FREE USE LICENSE PARASTREAM WALLGEN 1.1 PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOU AGREE THAT ALL OF THE TERMS AND CONDITIONS BELOW APPLY TO YOU AND ANYONE ELSE WHO USES THIS SOFTWARE, IF EITHER: * YOU CLICK THE "ACCEPT" BUTTON, OR * YOU COPY, INSTALL, OR USE THIS COPY OF WALLGEN SOFTWARE, OR * YOU PERMIT OR ENABLE OTHERS TO COPY, INSTALL OR USE THIS WALLGEN SOFTWARE. IF YOU DO NOT AGREE, PLEASE REMOVE THIS SOFTWARE IMMEDIATELY AND DO NOT USE THIS SOFTWARE. Parastream Technologies, Inc., a Georgia corporation whose address is P.O. Box 2410, Duluth, Georgia 30096-0042, USA ("Parastream Technologies") hereby grants to you a non-exclusive license ("License") to use the software product identified above ("Software") and the accompanying printed materials and User Manual ("Documentation") under the terms and consitions set forth below. 1. SOFTWARE COVERED BY THIS LICENSE This license agreement ("Agreement") applies only to the demo version of the WallGen software package ("WallGen") with which this Agreement is included. License terms and conditions for other Parastream Technologies software and/or subsequent versions of the Software may differ from this agreement. 2. FREE USE LICENSE (a) Original Distribution Package Necessary. In order to qualify for the free use license described below, you must have downloaded or received WallGen in the form of an original WallGen distribution package as distributed by Parastream Technologies, including all files contained in such package ("Original Distribution Package"). Current Original Distribution Packages for WallGen are available from Parastream Technologies. Copies of WallGen not received in the form of an Original Distribution Package are not licensed for use, copying or transmission by you or others. (b) You may, free of charge: * install and use WallGen free of charge, for the purpose of creating, changing, storing, and displaying desktop background images (wallpaper) on any number of computers. * copy, store, distribute and transmit, free of charge, identical copies of this Original Distribution Package of WallGen to others, as long as it is deemed current by Parastream Technologies, Inc. (c) You may not: * permit others to use this WallGen program unless they are properly licensed by Parastream Technologies, either under this Agreement or another agreement from Parastream Technologies, Inc. * modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, this WallGen program. * copy WallGen except as described above. * sell or license copies of WallGen to others. * remove any proprietary notices or labels on WallGen or any other Parastream Technologies software. * use WallGen in or for High Risk Activities (defined below) (d) All rights not expressly granted by Parastream Technologies in this Agreement are entirely and exclusively reserved to Parastream Technologies, Inc. 3. SUPPORT WallGen contains an online help file. Hard-copy documentation, telephone assistance and other support are not available under this free license. 4. DISCLAIMER OF WARRANTY PARASTREAM TECHNOLOGIES DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAD FULL OPPORTUNITY TO TEST WALLGEN BEFORE ANY LIVE, PUBLIC OR PRODUCTION USE, THAT YOU ASSUME FULL RESPONSIBILITY FOR SELECTING AND USING WALLGEN, AND THAT IF YOU USE WALLGEN YOU MAY CAUSE DAMAGE TO YOUR FILES, SOFTWARE, DATA OR BUSINESS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF WALLGEN IS BORNE BY YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary by jurisdiction. 5. LIMITATION OF LIABILITY IN NO EVENT SHALL PARASTREAM TECHNOLOGIES, OR ITS MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF WALLGEN, OR YOUR RELATIONSHIP WITH PARASTREAM TECHNOLOGIES, INC. Some jurisdictions do not allow exclusion or limitation of liability for incidental or consequential damages, therefore the above limitation may not apply to you. 6. RESTRICTED RIGHTS LEGEND Use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, as applicable, and in similar clauses in the NASA FAR Supplement. 7. TITLE Parastream Technologies or its licensors own the WallGen software, all other materials in this WallGen Original Distribution Package, and the names and marks "Parastream Technologies" and "WallGen", under the copyright, trademark, and trade secret laws and all other laws that may apply. 8. TERMINATION The license will terminate automatically if you fail to comply with any of the limitations, conditions or obligations described herein. On termination, you must destroy all copies of the WallGen software and all other materials in this WallGen Original Distribution Package. 9. HIGH RISK ACTIVITIES WallGen is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of WallGen could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Parastream Technologies and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. 10. GENERAL This Agreement constitutes the entire Agreement between the parties with respect to the subject matter herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between you and Parastream Technologies, Inc. Waiver by Parastream Technologies of any violation of any provision of this Agreement shall not be deemed to waive any further or future violation of the same or any other provision. This Agreement and any dispute relating to WallGen or to this Agreement shall be governed by the laws of the United States and the laws of the State of Georgia, without regard to U.S. or Georgia choice of law rules. You agree and consent that jurisdiction and proper venue for all claims, actions and proceedings of any kind relating to Parastream Technologies or the matters in this Agreement shall be exclusively in courts located in Georgia. If any part or provision of this Agreement is held to be unenforceable for any purpose, including but not limited to public policy grounds, then you agree that the remainder of the Agreement shall be fully enforceable as if the unenforceable part or provision never existed. There are no third party beneficiaries of any promises, obligations or representations made by Parastream Technologies herein.