GENERAL SOFTWARE, INC. EVALUATION LICENSE AGREEMENT FOR BINARY BIOS SAMPLES IMPORTANT--PLEASE READ THIS AGREEMENT CAREFULLY. YOUR USE OF THE BINARY BIOS SAMPLES AND ANY RELATED UPDATES, DOCUMENTATION OR OTHER ITEMS FURNISHED BY GENERAL SOFTWARE, INC. (THE "SOFTWARE") IS CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. AS USED IN THIS AGREEMENT, "YOU" OR "YOUR" REFERS TO THE INDIVIDUAL OR ENTITY WHO REGISTERS WITH AND OBTAINS THE SOFTWARE FROM GENERAL SOFTWARE, INC. ("GENERAL") OR ITS LICENSEES OR DISTRIBUTORS. 1. Limited License. General hereby grants to You a nonexclusive, nontransferable license during the Term (as defined below) to install and use the Software on computers you own or lease for the sole purpose of internal evaluation and testing and not in any commercial or production applications or devices. 2. License Restrictions and Ownership. General reserves all rights in and to the Software not expressly granted to You above. No title to or ownership of the Software or any proprietary rights related to the Software are transferred to You under this Agreement. Without limiting the foregoing, You will: (a) not use the Software for any purpose or in any manner other than that expressly set forth above; (b) not distribute, lend, license, rent or otherwise transfer the Software; (c) not reverse engineer, disassemble or decompile the Software or otherwise attempt to discover, analyze or recreate the source code to the Software; (d) comply with all applicable laws, rules, regulations, order and other requirements, including U.S. export control laws, in Your use of the Software; (e) not make any modification, adaptation, improvement, enhancement, translation or derivative work of or to the Software; and (f) not remove, alter or obscure any proprietary notices (including copyright notices) of General or its suppliers in the Software. 3. Feedback and Publicity. Any comments or materials You send or communicate to General via any medium including, without limitation, feedback data such as questions, comments, suggestions or the like regarding the Software or any other products or programs of General (collectively "Feedback") will be deemed to be non-confidential. General will have no obligation of any kind with respect to such Feedback and will be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, General will be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback. 4. Term and Termination. The Term of this Agreement will commence upon installation of the Software and will continue until the expiration of five (5) calendar days after General gives You written notice of termination of the Term. Upon termination or expiration of the Term, You will immediately discontinue use of the Software and destroy all originals and copies of the Software in Your possession, unless otherwise agreed to in writing by General. Sections 2, 3, 5, 6, 7, 8, 11 and 13 will survive any termination of the Term. 5. No Warranty; Disclaimer. The Software is provided to You under this Agreement free of charge and solely as an accommodation to You. YOU ACCEPT THE SOFTWARE "AS IS" AND "WITH ALL FAULTS, DEFECTS AND ERRORS." GENERAL WILL HAVE NO LIABILITY FOR ANY ERROR, OMISSION OR DEFECT IN THE SOFTWARE, ANY INABILITY TO USE THE SOFTWARE OR ANY LOSS OF DATA. GENERAL MAKES NO WARRANTY, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, REGARDING THE SOFTWARE, ITS PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, INCLUDING, WITHOUT LIMITATION, NO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NONINFRINGEMENT. 6. Limitation of Damages. GENERAL WILL HAVE NO LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE OR OTHERWISE) FOR ANY DAMAGES SUSTAINED BY YOU ARISING FROM USE OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS OF DATA, SAVINGS OR PROFITS, EVEN IF GENERAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL GENERAL'S ENTIRE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED TWENTY-FIVE DOLLARS ($25.00). 7. Indemnity. You will defend, indemnify and hold harmless General, its parents, subsidiaries, affiliates, agents, officers, directors and employees, from and against any claim, demand, liability, damages and expenses, including reasonable attorneys' fees and costs, (a) for Your breach of this Agreement; or (b) arising out of any activity conducted through Your use of the Software. 8. Assignment. You will not assign (whether voluntarily, involuntarily, by operation of law or otherwise) this Agreement, the license granted hereunder, or any of Your other rights under this Agreement without the prior written consent of General. Subject to the foregoing restriction on assignments by You, this Agreement will be fully binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. 9. Nonwaiver. Any failure by General to insist upon or enforce strict performance by You of any of the provisions of this Agreement or to exercise any of General's rights or remedies under this Agreement or otherwise by law will not be construed as a waiver or relinquishment to any extent of General's right to assert or rely upon any such provision, right, or remedy in that or any other instance; rather, the same will be and remain in full force and effect. 10. Severability. If any provision of this Agreement is held by a court to be illegal, invalid, or unenforceable, the rest of this Agreement will be legal, valid, and enforceable to the fullest extent possible. 11. Applicable Law. This Agreement will be interpreted, construed and enforced in all respects in accordance with the laws of the State of Washington, without reference to its choice of law principles to the contrary. The 1980 UN Convention on Contracts for the International Sale of Goods or any successor thereto does not apply to this Agreement. You will not commence or prosecute any action, suit, proceeding or claim arising under or by reason of this Agreement other than in the state or federal courts located in King County, Washington. You irrevocably consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. 12. U.S. Government Rights. If acquired by an agency of the United States government, such agency acknowledges that (a) the Software constitutes "commercial computer software" or "commercial computer software documentation" for purposes of 48 CFR 12.212 and 48 CFR 227.7202?3, as applicable, and (b) such agency's rights are limited to those specifically granted to the licensee pursuant to this agreement. The contractor/manufacturer is General Software, Inc., located at 11000 N.E. 33rd Place, Suite 102, Bellevue, Washington 98004-1460. 13. Entire Agreement. This Agreement sets forth the entire agreement, and supersedes any and all prior agreements and oral or written communications or understandings, of the parties regarding the Software. -Evaluation License Agreement for Binary BIOS Samples dated October 4, 2001-