Flyaga(r) END-USER LICENSE AGREEMENT Please read this document carefully before proceeding. This Agreement licenses the software to you and contains warranty and liability disclaimers. By selecting the "Accept" button, you are confirming your acceptance of the software and agreeing to become bound by the terms of this Agreement. If you do not wish to do so, select the "Cancel" button and do not install the software. 1. DEFINITIONS (a) "Flyaga Software" means the software program covered by this Agreement, and all related updates supplied by Flyaga. (b) "Flyaga Product" means the Flyaga Software and any related documentation, models and multimedia content (such as animation, sound and graphics), and all related updates supplied by Flyaga. (c) "End-User Product" means the output file generated by you, if any, using the Flyaga Software. Examples of End-User Products include animations, presentations, interactive multimedia material, interactive entertainment products and the like. 2. LICENSE This Agreement allows you to: (a) Use the Flyaga Product on a single computer. (b) Make one copy of the Flyaga Product in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends found on the original. (c) Make copies of the End-User Product and distribute those copies for use by others. (d) Certain rights are not granted under this Agreement, but may be available under a separate agreement. If you would like to enter into a Site or Network License, please contact Flyaga. 3. RESTRICTIONS You may not make or distribute copies of the Flyaga Product, or electronically transfer the Flyaga Product from one computer to another or over a network. You may not decompile, reverse engineer, disassemble, or otherwise reduce the Flyaga Software to a human-perceivable form. You may not modify, rent, resell for profit, distribute or create derivative works based upon the Flyaga Product or any part thereof. You will not export or reexport, directly or indirectly. 4. OWNERSHIP The foregoing license gives you limited rights to use the Flyaga Product. You do not become the owner of, and Flyaga retains title to, the Flyaga Product, and all copies thereof. All rights not specifically granted in this Agreement, including Federal and International Copyrights, are reserved by Flyaga. 5. DISCLAIMER OF WARRANTIES AND OF TECHNICAL SUPPORT: The Flyaga Product is provided to you free of charge, and on an "AS IS" basis, without any technical support or warranty of any kind from Flyaga including, without limitation, a warranty of merchantability, fitness for a particular purpose and non-infringement. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE. These limitations or exclusions of warranties and liability do not affect or prejudice the statutory rights of a consumer; i.e., a person acquiring goods otherwise than in the course of a business. 6. LIMITATION OF DAMAGES: Flyaga SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF Flyaga OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. The limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the bargain between Flyaga and you. You agree that Flyaga would not be able to provide the Flyaga Software on an economic basis without such limitations. Flyaga is registered trademark of Flyaga, Inc. End-User License Agreement 27/4/2001