IMail License Agreement YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE SOFTWARE CONTAINED HEREIN. USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THEM, YOU SHOULD PROMPTLY DESTROY THIS PACKAGE WITH THE SOFTWARE UNUSED WITHIN FIFTEEN DAYS OF ACQUISITION. Ipswitch, Inc. ("Ipswitch") and its suppliers provide computer programs contained on the diskettes in the package (the "Programs") and the associated documentation contained in the package (the "Documentation") and license their use on the terms set forth herein. You assume responsibility for the selection of the Programs to achieve your intended results, and for the installation, use and result obtained from the Programs. LICENSE 1. You are granted a personal, non-transferable and non-exclusive license to use one or more copies of the software included with the Programs on one or more Windows-based personal computers until the expiration of the trial period on October 15, 1994, and to use the Documentation under the terms stated in this Agreement. Title and ownership of the Programs and Documentation remain in Ipswitch or its suppliers. 2. You, your employees and/or agents are required to protect the confidentiality of the Programs and Documentation. You may not distribute or otherwise make the Programs or Documentation available to any third party. 3. You may not assign, sublicense or transfer this license and may not decompile, reverse engineer, modify, or copy the Programs or Documentation for any purpose, except you may copy the Programs into machine readable or printed form for backup purposes in support of your use of the Programs on a single machine. You may combine the Programs with other programs. Any portion of the Programs merged into or used in conjunction with another program will continue to be the property of Ipswitch or its suppliers and subject to the terms and conditions of this Agreement. 4. The Programs and Documentation are copyrighted by Ipswitch and/or its suppliers. You agree to respect and not to remove or conceal from view any copyright, trademark or confidentiality notices appearing on the Programs or Documentation, and to reproduce any such copyright, trademark or confidentiality notices on all copies of the Programs and Documentation or any portion thereof made by you as permitted hereunder and on all portions contained in or merged into other programs and documentation. YOU MAY NOT USE, COPY, MODIFY, OR TRANSFER THE PROGRAMS OR DOCUMENTATION, OR ANY COPY, MODIFICATION OR MERGED PORTION, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS LICENSE. IF YOU TRANSFER POSSESSION OF ANY COPY, MODIFICATION OR MERGED PORTION OF THE PROGRAMS OR DOCUMENTATION TO ANOTHER PARTY, YOUR LICENSE IS AUTOMATICALLY TERMINATED. TERM This license is effective until terminated. You may terminate it at any time by destroying the Programs and Documentation with all copies, modifications and merged portions in any form. It will also terminate upon conditions set forth elsewhere in this Agreement if you fail to comply with any term or condition of this Agreement. You agree upon such termination to destroy the Programs and Documentation together with all copies, modifications and merged portions in any form. LIMITED WARRANTY During the first 90 days after delivery of the Programs to you, as evidenced by a copy of your receipt, invoice or other proof of purchase (the "Warranty Period"), Ipswitch warrants that the Programs will perform substantially in accordance with the Documentation and that the diskettes on which the Programs are furnished will be free from defects in materials and workmanship under normal use. EXCEPT AS PROVIDED IN THIS SECTION, THE PROGRAMS AND DOCUMENTATION ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. LIMITATION OF REMEDIES Ipswitch's and/or its suppliers' entire liability and your exclusive remedies under this Agreement are as follows: 1. Ipswitch shall use commercially reasonable efforts to correct any failure of the Programs of which it is given written notice by you during the Warranty Period to perform substantially in accordance with the Documentation, provided such failure can be recreated by Ipswitch in an unmodified version of the Programs or, if Ipswitch is unable to correct such failure you may terminate this Agreement by returning the Programs and Documentation and the License Fee will be refunded. 2. Ipswitch shall replace any diskette not meeting Ipswitch's "Limited Warranty" and which is returned to Ipswitch with a copy of your receipt, invoice or other proof of purchase or, if Ipswitch is unable to deliver a replacement diskette which is free from defects in materials or workmanship, you may terminate this Agreement by returning the Programs and Documentation and the license Fee paid will be refunded. IN NO EVENT WILL IPSWITCH OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAMS EVEN IF IPSWITCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. SOME STATES 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. U.S. GOVERNMENT RESTRICTED RIGHTS If the Programs and Documentation (collectively the "Software") are acquired on behalf of a unit or agency of the United States Government this provision applies. For units of the Department of Defense (DoD), this Software is supplied only with "Restricted Rights" as that term is defined in the DoD Supplement to the Federal Acquisition Regulations, 52.227-7013(c)(1)(ii) and: 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 52.227-7013. Contractor: Ipswitch, Inc., 580 Main St., Reading, MA 01867 Government personnel using this Software, other than under a DoD contract or GSA Schedule, are hereby on notice that use of this Software is subject to restricted rights which are the same as or similar to those specified above. GENERAL This Agreement will be governed by the internal laws of the Commonwealth of Massachusetts. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND IPSWITCH ("US") WHICH SUPERSEDES ANY PROPOSAL, PRIOR OR CONTEMPORANEOUS AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.