Metafy, LLC Software License Agreement Single Use License v8: 5/29/2007 v7: 5/5/5 v6: 9/15/04 v5: 6/24/04 v4: 3/01/04 v3: 2/18/04 v2: 2/6/2004 v1: 11/15/2003 1.00 Introduction This is a legal agreement between you and Metafy, a Colorado Limited Liability Company, covering your use of Metafy Software Products (the Software), which may include any combination of free, trial, paid, time-limited, pre-release, Alpha, Beta, Release or "Private Label"/OEM versions. Be sure to read the following agreement before pressing "Agree" or using the software. PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE PRESSING THE "AGREE" BUTTON. BY PRESSING "AGREE" YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT AND ANY THIRD PARTY SOFTWARE AND SERVICE TERMS AND CONDITIONS INCLUDED BELOW. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT AND THE THIRD PARTY TERMS AND CONDITIONS, PRESS "DISAGREE" AND (IF APPLICABLE) RETURN THE SOFTWARE TO THE PLACE OF PURCHASE FOR A REFUND. BY USING THIS SOFTWARE (REGARDLESS IF YOU HAVE REGISTERED THE SOFTWARE OR NOT), YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE AND DESTROY ALL COPIES IN YOUR POSSESSION. IMPORTANT NOTES: Metafy software may be used to reproduce media materials. It is licensed to you only for reproduction of non-copyrighted materials, materials for which you own the copyright, or materials you are authorized or legally permitted to reproduce. You may be required to obtain a copyright or other license from a third party to create, copy, download, record or save content files with this software, or to serve or distribute such files. If you are uncertain about your rights to copy or distribute any material, you should contact your legal advisor. IMPORTANT: This software may be used to connect to the Internet. You agree that your use of this software to connect to the Internet will not violate the law or infringe on the privacy rights of another. Insofar as this software may be used to cause the transmission, reception or manipulation of encrypted data, you agree that your use of this software will be in compliance will all applicable laws regarding the use and import/export of encryption software, and that you indemnify and hold Metafy harmless for your use of the software for any purpose. Furthermore, you agree that you are responsible for any and all telecommunications or other connectivity charges incurred by using the Software. IMPORTANT: This software may attempt to connect to the Internet to contact a remote server operated by Metafy or a third-party on behalf of Metafy to obtain upgrade information and verify registration. Any personally identifiable information transmitted from this software to the remote server will be encrypted using a standards-based, export-grade encryption method to protect any information transmitted. Metafy uses its best efforts to protect your privacy, but cannot represent or warrant that your data will be free from attempts to access and decrypt it. By using this software, you explicitly agree to allow the Software to communicate your registration information to a remote server. Any personal information you provide to Metafy is governed by the Metafy Privacy Policy at http://www.metafy.com/privacy/index.html 2.00 General The software and documentation accompanying this License whether supplied on disk or on network media (the Software) are licensed, not sold, to you by Metafy, LLC (Metafy) for use only under the terms of this License agreement, and Metafy reserves all rights not expressly granted to you. Any rights granted under this License are limited to Metafy and its licensors' intellectual property rights in the Metafy Software and do not include any other patent or intellectual property rights. You own the media on which the Metafy Software is recorded, but ownership of the Software itself is retained by Metafy and/or Metafy's licensors. All title, ownership, rights, and intellectual property rights in and to the software and documentation shall remain with Metafy and/or its suppliers. The software is protected by the copyright laws of the United States and international copyright treaties. Title, ownership rights and intellectual property rights in and to the content accessed through the software including the content contained in the software media demonstration files, shall be retained by the applicable content owners and may be protected by applicable copyright or other law. This license gives you no rights to any such content. These terms will govern any upgrades that replace or supplement the original software provided by Metafy, unless the upgrade includes a separate license, in which case that license's terms will govern. You agree and understand that Metafy Software is provided primarily for business, not personal, applications. 3.00 Permitted License Uses and Restrictions This License permits you to install and use one copy of the Software on a single computer at a time. This License does not allow the software to exist on more than one computer at a time or on a network used by multiple users. You may only make one copy in machine readable form for backup purpose only, and the backup copy must include all copyrights and proprietary notices on the original as well as include this agreement. Except as and only to the extent expressly permitted in this license or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify or create derivative works of the software or any part thereof. The Software may be used to reproduce materials so long as they are: non-copyrighted materials, your copyrighted material, or materials you have the right to reproduce. The Software may be used to access services on a local or remote machine so long as you have authorized access to the services. You are responsible for any and all telecommunications or other connectivity charges incurred by using the Software. The Software may not be used to violate the privacy or constitutional rights of another human being (natural person). METAFY SOFTWARE IS NOT INTENDED FOR USE IN OPERATION OF LIFE SUPPORT MACHINES, NUCLEAR FACILITIES, AIRCRAFT NAVIGATION AND COMMUNICATIONS SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR OTHER EQUIPMENT OR SYSTEMS IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. Furthermore, you may not use the software in an attempt to, or in conjunction with any device, program or service designed to, circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction. In the event that the software is a "Beta" release or other pre-release version, your license to use the Software expires 180 days after installation (or such other period as indicated by the software) and the software will cease to function at a date determined by Metafy's sole discretion. The pre-release software you are receiving may contain more or fewer features than the commercial release of the final product that Metafy intends to distribute. While Metafy intends to distribute commercial releases of the software, Metafy reserves the right at any time not to release a commercial version of the software or, if released, to modify licensing terms, features, specifications, capabilities, functions, general availability, release dates or other characteristics of any subsequent commercial release. You agree that the "Beta" release or pre-release versions are NOT suitable for production use, may contain serious errors affecting their proper operation and that of your computing system, and may not provide any forward document or data compatibility with any subsequent releases. You agree that you will not do anything to circumvent or defeat the features designed to stop any version of the Software from operating after the license, testing or trial period expires. The Software consists of interactive Internet capabilities that perform a variety of communications over the Internet as part of the normal operations. Several communications features are automatic and are enabled by default. By installing and/or using the Software, you consent to the Software's communication features. User information including encrypted versions of your license key and user id (e-mail) may be sent to Metafy's servers to check for updates and confirm license compliance. Metafy may match the transmitted data to personally identifiable information in order to provide you with upgrade information or other notices. 