated using the SOFTWARE. You may not distribute any files which are installed by the SOFTWARE onto your system, and in order to distribute any Redistributable Files you must purchase a license for the full version of the SOFTWARE.

3. Copyrights, Trademarks and Patents
CursorArts Company retains all rights, title and interest, including all Intellectual Property Rights, in and to the SOFTWARE and its accompanying documentation. The SOFTWARE and its accompanying documentation and other materials are protected by U.S. and international copyright laws and treaties. IconForge, ImageForge, ActivAuthor, ActivIcons, ActivLibrary, SecurDesk!, FileWrangler and CursorArts are trademarks of CursorArts Company. All other brand and product names mentioned in conjunction with the SOFTWARE are trademarks or registered trademarks of their respective owners. Portions of the SOFTWARE are licensed under U.S. Patent No. 4,558,302 and foreign counterparts.

4. Government Customers
The SOFTWARE is Commercial Computer Software under Federal Government Acquisition Regulations and agency supplements to them. The Software is provided to the Federal Government and its agencies under the Restricted Rights Provisions of the Federal Acquisitions Regulations applicable to commercial computer software developed at private expense and not in the public domain. The Use, Duplication, or Disclosure by the government is subject to restrictions as set forth in the subdivision (c) (1) (ii) of the Rights in Technical or Data and Computer Software clause at DFARS 252.227-7013 (October 1988) and FAR 52.227-19 (c) (June 1987).

5. Limited Warranty
CursorArts Company warrants those original physical diskette(s) or CD-ROM disc which it has manufactured to be free of defects in materials and workmanship for a period of thirty (30) days from the date of receipt. In the event CursorArts Company receives written notice from you of defects in materials and workmanship within the warranty period, CursorArts will replace the defective diskette(s) or CD. Diskettes or CD must be returned to: CursorArts Company, Customer Services, P.O. Box 1349, North Bend, OR 97459. The remedy for breach of this limited warranty shall be limited to replacement of diskettes and shall not include any other damages. CursorArts Company makes no warranty concerning the function or fitness of any programs reproduced on this disk. CursorArts Company specifically disclaims all other warranties, expressed or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.

6. Limitation of Liability
YOU ACKNOWLEDGE THAT THE SOFTWARE'S FUNCTIONALITY AND USE MAY NOT BE UNINTERRUPTED OR ERROR-FREE AND THAT THE SOFTWARE IS NOT INTENDED FOR USE IN ANY NUCLEAR, AVIATION, MASS TRANSIT, PRODUCTION, NAVIGATION, MEDICAL OR OTHER INHERENTLY DANGEROUS APPLICATIONS WHERE A FAILURE OF THE SOFTWARE COULD LEAD TO PERSONAL INJURY, DEATH OR PHYSICAL OR ENVIRONMENTAL DAMAGE. YOU HEREBY ASSUME ALL RESPONSIBILITY FOR TAKING ALL APPROPRIATE TESTING, FAIL-SAFE, REDUNDANCY AND OTHER MEASURES TO ENSURE THE SAFE USE OF ANY SUCH APPLICATIONS IF THE SOFTWARE IS USED FOR SUCH PURPOSES, AND CURSORARTS COMPANY DISCLAIMS ALL LIABILITY FOR ANY DAMAGES CAUSED BY SUCH USES OF THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CURSORARTS COMPANY OR ITS AUTHORIZED AGENTS BE HELD LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR OTHER SIMILAR DAMAGES OR CLAIMS WHATSOEVER, INCLUDING LOSS OF PROFITS OR ANY OTHER COMMERCIAL DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVIDING OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR ANY PROVISION OF THIS SOFTWARE LICENSE AGREEMENT, EVEN IF CURSORARTS COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THOSE JURISDICTIONS WHERE LEGALLY, LIABILITY CANNOT BE EXCLUDED, BUT MAY BE LIMITED, ANY LIABILITY OF CURSORARTS COMPANY OR ITS AUTHORIZED AGENTS SHALL BE LIMITED TO THE SUM OF FIFTY DOLLARS ($50 USD) IN TOTAL. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES AND JURISDICTIONS, THE LIABILITY CURSORARTS COMPANY OR ITS AUTHORIZED AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL ANY LIABILITY OF CURSORARTS COMPANY OR ITS AUTHORIZED AGENTS FOR DAMAGES TO YOU OR ANY OTHER PERSON EVER EXCEED THE PRICE PAID FOR YOUR LICENSE TO USE THE SOFTWARE, REGARDLESS OF ANY FORM OF SUCH CLAIM. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS SOFTWARE LICENSE AGREEMENT.

7. General Provisions
This Software License Agreement represents the entire agreement and understanding between you and CursorArts Company with respect to the subject matter hereof, and supersedes all prior written and oral understandings of the parties with respect to the subject matter hereof. This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon without regard to or application of conflicts of law rules or principles and you expressly agree that exclusive jurisdiction and venue for any claim or dispute with CursorArts Company or relating in any way to your use of the SOFTWARE resides in the federal or state courts of Oregon and you further agree and expressly consent to the exercise of personal jurisdiction in the federal or state courts of Oregon in connection with any such dispute or claim. This Agreement shall not be governed by the conflict of law rules of any jurisdiction or by the United Nations Convention on Contracts for the International Sale of Goods or any legislation implementing such Convention, the application of which is expressly excluded. This Software License Agreement has been set forth in the English language, which language shall be controlling. Overviews of this Agreement may be made from time to time in other languages by others for purposes of reference, however any version of this Software License Agreement in any other language shall not be binding nor convey any license for use of the SOFTWARE, and in any dispute regarding the interpretation of the provisions of this Software License Agreement this English language version shall prevail as binding. In the event that you choose to update or upgrade the SOFTWARE, CursorArts Company may choose to revise the terms of this Software License Agreement in order to reflect new functions or capabilities incorporated into any such updated or upgraded version of the SOFTWARE and you agree to be bound by the terms of any such revised Software License Agreement delivered with the updated or upgraded version of the SOFTWARE. CursorArts Company is not obligated under this Agreement to provide you with support for or to make available to you any updated, upgraded or fixed versions of the SOFTWARE. Any waiver by CursorArts Company with regard to any violation of this Agreement by you shall not constitute, nor contribute to, a waiver of any other or future violation of the same or other provision of this Agreement. The SOFTWARE and its related documentation may not be exported or re-exported in violation of the United States Export Administration Act and its implementing regulations. If, for any reason, any provision of this Agreement is declared invalid or otherwise unenforceable, such invalidity or unenforceability shall not affect the remainder of this Agreement, and the other provisions of this Agreement shall continue in full force and effect.