LICENSE AGREEMENT FOR YOU DON'T KNOW JACK THE NETSHOW IMPORTANT: The You Don't Know Jack the netshow software and the related documentation on the You Don't Know Jack the netshow Website (collectively, "You Don't Know Jack the netshow") are protected by United States copyright and other applicable laws, and international treaty provisions. Your right to download, install and use You Don't Know Jack the netshow is limited by the terms and conditions of the scrollable License Agreement below, and is expressly conditioned upon your reading, understanding, and agreeing to the License Agreement below IN ITS ENTIRETY before downloading. At the end of the License Agreement, you will be asked to accept or reject the license terms. If you do not accept the terms of the License Agreement, you are not an authorized user of You Don't Know Jack the netshow, and it is your responsibility to remove You Don't Know Jack the netshow from your system immediately. LICENSE AGREEMENT This License Agreement ("Agreement") for You Don't Know Jack the netshow software and the related documentation on the You Don't Know Jack the netshow Website ("You Don't Know Jack the netshow") is your proof of your license to download, install and use You Don't Know Jack the netshow. An electronic copy of this Agreement will also be provided to you upon installation of You Don't Know Jack the netshow. 1. GRANT AND TERM OF LICENSE. Subject to your compliance with the terms of this Agreement, Berkeley Systems Inc. ("Berkeley Systems") grants to you a personal, nonexclusive, nontransferable and royalty-free license to download, install and use You Don't Know Jack the netshow solely for your lawful personal use. You Don't Know Jack the netshow may be installed and used only on (a) a computer controlled by you or (b) a network server which allows only you and other persons who have agreed to the terms and conditions of this Agreement to access You Don't Know Jack the netshow. This Agreement and the license granted hereunder may be terminated by Berkeley Systems or Jellyvision at any time, in their sole discretion. Such termination shall be effective immediately upon posting of such termination on the You Don't Know Jack the netshow Website. In addition, this Agreement and the license granted hereunder will terminate automatically if (a) you fail to comply with the limitations described in this Agreement or (b) you give up your personal use or control of the computer(s) or server(s) on which You Don't Know Jack the netshow is downloaded or installed. Upon termination for any reason of this Agreement and the license granted hereunder, you agree to immediately destroy all copies of You Don't Know Jack the netshow downloaded to, or installed on either a computer or a server, as well as all related materials in any form. 2. COPYRIGHTS. All rights in the software and screen graphics of You Don't Know Jack the netshow are owned by Berkeley Systems and are protected by United States copyright and other applicable laws, and international treaty provisions. All rights in the text and sound of You Don't Know Jack the netshow are owned by Jellyvision and are protected by United States copyright and other applicable laws, and international treaty provisions. Therefore, you agree to treat You Don't Know Jack the netshow like any other copyrighted material (e.g., a book or musical recording). You may not reproduce, distribute copies of, display publicly, or create derivative works based on You Don't Know Jack the netshow. You are not permitted to copy You Don't Know Jack the netshow for backup or archival purposes. XingSound (TM) is a trademark of Xing Technology Corporation. (C) Copyright 1991-1996 All Rights Reserved TrueSpeech (R) is a registered trademark of DSP Group, Incorporated. (C) Copyright 1996 All Rights Reserved 3. OTHER RIGHTS. You may not modify, translate, reverse engineer, decompile or disassemble You Don't Know Jack the netshow, or remove any proprietary notices or labels COMMERCIAL USE, PUBLIC EXHIBITION, PUBLIC DISPLAY, PUBLIC USE, PUBLIC PERFORMANCE, OR PUBLIC DEMONSTRATION OF THE PROGRAM, OR ANY COMPONENT OR PORTION THEREOF, IS STRICTLY PROHIBITED WITHOUT THE EXPRESS WRITTEN CONSENT OF BERKELEY SYSTEMS, INC. 4. NO WARRANTIES OR LIABILITIES. (a)PRODUCTS. You expressly acknowledge and agree that use of You Don't Know Jack the netshow is AT YOUR OWN RISK and that You Don't Know Jack the netshow is provided "AS IS" without any warranties or conditions whatsoever. (b)BERKELEY SYSTEMS AND IT'S AFFILIATES, AGENTS, LICENSEES AND LICENSORS: (i)HEREBY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AS TO THE ACCURACY, COMPLETENESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OF YOU DON'T KNOW JACK THE NETSHOW, AS WELL AS ALL EXPRESS AND IMPLIED WARRANTIES THAT THE OPERATION OF YOU DON'T KNOW JACK THE NETSHOW WILL BE UNINTERRUPTED OR ERROR-FREE; (ii)SHALL IN NO EVENT BE LIABLE TO YOU OR ANY ONE ELSE FOR ANY INACCURACY, ERROR OR OMISSION IN, OR LOSS, INJURY OR DAMAGE CAUSED IN WHOLE OR IN PART BY, OR FAILURES, DELAYS OR INTERRUPTIONS OF YOU DON'T KNOW JACK THE NETSHOW; (iii)SHALL IN NO EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES ARISING OUT OF, RESULTING FROM OR RELATING IN ANY MANNER TO THE USE OR INABILITY TO USE YOU DON'T KNOW JACK THE NETSHOW. SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFIT, LOSS OF PROGRAMS OR DATA, AND DAMAGE TO YOUR EQUIPMENT (c)SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. 5. U.S. GOVERNMENT RIGHTS. If you are licensing You Don't Know Jack the netshow on behalf of any part of the United States Government, the following provisions apply. You Don't Know Jack the netshow is deemed to be "commercial software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR 12.212, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of You Don't Know Jack the netshow by the U.S. Government or any of its agencies shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement. 6. CHANGED TERMS. Berkeley Systems shall have the right at any time and in their sole discretion to change the terms of this Agreement or require new terms and to change, impose conditions on or discontinue any aspect or feature of You Don't Know Jack the netshow. Such changes shall be effective immediately upon posting of such terms on the You Don't Know Jack the netshow Website. Any use by you of You Don't Know Jack the netshow after such notice shall be deemed acceptance of such changes by you. 7. GENERAL. This Agreement will governed by the laws of the State of California, without reference to conflict of laws principles. This Agreement is the entire agreement between Berkeley Systems, Jellyvision and you and supersedes any other communications or advertising with respect to You Don't Know Jack the netshow. If any provision of this Agreement is held unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. Any item or service furnished by Berkeley Systems, Jellyvision or their affiliates, agents, licensees or licensors, in furtherance of this Agreement, although not specifically identified in it, shall nevertheless be covered by this Agreement unless specifically covered by some other written or electronic agreement accepted by you and an authorized representative of both Berkeley Systems and Jellyvision. You agree to comply with all U.S., foreign and local laws and regulations which apply to your use of You Don't Know Jack the netshow including, without limitation, export control laws and regulations. *****END OF YOU DON'T KNOW JACK THE***** ***** NETSHOW LICENSE AGREEMENT *****