END-USER LICENSE AGREEMENT FOR HYPERCOSM 3D PLAYER TM SOFTWARE IMPORTANT - READ CAREFULLY: This End User License Agreement (the "Agreement") is a legal agreement between you (either an individual or a single entity) and Hypercosm, Inc. ("Hypercosm TM") for the version of the Hypercosm 3D Player TM Software you are about to download or install (the "Software") and any of the following, if provided to you with the Software: "online" or electronic documentation and models and multimedia content included with the Software provided to you by Hypercosm (collectively, the Software and such associated materials and content are referred to as the "Product"). This Agreement licenses the Product to you and contains important legal provisions including warranty and liability disclaimers. By clicking the "I Agree" button below, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, click the "I Do Not Agree" button. If you click the "I Do Not Agree" button or do not click the "I Agree" button, then you are not authorized to use the Product. 1. GRANT OF LICENSE This Agreement grants you the following rights: Installation and Use. You may install and use an unlimited number of copies of the Product. Right to Copy. You may make an unlimited number of copies of the Product for your own use. You may also make an unlimited number of copies of the Product for others, provided you distribute the copies pursuant to the Right to Distribute section below. You must reproduce on any copy you make all copyright and trademark notices and any other proprietary legends found on the original Product. Right to Distribute. You may distribute the Product to others or allow others to make a copy of the Product for their use, provided that: (a) the version of the Product that you distribute or make available for copying by others must be the most recent version of the Product that has been released by Hypercosm (if such version is licensed under different distribution rules, then you will not have the right to distribute the Product except as provided in the license for that version); and (b) before you distribute the Product to others or allow others to make copies of the Product, you must first require them to agree to the terms of this Agreement and inform them that this Agreement will be enforceable by Hypercosm against them. Upgrades or Updates. This Agreement does not give you a right or license to any updates or upgrades that Hypercosm may make available to the Product. However, if Hypercosm does provide you in the future with any updates or upgrades to the Product without requiring a separate license agreement, then such updates or upgrades shall be considered a part of the Software and Product for all purposes of this Agreement. 2. OTHER RESTRICTIONS AND OWNERSHIP Non-exclusivity and Revocability. This license is non-exclusive and revocable. Hypercosm retains the right to license others as it considers appropriate. Separation of Components. The Software and associated content are licensed together, solely as a single Product. You will not separate these component parts or any parts of the Software for use on more than one computer or make copies of any content files or applets separate from any permitted copying of the Product as a whole. Modifications, Reverse Engineering. You will not modify or create any derivative works based on the Product or any part of the Product. You agree that you will not reverse engineer, decompile, or disassemble the Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. Ownership; Reservation of Rights. This license gives you limited rights to the Product. You do not own the Product or any intellectual property rights in the Product. All title and copyrights to the Software and the Product (including but not limited to any images, photographs, animations, video, audio, music, text or other content or "applets" incorporated into the Product) are owned by Hypercosm and its suppliers. The Product is protected by copyright laws and international treaty provisions. Therefore, you must treat the Product like any other copyrighted material in light of the express rights granted to you in this Agreement. ALL RIGHTS NOT EXPRESSLY GRANTED IN THIS AGREEMENT ARE RESERVED BY HYPERCOSM. U.S. Export Rules. You will not export or re-export, directly or indirectly, the Product or any part of the Product into any country prohibited by the United States Export Administration Act and regulations thereunder. You acknowledge that when you download the Product, you are not located in a country into which the export of the Product is prohibited by the United States Export Administration Act and regulations thereunder. U.S. GOVERNMENT RESTRICTED RIGHTS. This Product is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions set forth in this Agreement and the restricted rights applicable to commercial computer software (under DFARS 252.227-7013 or FAR 52.227-19 or parallel regulations, as applicable). The Manufacturer is Hypercosm, Inc., 3230 Deming Way, Middleton, WI, 53562 USA. 3. DISCLAIMER OF WARRANTIES, SUPPORT AND LIABILITY. NO WARRANTIES. YOU ACKNOWLEDGE THAT THE PRODUCT WAS PROVIDED TO YOU FREE OF CHARGE AND THIS PRODUCT IS PROVIDED TO YOU "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HYPERCOSM AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE, ANY IMPLIED WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PRODUCT OR AGAINST NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES RELATING TO THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES OR ANY UPDATES OR UPGRADES TO THE PRODUCT. YOU MAY HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. NO LIABILITY FOR DAMAGES. IN NO EVENT SHALL HYPERCOSM OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THIS AGREEMENT, THE USE OF OR INABILITY TO USE THE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF HYPERCOSM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NO LIABILITY FOR CONSEQUENTIAL OR OTHER DAMAGES. IN NO EVENT SHALL HYPERCOSM OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THIS AGREEMENT, THE USE OF OR INABILITY TO USE THE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF HYPERCOSM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION ON DAMAGES IN THIS PARAGRAPH IS INDEPENDENT OF AND IN ADDITION TO OTHER PROVISIONS IN THIS AGREEMENT RELATING TO REMEDIES OR LIABILITIES AND SHALL BE ENFORCEABLE EVEN IF SUCH OTHER PROVISIONS ARE UNENFORCEABLE OR FAIL OF THEIR ESSENTIAL PURPOSE. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 4. ADVERTISING AND DATA You understand and agree to the following: During the period that a content applet is being downloaded to your computer for use by the Product, the Product may automatically place an advertisement from one of Hypercosm's advertisers on the screen and that Hypercosm will receive revenues from such advertisements. In addition, while the applet is displayed on your screen, the Product may place a small advertisement in the corner of the content being displayed to you. You also understand that the Product will communicate with Hypercosm's web site to permit Hypercosm to track the advertising. The Product may also transmit data relating to or derived from your use of the Product or any content or web sites accessed by use of the Product, or from the content that you access with the Product (collectively, the "Data"). You will have no control over whether any advertising plays while you are using the Product or whether such Data is collected. You will have no right to any revenues generated by Hypercosm or another party by the use of the Product by you or for any other revenues or fee with respect to the advertising or Data. The advertising displayed by the Product may or may not be targeted to the content or nature of the web site you are viewing when the advertising is displayed. In most cases, the advertising displayed will be determined by Hypercosm in conjunction with its advertisers and is not endorsed, sponsored or approved by the web site at which it is being played. The web site owners and operators likely will have no affiliation with the advertisers or Hypercosm other than the participation, if any, by the web site owner in one or more incentive programs offered by Hypercosm. Hypercosm may, consistent with any restrictions under the law, collect the Data and Hypercosm will own all of the Data it collects and may use such Data as it deems appropriate, all without any payments to you. You hereby release Hypercosm, its advertisers and any web site from any Claims based on, relating to, or arising out of any advertising occurring during your use of the Product, other than Claims against the advertiser that would be available with respect to advertising in any other medium by that advertiser, and any claims based on Hypercosm's collection, use, transfer or licensing of the Data. "Claim" includes any claim or demand, including, without limitation, penalties, interest, reasonable attorneys' fees and costs claimed, demanded, or incurred in connection with any claim or demand. 5. GENERAL Governing Law and Forum. This Agreement shall be governed by and construed in accordance with the State of Wisconsin without giving effect to the principles of conflict of law thereof. To the extent permitted by applicable law, any actions brought by any party with respect to this Agreement or the Product shall be brought exclusively in courts located in Dane County, Wisconsin, and each party hereto hereby consents to the personal jurisdiction of such courts. Complete Agreement. This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. Any representation, promise, warranty, covenant or undertaking not expressly set forth in this license shall not be deemed a part of the Agreement or otherwise legally effective. Severability. If a term or condition of this license is invalid or unenforceable, the remaining terms and conditions will remain in full force and effect. Termination. Hypercosm may terminate this Agreement and/or revoke any or all licenses described in this Agreement at any time. Sections 2-5 of this Agreement shall survive termination. Amendment. Hypercosm reserves the right, in its sole discretion, to change, modify, add or remove all or part of this Agreement. Hypercosm will notify you of any modifications or amendments to this Agreement by posting a notice on the web site on which this Agreement is located. As used throughout this Agreement, the phrase "Agreement" shall include any amendments or modifications to the Agreement expressed herein. Hypercosm 3D Player License - last modified 2/29/00