MICROSOFT DEVELOPMENT LICENSE Microsoft WinG Software Development Kit This is a legal agreement between you (either an individual or an entity) and Microsoft Corporation ("Microsoft"). By accessing and using the software, you are agreeing to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you are not authorized to use the software. MICROSOFT LICENSE AGREEMENT 1. GRANT OF LICENSE TO USE. Microsoft Corporation ("Microsoft") grants to you the non-exclusive right to use the Microsoft software and electronic text files comprising the documentation (the "SOFTWARE") on a single computer for the sole purposes of designing, developing, and testing your software product(s), including but not limited to Windows-based and Win32- based applications, and other software products, which operate in the Microsoft Windows or Windows NT evironments. Microsoft reserves all rights not expressly granted. 2. COPYRIGHT. The SOFTWARE is owned by Microsoft or its suppliers and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g., a book or musical recording). You may not use or copy the SOFTWARE for any other purpose than what is described in this Agreement. Except as provided herein, Microsoft does not grant any express or implied right to you to or under Microsoft patents, copyrights, trademarks, or trade secret information. 3. OTHER RESTRICTIONS. You may not rent or lease the SOFTWARE, but you may transfer the SOFTWARE and accompanying written materials on a permanent basis provided you retain no copies and the recipient agrees to the terms of this Agreement. If the SOFTWARE is an update or has been updated, any transfer must include the most recent update and all prior versions. You may not reverse engineer, decompile or disassemble the SOFTWARE except to the extent that the foregoing restriction is expressly prohibited by applicable law. 4. SAMPLE CODE. Microsoft grants you a non-exclusive royalty-free right to use and modify the source code version of the sample code located in the "samples" directories (Sample Code) for the sole purposes of designing, developing and testing your software products which operate in the Microsoft Windows or Windows NT environments, and to reproduce and distribute the Sample Code along with any modifications thereof, only in object code form provided that you comply with Section 6. 5. REDISTRIBUTABLE CODE. In addition to the rights granted in Section 1, Microsoft grants you additional rights to the SOFTWARE designated as "Redistributable Code". The Redistributable Code files and the rights associated with each of them, subject to Section 6, are: WING.DLL, WING32.DLL, WINGDE.DLL, WINGDIB.DRV, WINGPAL.WND, SETUPHLP.DLL, and DVA.386 6. DISTRIBUTION REQUIREMENTS. If you are authorized to redistribute the Sample Code and/or Redistributable Code, (collectively "REDISTRIBUTABLE COMPONENTS") as described in Sections 4 and 5 above, you must (a) distribute the REDISTRIBUTABLE COMPONENTS only in conjunction with and as a part of your software application product; (b) not permit further redistribution of the REDISTRIBUTABLE COMPONENTS by your end-user customers; (c) not use Microsoft's name, logo, or trademarks to market you software application product; (e) include a valid copyright notice on your software application product; and (d) agree to indemnify, hold harmless, and defend Microsoft from and against any claims or lawsuits, including attorney's fees, that arise or result from the use or distribution of your software application product. The license in this section to distribute REDISTRIBUTABLE COMPONENTS is royalty-free provided that your software application product is designed, developed and tested for operation in the Microsoft Windows or Windows NT environments. Contact Microsoft for the applicable royalties due and other licensing terms for all other uses and/or distribution of the REDISTRIBUTABLE COMPONENTS. 7. EXPORT RESTRICTIONS. You agree that neither you nor your customers intend to or will, directly or indirectly, export or transmit (a) the SOFTWARE or related documentation and technical data or (b) your software application product as described in Section 6 of this Agreement (or any part thereof), or process, or service that is the direct product of the SOFTWARE to any country to which such export or transmission is restricted by any applicable U.S. regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission. LIMITED WARRANTY NO WARRANTIES. To the maximum extent permitted by applicable law, Microsoft expressly disclaims any warranty for the SOFTWARE. The SOFTWARE and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability or fitness for a particular purpose. The entire risk arising out of use or performance of the SOFTWARE remains with you. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall Microsoft or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profit, business interruption, loss of business information, or any other pecuniary loss) arising out of the use or inability to use this Microsoft product, even if Microsoft has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. 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 as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software -- Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Microsoft Corporation/One Microsoft Way/Redmond, WA 98052-6399. If you acquired this product in the United States, this Agreement is governed by the laws of the State of Washington. If you acquired this product outside the United States, local law may apply. Should you have any questions concerning this Agreement, or if you desire to contact Microsoft for any reason, please contact your local Microsoft subsidiary or sales office or write: Microsoft Sales and Service/One Microsoft Way/Redmond, WA 98052-6399. - 3 - 7/5/94 41860006.DOC