Copyright (c) S3, Inc. 1995 S3 INCORPORATED TERMS AND CONDITION OF END-USER BULLETIN BOARD SERVICE USE S3 PROVIDES THIS BBS SO THAT YOU MAY DOWNLOAD S3 DRIVERS ("THE SOFTWARE") FOR USE WITH AN S3 GRAPHICS ACCELERATOR CHIP (THE S3 CHIP). S3 IS WILLING TO PROVIDE YOU WITH ACCESS TO THE BBS AND LICENSE THE SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. BY ACCESSING THE BBS YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS YOU SHOULD PROMPTLY EXIT THIS SERVICE. YOU MAY NOT DUPLICATE ALL OR ANY PART OF THE ITEMS CONTAINED IN THE BBS, INCLUDING THE SOFTWARE(THE "BBS ITEMS") OR CREATE DERIVATIVE WORKS BASED IN WHOLE OR IN PART ON THE BBS ITEMS, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, SE RESERVES THE RIGHT TO DENY ACCESS TO THE BBS TO ANYONE FOR ANY REASON AND AT ANY TIME. Software License. Except as otherwise provided by an S3 License Agreement to which you are a party, you (i) may only use the Software on a single system that contains the S3 Chip that the Software is designed for, (ii) may not use the Software for any other purpose or reproduce, decompile, reverse engineer, disassemble or otherwise reduce the Software to human-readable from, (iii) may make one copy of the Software for backup purposes only, and (iv) acknowledge that all copies of the Software in whatever form provided are the sole property of S3, and that you have no right, title or interest in the Software or any copies of the Software, except as expressly provided in these Terms and Conditions. Warranty; No Liability for Damages. YOUR USE OF THE SOFTWARE IS AT YOUR OWN RISK, AND THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR IN NO EVENT SHALL S3 BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS. CONSEQUENTIAL OR INCIDENTAL DAMAGES) ARISING FROM THE USE OF OR INABILITY TO USE THE SOFTWARE. IN NO EVENT WILL S3'S ENTIRE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. Export Restrictions; Entire Agreement; Term. You agree that you will not, directly or indirectly, export the BBS Items including the Software to any country to which such export is restricted by applicable U.S. export control laws without the prior consent, if required, of the U.S. Department of Commerce or such other governmental entity as any have jurisdiction over such export. These Terms and Conditions constitute the entire agreement between you and S3 with respect to the use of the BBS and the BBS Items including the Software. These Terms and Conditions are effective until terminated. These Terms and Conditions will terminate immediately without any notice from S3 if you fail to comply with any provision of these Terms and Conditions. Upon termination, you must destroy BBS Items including the Software and any related documentation that you may have.