INTERNATIONAL LICENSE AGREEMENT If you live inside Germany, this agreement does not apply to you. Please read the agreement outlined in LIZENZ.DOC instead or, if LIZENZE.DOC is not available, ask EmTec for a copy of the German license agreement. This is a legal agreement between you, the end user, and EmTec, Innovative Software, Markus Schmidt ("EmTec"). The EmTec ZOC Communications Software program version 3.xx (the "Software") is licensed by EmTec for use only on the terms and conditions set forth in this document. Please read this license agreement carefully. If you download the Software you are indicating to EmTec that you accept and agree to be bound by the terms set forth in this document. If you do not agree to the terms and conditions set forth in this document, you agree that you will not download the Software and we thank you for your interest. 1. Grant of License The Software is not public domain software nor is it free software. The use of the Software, except for an initial 30-day trial period, requires registration. Non-licensed users are granted a limited license to use the Software on a 30- day trial basis for the purpose of determining whether the Software is appropriate for their needs. After this period, you must either purchase the Software or remove it from your computer system. The use of unlicensed copies of the Software outside of the initial 30-day trial period by any person, firm, business, corporation, government agency or other entity is strictly prohibited. A single user license grants you the right to use one copy of the Software on a single terminal connected to a single computer (ie. CPU). A licensed user may use the Software on different computers, but will not use the Software on more than one computer at the same time. 2. Grant of Network License. A site license permits a company with multiple users to use several copies of the Software on stand-alone computers, or to use a single copy over a network. A computer network is any combination of two or more terminals that are electronically linked and capable of sharing the use of a single software program. A licensed computer network is a computer network for which you have acquired and dedicated at least one version of the Software (which can run alone or as a network server). If you wish to arrange for a site license, please contact EmTec for more details. 3. Copyright. The Software is owned by EmTec and is protected by copyright laws. All rights are reserved. You may either (a) make two copies of the Software solely for backup or archival purposes provided that you reproduce all copyright and other proprietary notices that are on the original copy of the Software provided to you, or (b) transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the written materials accompanying the Software. 4. Other Restrictions. You may not rent or lease the Software. You may not reverse engineer, decompile, disassemble, or create derivative works from the Software. Use of the Software for any military- or arms production related purpose, whether direct or indirect, is strictly prohibited and will constitute a breach of the license granted under this Agreement. 5. Termination. A breach of any term or condition in this Agreement by a licensed user will entitle EmTec to terminate the license granted hereby. Upon notice of termination from EmTec, you agree that you will immediately cease the use of the Software, remove it from your computer system and destroy any Software disks or manuals acquired from EmTec. 6. Dual Media Software. If the Software package contains both 3.5" and 5.25" disks, then you may use only the disks appropriate for your single-user computer or licensed computer network. You may not use the other disks on another computer or computer network, or loan, rent or transfer them to another user. 7. General. This Agreement will be governed by the laws of Germany. Any dispute in relation to this Agreement will be determined by the court of Nuernberg, Germany and every licensed user expressly attorns to the exclusive jurisdiction of the courts of Germany. Should you have any questions concerning this Agreement or if you desire to contact EmTec Software for any reason, please write: EmTec Software, Waagstrasse 4, 90762 Fuerth, Germany (Telefax: 0911-740 6857). SOFTWARE LIMITED WARRANTY To the original customer purchasing this product in the first instance only, EmTec provides the following warranties: 60 Day Satisfaction Guarantee. If you are dissatisfied with the Software for any reason we will refund your money for a period of 60 days from the date of original purchase. EmTec warrants that the Software will perform in substantial compliance with the documentation supplied with the Software. If a material defect in the Software is found, you may return the Software to us for a refund. In no event will such a refund exceed the purchase price of the Software. This is your sole and exclusive remedy for any breach of warranty during this 60 day period. EmTec does not warrant that the Software will meet your requirements, that operation of the Software will be uninterrupted or error-free, or that all Software errors will be corrected. EmTec is not responsible for problems caused by changes in the operating characteristics of computer hardware or computer operating systems which are made after the release of the Software nor for problems in the interaction of the Software with other software. EmTec will have no responsibility to replace or refund the license fee of media damaged by accident, abuse or misapplication. THE ABOVE WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EMTEC, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS WILL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE RISK OF PAYING THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION AND ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT WILL EMTEC BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF THE USE OR THE INABILITY TO USE THIS PRODUCT EVEN IF EMTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. If any provision of this Agreement, including the breadth or scope of such provision will be held by any court of competent jurisdiction to be invalid or unenforceable, in whole or in part, such invalidity or unenforceability will not affect the validity or enforceability of the remaining provisions of this Agreement and such remaining provisions will remain enforceable and binding. Such invalid or unenforceable parts (especially if invalid or unenforcable by German laws) will be replaced by corresponding parts or regulations of license agreement for German users, which is outlined in LIZENZ.TXT or available from EmTec. LIMITATION OF REMEDIES REGARDLESS OF WHETHER ANY REMEDY SET FORTH IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL EMTEC OR ANY OF ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR ANY DATA SUPPLIED THEREWITH EVEN IF EMTEC OR ANYONE ELSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. SOME STATES AND PROVINCES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO CASE WILL EMTEC'S LIABILITY EXCEED THE PURCHASE PRICE FOR THE SOFTWARE.