Cybernet Systems Corporation
NetMAX Server Software License Agreement

Before you use this software, carefully read the terms and conditions of this License Agreement. By using this software, you are consenting to be bound by and are becoming a party to this License Agreement. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE AGREEMENT, REMOVE THE CD FROM YOUR COMPUTER AND DESTROY OR ERASE ALL THE SOFTWARE AND MATERIALS.

1. Cybernet Systems Corporation ("Cybernet") grants to you a non-exclusive, non-sublicensable, license to use this version of the NetMAX Server Software (the "Software").

2. You may install the NetMAX Software on the number of servers allowed by your License Number (normally, one unless you have purchased a multi-server License Number), provided such use is limited to the permitted uses in this License. Except as expressly permitted in this License, you may not make any use of the software which would violate Cybernet's rights under copyright law including but not limited to incorporating this Software into another software, into an operating system, or into firmware (firmware is defined as embedded software
incorporated into a hardware device), and you may not decompile, reverse engineer, disassemble, decrypt, modify, rent, lease, loan, sublicense, transmit over a network or from one computer to another, or distribute or create derivative works based upon the NetMAX Software in whole or in part. Your rights under this License will terminate automatically without notice from Cybernet if you fail to comply with any term(s) of this License.

3. This Software may use technological measures for copy protection. IN SUCH EVENT, YOU WILL NOT BE ABLE TO USE THE SOFTWARE IF YOU DO NOT FULLY COMPLY WITH THE PRODUCT REGISTRATION PROCEDURES. Complete product registration procedures and terms will be detailed when you initiate your registration.

4. CYBERNET MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THIS SOFTWARE OR ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY THE SOFTWARE, FOR ANY PURPOSE. THE SOFTWARE IS PROVIDED 'AS IS' WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL CYBERNET BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. CYBERNET DOES NOT GUARANTEE TO SUPPORT THIS SOFTWARE AND IS NOT BOUND TO ISSUE UPDATES TO THIS SOFTWARE.

5. While Cybernet intends to distribute subsequent releases of this Software, Cybernet reserves the right at any time not to release a new commercial release of the Software or, if released, to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the commercial release.

6. Title, ownership rights, and intellectual property rights in and to the Software shall remain in Cybernet and/or its suppliers. You agree to abide by the patent and copyright law and all other applicable laws of the United States including, but not limited to, export control laws. You acknowledge that the Software in source code form remains a confidential trade secret of Cybernet and/or its suppliers and therefore you agree not to modify the Software or attempt to decipher, decompile, disassemble or reverse engineer the Software, except to the extent applicable laws specifically prohibit such restriction.

7. Cybernet may terminate this License at any time by delivering notice to you and you may terminate this License at any time by destroying or erasing all copies of the Software in your possession or control. Upon termination of this License by Cybernet, you agree to destroy or erase all copies of the Software. In the event of termination, the following sections of this License will survive: 4, 5, 6, 7, 8, and 9. This License is personal to you and you agree not to assign your rights herein. This License shall be governed by and construed in accordance with the laws of the State of Michigan and, as to matters affecting copyrights, trademarks and patents, by US Federal law. This License sets forth the entire agreement between you and Cybernet.

8. Use, duplication or disclosure by the Government is subject to 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, and in similar clauses in the NASA AR Supplement. Contractor/manufacturer is Cybernet Systems Corporation, 727 Airport Boulevard, Ann Arbor, Michigan 48108, USA.

9. You may not transfer or otherwise export or re-export the Software or any underlying information or technology or any direct product thereof except in full compliance with all U.S. and other applicable laws and regulations. In particular, but without limitation, none of the Software or underlying information or technology may be transferred or otherwise exported or re-exported without U.S. Government permission to anyone on the US Treasury Department's list of Specially Designated Nationals or the US Commerce Department's Denied Parties List or Entity List, or to Afghanistan, Cuba, Iran, Iraq, Libya, North Korea, Sudan,
Syria, Yugoslavia (Serbia only), as the same list of U.S. embargoed countries may be revised from time to time, or for use with chemical or biological weapons, sensitive nuclear end-uses, or missiles to deliver them, or as otherwise prohibited by U.S. export control laws. Certain Software with encryption functions may be subject to additional restrictions. You are solely responsible for compliance with any import or use restrictions in your country. By using the Software, you are
agreeing to the foregoing and you are representing and warranting that you are not located in, under control of, or a national or resident of any such country or on any such list.

10. CYBERNET OR ITS SUPPLIERS SHALL NOT BE LIABLE FOR (a) INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES OF ANY SORT, WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE, EVEN IF CYBERNET HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR (b) FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

In no event shall Cybernet's total liability to you for all damages, losses, and causes of action (whether in contract, tort, including negligence, or otherwise) exceed $1 US Dollar.

Copyright Cybernet Systems Corporation. All rights reserved. NetMAX, NetMAX Server, the NetMAX logos including the robotic happy face "Max", "Internet Appliance Software", "NetMAX Professional Suite", "FireWall ProSuite", "VPN Server Suite", and "Simplifying Linux Servers" are trademarks of Cybernet Systems Corporation. Cybernet is a registered trademark of Cybernet Systems Corporation. This product includes software developed by the University of California, Berkeley and its contributors, software developed by the Apache Group for use in the Apache HTTP server project and other contributors. Linux is a registered trademark of Linus Torvalds. Red Hat is a registered trademark of Red Hat, Inc. All other company and product names are trademarks or registered trademarks of their respective owners.