Mirador Software, Inc. End User License Agreement for the PC8800 Emulator The copyright in this software1 ("the Software") is owned by Mirador Software, Inc. ("Mirador"). This Software may not be copied or installed on any computer without Mirador's license. Mirador offers a non-exclusive license on the terms set forth in this Agreement. If you do not accept these terms you may, within 30 days of purchase, return the Software and accompanying materials intact to your supplier together with proof of purchase for a full refund. You shall be deemed to have accepted the terms of this Agreement by loading the Software into any computer. Copying and Use of the Software Under this license, you are permitted to: 1) load the Software and use it only on a single computer which is under your control, unless a multiple user license has been purchased, in which case the software may be used on any number of computers, up to a number equal to the number of purchased licenses; 2) transfer the Software from one computer to another, provided it is used on only one computer at any one time, unless a multiple user license has been purchased, in which case the software may be used on any number of computers, up to a number equal to the number of purchased licenses; 3) make archival copies of the Software as required to ensure integrity in the course of use on the number of computers for which licenses have been purchased. You are not permitted to: 1) rent, lease, sub-license, loan, reproduce (except as expressly provided in this Agreement) or deal in the Software in any way; 2) modify, adapt, merge, translate, reverse engineer, decompile, or disassemble the Software, or otherwise attempt to discover the source code of the Software. Term of License This license is effective from the date of purchase until the User returns the Software to Mirador on its original medium and certifies in writing to Mirador that any archival copies of the Software that the User might have recorded on any medium have been completely destroyed. Mirador shall have the right to revoke this license and demand the return of the Software and the destruction of any copies of the Software made by the User, at any time hat it is determined that the User has violated the licenses terms. Mirador's Proprietary Rights and User's Duty to Protect The User acknowledges that the Software is and remains the sole and exclusive property of Mirador. The User acknowledges a duty to protect Mirador's proprietary rights by exercising due care to prevent the unauthorized use, illegal reproduction or illicit distribution of the Software. User's Rights to Updates and Consultation From time to time, Mirador will revise or supplement the Software. The User shall have the right to obtain revisions and supplements as they become available at cost (including shipping). However, Mirador is not obliged under this license to provide notification of revisions or supplements, or to provide these revisions or supplements automatically. Accordingly, the User must request them. This provision applies only to revisions and supplements, indicated by changes in the minor version number of the Software, and not to new releases indicated by changes in the major version number of the Software or by other means. The User has a right to consultation with Mirador's Customer Service and Technical Support departments for the purpose of exercising rights or duties under this license. Limited Warranty Mirador warrants that the intangible goods delivered under this license (the Software itself) will conform to the specifications contained in any applicable contract or in the applicable Mirador product literature current at the time of delivery, and that the tangible goods delivered (the physical media, any hardware license keys, etc.) will be free of defects in workmanship or material. Mirador will correct, by repair or replacement at its own expense, any such non-conformity or defect, provided such non-conformity or defect is reported within ninety (90) days of the date of delivery and is not evidently the result of the recipient's failure to follow Mirador guidelines and standard industry practice with respect to the proper storage, installation, use and maintenance of the goods. This warranty is extended only to the original purchaser. This warranty is exclusive and is in lieu of any warranty of merchantability or fitness for a particular purpose or other warranty of quality, whether expressed or implied, except of title and against patent infringement. Correction of nonconformities and defects, in the manner and for the period of time provided above, shall constitute fulfillment of all liabilities of Mirador to the Purchaser with respect to, or arising out of the goods, whether based on contract, negligence, strict tort, or otherwise. The User agrees that this corrective action shall be the sole remedy for Mirador's breach of warranty. The User acknowledges that the sole purpose of the stipulated exclusive remedy shall be to provide the User with free repair and replacement of defective parts in the manner provided herein, and that this exclusive remedy shall not be deemed to have failed in its essential purpose so long as Mirador is willing and able to repair or replace defects reported within ninety (90) days of delivery, in the described manner at Mirador's facility. Limitation of Liability Mirador shall have no liability or responsibility to any customer or any other person or entity with respect to any liability, loss or damage caused or alleged to be caused directly or indirectly by any product sold by Mirador, including but not limited to, any interruption of service, loss of business or anticipatory profits or consequential damages resulting from the user or operation of such equipment. Mirador shall not under any circumstances be liable for special or consequential damages, such as, but not limited to, damage or loss of other property or equipment, loss of profits or revenue, cost of capital, cost of purchased or replacement goods, or claims of customers of the Purchaser for service interruptions. The remedies of the Purchaser set forth herein are exclusive, and the liability of Mirador with respect to any contract, or anything done in connection therewith such as the performance or breach thereof, or from the manufacture, sale, delivery, resale, installation or use of any goods covered or furnished under this contract whether arising our of contract, negligence, strict tort or breach of warranty or otherwise, shall not, except as expressly provided herein, exceed the price of the goods upon which such liability is based. Governing Law This Agreement shall be governed by the laws of the United States and of the state of Georgia. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. This Agreement may only be modified in writing, and any modifications must be authorized by an officer of Mirador. Entire Agreement This Limited Use Software License Agreement constitutes the entire agreement between the User and Mirador. General Information Good data processing procedure dictates that the User test the program, run and test sample sets of data, and run the system in parallel with a previously installed system for a period of time to ensure that the Software is operating satisfactorily. Prior to the return, for any reason (warranty repair, updating, etc.), of material supplied under this license, a Return Authorization (RA) must be obtained from Mirador Customer Support: 770-850-9100. Please make the RA number obtained from Customer Support on the outside of the shipping carton or package; this will ensure that your return is handled properly and promptly. Mirador does not accept any collect or COD deliveries. Requests for further information regarding warranty or this agreement should be addressed in writing to Mirador Software, 1040 West End Blvd., Winston-Salem, NC USA. _______________________________ 1 The copyrighted software to which this agreement applies includes the entire contents of the distribution, with the sole exceptions of the following components (if included): 1) plink.dll - a Mirador work derived from freely distributed source code from the Putty SSH suite, authored and copyrighted by Simon Tatham, et. al. (See the Putty license that accompanies this component.) 2) alleg42.dll - a Mirador build of the Allegro library by Shawn Hargreaves, et. al., which is freely distributable without restriction. (See the Allegro license that accompanies this component.) 3) cwsdpmi.exe - a DPMI server authored and copyrighted by Charles W. Sandman, which is distributed under General Public License. User's have the right to obtain source code for this software. It may be obtained from http://clio.rice.edu/cwsdpmi/csdpmi5s.zip. (See the cwsdpmi documentation that accompanies this component.) 4) any .wav sound files, which are in the public domain.