CyberPhone - END USER LICENSE AGREEMENT ------------------------------------ FREE EVALUATION USE THIS IS A LEGAL DOCUMENT TO WHICH YOU ARE CONSENTING TO BE BOUND. IF YOU DO NOT AGREE TO ALL TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE. By using or copying this Software, Licensee agrees to abide by the copyright law and all other applicable laws, and the terms of this license. CyberPhone - The Internet Telephone (hereafter, Software) is copyrighted by CyberScience, Inc. (hereafter, CyberScience) and ownership remains with CyberScience, Inc. GRANT. CyberScience grants you (hereafter, Licensee) a non-exclusive license to use the Software free of charge provided that: (a) You limit your use to the Demo Access Level -or- (b) You have the express permission of CyberScience. If you do not fit within the description above, a license fee is due to CyberScience and no license is granted herein. RESTRICTED USE. You may not copy the Software, except for backup or archival purposes. Any such copy made by you shall be subject to this Agreement and shall contain all of CyberScience's notices regarding copyrights, trademarks and other proprietary rights as contained in the Software originally provided to you. You may not lend, rent, lease or otherwise transfer the Software. The Software is protected by the copyright laws of the United States and international copyright treaties. TITLE. Title, ownership rights, and intellectual property rights in and to the Software and Documentation shall remain with CyberScience. This Agreement does not include the right to sublicense the Software and is personal to you and therefore may not be assigned (by operation of law or otherwise) or transferred without the prior written consent of CyberScience. You acknowledge that the Software in source code form remains a confidential trade secret of CyberScience and therefore you agree not to attempt to decipher, decompile, disassemble or reverse engineer the Software or allow others to do so, except to the extent applicable laws specifically prohibit such restriction. You further agree not to modify or create derivative works of the Software. DISCLAIMER OF WARRANTY. CYBERSCIENCE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THIS SOFTWARE FOR ANY PURPOSE. IT IS PROVIDED "AS IS" WITHOUT EXPRESS OR IMPLIED WARRANTY. LIMITATION OF LIABILITY. IN NO EVENT SHALL CYBERSCIENCE BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE. TERMINATION. CyberScience shall have the right to terminate this license immediately by written notice upon Licensee's breach of, or non-compliance with, any of its terms. Licensee may be held legally responsible for any copyright infringement that is caused or encouraged by Licensee's failure to abide by the terms of this license. CyberScience, Inc. P.O. Box 1255 Hightstown, NJ 08520 USA cyberphone@magenta.com