INFORMATION SYSTEMS TECHNOLOGIES - END USER LICENSE AGREEMENT NOTICE TO END USER: READ THE FOLLOWING LEGAL AGREEMENT CAREFULLY. USE OF THE SOFTWARE PROVIDED WITH THIS AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE WITH THE TERMS OF THE AGREEMENT PROMPTLY RETURN THE SOFTWARE AND THE ACCOMPANYING MATERIALS TO THE LOCATION WHERE YOU OBTAINED THEM FOR A FULL REFUND. 1. LICENSE GRANT. Information Systems Technologies grants to you the right to use (execute) the SOFTWARE on the specific computer (HOSTID or serial number or Network) the SOFTWARE license was purchased for. 2. PROPRIETARY RIGHTS. You acknowledge the SOFTWARE and other materials are proprietary to Information Systems Technologies and thereby agree to hold the SOFTWARE and materials in confidence disclosing only to authorized employees having the need to use the SOFTWARE and materials. You agree to take all reasonable precautions to prevent disclosure to other parties. 3. OTHER COPIES. You have the right to copy the SOFTWARE for "BACKUP" purposes only. 4. OWNERSHIP. Except as stated above, this Agreement does not grant you any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered) or any other rights, franchises or licenses in respect of the SOFTWARE and MATERIALS. You will not adapt or use any trademark or trade name which is likely to be similar to or confusing with that of Information Systems Technologies or take any action which impairs or reduces the trademark rights of Information Systems Technologies or its suppliers. 5. OTHER RESTRICTIONS. This agreement is your proof of license to use the SOFTWARE and MATERIALS and must be retained by you. You may not rent or lease the SOFTWARE but you may assign all your rights title and interest to the SOFTWARE under this ` Agreement on a permanent basis to an assignee, provided you transfer all copies of the SOFTWARE, MATERIALS and this Agreement to the Assignee and the Assignee agrees to be bound by all the terms and conditions of this agreement. 6. LIMITED WARRANTY. Information Systems Technologies warrants the SOFTWARE will perform substantially in accordance with the accompanying written MATERIALS and the media (tapes or diskettes) is free from any physical defects for ninety (90) days from the date of purchase. Any other implied warranties on the SOFTWARE, printed MATERIALS or media are limited to ninety (90) days. 7. CUSTOMER REMEDIES. Information SystemsTechnologies entire liability and your sole and exclusive remedy shall be, at Information Systems Technologie's option, either to (a) correct the error, (b) help the end user work around or avoid the error or (c) authorize a refund, so long as the SOFTWARE, printed materials and media are returned to Information Systems Technologies with a copy of your receipt. This limited warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period. 8. NO OTHER WARRANTIES. INFORMATION SYSTEMS TECHNOLOGIES DOES NOT WARRANT THAT THE SOFTWARE AND MATERIALS ARE ERROR FREE. INFORMATION SYSTEMS TECHNOLOGIES DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE AND WRITTEN MATERIALS AND MEDIA. 9. EXPORT. You acknowledge that the laws and regulations of the United States restrict the export and re-export of commodities and technical data of United States origin, including the SOFTWARE and MATERIALs in any form. You agree that you will not export or re-export the SOFTWARE, MATERIALS and media in any form without the appropriate United States and foreign government licenses. You agree that its obligations persuant to this section shall survive and continue after any termination or expiration of rights under this agreement. 10. SEVERABILITY. In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. 11. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL INFORMATION SYSTEMS TECHNOLOGIES BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE SOFTWARE OR MATERIALS, EVEN IF INFORMATION SYSTEMS TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL INFORMATION SYSTEMS TECHNOLOGIE'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU. 12. FORFEITURE OF LICENSE. Attempts to modify, unassemble or otherwise misuse the SOFTWARE or the LICENSE information will immediately invalidate section 1 (LICENSE GRANT) of this agreement. 13. ENTIRE AGREEMENT. This is the entire agreement between you and Information Systems Technologies and supersedes any prior agreement whether written or oral relating to the subject matter of this Agreement. This Agreement is governed by the laws of the State of Washington. Should you have any questions concerning this Agreement, please write or call: Information Systems Technologies 13621 S.E. 19th St. Bellevue, WA 98005 (425) 644-7441.