====== Stalker Software, Inc. CommuniGate Pro Software License Agreement ======= 1. LICENSE. The CommuniGate Pro Software and CommuniGate Pro Documentation whether on disk, in read-only memory, or on any other media (collectively, the 'CommuniGate Pro Software') are licensed, not sold, to you by Stalker Software, Inc. ('STALKER'). All copies of the CommuniGate Pro Software you use are subject to this License. The License is provided in the form of numeric CommuniGate Pro License Keys ('License Keys'). 2. PERMITTED USES and RESTRICTIONS. This License allows you to use each set of License Keys on one single- or multi-processor Server Computer. Each set of the License Keys is issued for one Internet Domain Name (Main Domain). You expressly acknowledge that this Internet Domain Name exists and is registered by you. You can register any number of Secondary Domains on that Server Computer. You may not, except as permitted by applicable law, decompile, reverse engineer, disassemble, modify, rent, lease, loan or create derivative works from the CommuniGate Pro Software. You may modify the CommuniGate Pro Software components defined as "customizable" in the Documentation. Your rights under this License will terminate automatically without notice from STALKER if you fail to comply with any term(s) of this License. 3. FUTURE VERSIONS. STALKER may from time to time develop new versions of the CommuniGate Pro Software. Nothing in this Agreement shall obligate STALKER to develop any particular update or enhancement. This License grants you a right to use the purchased set of License Keys with all new versions of CommuniGate Pro Software released within 24 months from the date of purchase. STALKER may choose the expand this period of time. STALKER may choose to implement new features and/or components of the CommuniGate Pro Software that require additional License Keys. You are not obligated to purchase additional Keys if you choose not to use those new features and/or components. 4. TERMINATION. This License is unlimited in time, and it can be terminated only as described in Section 2. 5. DISCLAIMER of WARRANTY on CommuniGate Pro Software. You expressly acknowledge and agree that use of the CommuniGate Pro Software is at your sole risk. The CommuniGate Pro Software is provided 'AS IS' and without warranty of any kind and STALKER EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. STALKER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE COMMUNIGATE PRO SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE COMMUNIGATE PRO SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE COMMUNIGATE PRO SOFTWARE WILL BE CORRECTED. FURTHERMORE, STALKER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE COMMUNIGATE PRO SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY STALKER OR A STALKER AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE COMMUNIGATE PRO SOFTWARE PROVE DEFECTIVE, YOU (AND NOT STALKER OR A STALKER AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 6. LIMITATION of LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL STALKER BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall STALKER's total liability to you for all damages exceed the amount paid for this License. 7. Export Law Assurances. You may not use or otherwise export or reexport the CommuniGate Pro License Keys except as authorized by United States law and the laws of the jurisdiction in which the CommuniGate Pro License Keys were obtained. In particular, but without limitation, the CommuniGate Pro License Keys may not be exported or reexported (i) into (or to a national or resident of) any U.S. embargoed country or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the CommuniGate Pro License Keys, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list. 8. Government End Users. If the CommuniGate Pro License Keys are supplied to the United States Government, the CommuniGate Pro Software is classified as "restricted computer software" as defined in clause 52.227-19 of the FAR. The United States Government's rights to the CommuniGate Pro Software are as provided in clause 52.227-19 of the FAR. 9. Controlling Law and Severability. If there is a local subsidiary of STALKER in the country in which the CommuniGate Pro Software License Keys were purchased, then the local law in which the subsidiary sits shall govern this license. Otherwise, this License shall be governed by the laws of the United States and the State of California. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect. 10. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the CommuniGate Pro Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by STALKER. =========================== End of License Agreement =========================== By submitting a Purchase Order for the CommuniGate Pro License Keys, I (we) confirm that: (i) I (we) have evaluated the CommuniGate Pro software (ii) I (we) agree to be bound by the terms of this License Agreement (iii) I (we) understand that the CommuniGate Pro License Keys is a non-tangible item and it cannot be returned, refunded, modified, or adjusted. Domain: ________________________________ License Type: ____________________ Company: ________________________________ Contact: ____________________ Address: ______________________________________________________________________ Phone: ________________________________ Fax: _____________________ Payment: __________________________ Exp.Date: ___/___(Credit Cards) Signature: ________________________________ Date: _____________________ For Marketing Purposes Only Stalker Software, Inc. would like to know the Operating System you plan to use with the CommuniGate Pro. You can change your operating system at any time as long as one set of License Keys is being used on one Server Computer. Operating System: _________________________________________