BY CLICKING ON ONE OF THE 'ACCEPT' BUTTONS BELOW OR CONTINUING TO USE THE ENCLOSED SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL THE TERMS OF THIS AGREEMENT, CLICK ON THE 'REJECT' BUTTON AND THE INSTALLATION PROCESS WILL TERMINATE. F r e e T e l (tm) END-USER LICENSE AGREEMENT THIS SECTION IS APPLICABLE TO FreeTel: GRANT: FreeTel Communications, Inc., ("FREETEL") hereby grants you a non-exclusive license to use its accompanying FreeTel software product ("SOFTWARE") free of charge for the purpose of evaluating whether to purchase a FreeTel+ Registration Code. The evaluation period for use by or on behalf of a commercial entity is limited to 30 days; evaluations by others is not subject to this restriction. COMMERCIAL ENTITY: A "commercial entity" includes, without limitation, a corporation, firm, association, partnership, sole proprietorship, government institution, educational institution, non-profit, religious, or charitable organization, crown corporation, or trust. THIS SECTION IS APPLICABLE TO FreeTel+: GRANT: If you have purchased a FreeTel+ Registration Code (or you have purchased FreeTel+ as part of a bundle or separately), FreeTel Communications, Inc., ("FREETEL") hereby grants you a non-exclusive license to use its accompanying FreeTel and FreeTel+ software product ("SOFTWARE") in accordance with the terms of this agreement. THE REMAINING SECTIONS ARE APPLICABLE TO ALL PRODUCTS: USE: You may use this SOFTWARE on one computer system. You may permit others to use this SOFTWARE on that one computer system only, provided you do not charge a fee. You agree not to use the SOFTWARE in any manner that is illegal, unethical, harassing, threatening, obscene, or a nuisance. NO DISTRIBUTION: You are not permitted to make the SOFTWARE available on a network server, nor distribute the SOFTWARE to other parties. However, you may tell them how to download a free copy of FreeTel from http://www.freetel.com or even provide a Web link to the site. RESTRICTIONS: You may not modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the SOFTWARE, rent, lease, or otherwise transfer the rights to the SOFTWARE; or remove any proprietary notices on the SOFTWARE. You may not make copies of the SOFTWARE except for archival purposes. TITLE: Title, ownership, and intellectual property rights in and to the SOFTWARE shall at all times remain in FREETEL. The SOFTWARE is protected by the copyright laws of the United States and by international copyright treaties. DISCLAIMER OF WARRANTY: THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. SOME STATES DO NOT PERMIT EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL FREETEL, ITS SUPPLIERS, OR RESELLERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY LIABILITY IN TORT, CONTRACT, OR OTHER LEGAL THEORY, FOR COMPUTER FAILURE OR MALFUNCTION, BUSINESS INTERRUPTION, LOSS OF PROFITS, LOSS OF GOODWILL, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE, EVEN IF FREETEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FREETEL BY LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED DOLLARS. TERMINATION: The license will terminate automatically if you violate any of the provisions of this agreement. On termination, you must destroy all copies of the SOFTWARE. EXPORT CONTROLS AND INTERNATIONAL RESTRICTIONS: You are not permitted to export, download, or use the SOFTWARE in Switzerland or any country, state, or jurisdiction that restricts the use of the SOFTWARE. You are not permitted to export or download the software into Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods. MISCELLANEOUS: This agreement represents the entire agreement concerning this license between the parties and supersedes all prior agreements and representations. It may be amended only by written agreement. If any provision in this agreement is held to be unenforceable for any reason, such provision shall be modified only to the extent necessary to make it enforceable. This agreement shall be governed and construed under California law as such law applies to agreements between California residents entered into and to be performed within California, except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. U.S. GOVERNMENT RESTRICTED RIGHTS: The SOFTWARE and documentation are provided with Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions set forth in subparagraph (c)(1) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1)(ii) and (2) of Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Supplier is FreeTel Communications, Inc., 540 N. Santa Cruz Ave., Suite 290, Los Gatos, CA 95030. END OF AGREEMENT. Should you have any questions concerning this agreement, or would like to contact us for any reason, please write to FreeTel Communications, Inc., 540 N. Santa Cruz Ave., Suite 290, Los Gatos, CA 95030. The SOFTWARE is Copyright (C) 1996 FreeTel Communications, Inc.