4.00 Transfer You may not sell, rent, lease, lend or sublicense the Software. You may, however, make a one-time permanent transfer of all your license rights to the Software to another party, provided that: (1) the transfer must include all of the Software, including all its component parts, original media, printed materials and this License; (2) you do not retain any copies of the Software, full or partial, including copies stored on a computer or other storage device; (3) the party receiving the Software reads and agrees to accept the terms of conditions of this License; (4) the transfer is recorded by notice to Metafy, either by acknowledged e-mail or postal mail. 5.00 Termination This License is Effective until Terminated as provided herin. Your rights under this license will terminate automatically and without notice if you fail to comply with any of the terms of this License Agreement. Upon termination, you shall cease any and all use of the Software and destroy all full or partial copies of the Software 6.00 Limited Warranty on Media Metafy warrants the physical recordable media on which the Software is delivered to be free from defects in materials and workmanship under normal use for a period of thirty (30) days from the date of original retail purchase. No warranty on media is provided for electronically delivered software. Your exclusive remedy under this section shall be, at Metafy's option, a refund of the purchase price of the product containing the Metafy Software or replacement of the Metafy Software which is returned to Metafy or a Metafy authorized representative with a copy of the purchase receipt. For electronic distribution, your exclusive remedy is to replace your downloaded copy by downloading a new copy. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE ORIGINAL DATE OF RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY ON THE MEDIA SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. 7.00 Disclaimer of Warranties BY USING THIS SOFTWARE YOU ACKNOWLEDGE AND AGREE THAT USE OF THIS SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTION OF QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THIS SOFTWARE IS PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXCEPT AS SUBJECT TO THE LIMITATIONS OF WARRANTIES HEREIN, METAFY LLC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THIS SOFTWARE, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. METAFY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THIS SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THIS SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THIS SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THIS SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY METAFY OR ANYONE ELSE SHALL CREATE A WARRANTY. SHOULD THIS SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. 8.00 Limitation of Liability TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL METAFY LLC BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THIS SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF METAFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL METAFY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT YOU PAID FOR THE SOFTWARE (IF ANY), OR TEN DOLLARS ($10.00), WHICHEVER IS LESS. THE FOREGOING LIMITATION WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 9.00 Indemnification Metafy Software is intended for use only with properly licensed content and media materials and tools. You agree that it is your responsibility to ascertain whether any copyright, patent or other licenses are necessary and to obtain any such licenses to download, create, serve, redistribute, or modify any content and media. You agree to access, transmit, download and store only those materials for which you have the necessary permissions, licenses, clearances and/or usage rights. You agree that you will indemnify, defend and hold harmless Metafy LLC, its officers, directors and employees from and against any losses, damages, fines, expenses and attorney's fees and costs arising out of or relating to any claims that you have either: viewed, downloaded, copied, transmitted or distributed any materials in connection with Metafy Software in violation of another party's rights or in violation of any law; or, violated any terms of this License Agreement. Should you import Metafy Software to another country from the United States, you will indemnify and hold Metafy LLC harmless from and against any import and export duties or other claims arising from any import- or exportation. 10.00 Export Law Assurances You may not use or otherwise export or reexport the Metafy Software except as authorized by United States law and the laws of the jurisdiction in which the Metafy Software was obtained. In particular, but without limitation, the Metafy Software may not be exported or re-exported (1) into (or to a national or resident of) any U.S. embargoed country (e.g.: Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria), or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Metafy software, you represent and warrant that you are not on any such list or located in, under control of, or a national or resident of any such country. 11.00 Government End Users The Metafy Software and related documentation are "Commercial Items," as that term is defined at 48 C.F.R. S 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. S 12.212 or 48 C.F.R. S227.7202, as applicable. Consistent with 48 C.F.R. S12.212 or 48 C.F.R. S227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (1) only as Commercial Items and (2) with only those rights as are granted to all other end users pursuant to the terms and conditions in this License Agreement. Unpublished rights are reserved under the copyright laws of the United States. 12.00 Controlling Law, Severability, Arbitration This License will be governed by and construed in accordance with the laws of the State of Colorado, as applied to agreements entered into and to be performed entirely within Colorado between Colorado residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforcable, the remainder of this License Agreement shall continue in full force and effect. You and Metafy agree that the exclusive remedy for all disputes and claims relating in any way to or arising out of this Agreement or your use of the Software shall be final and binding arbitration, conducted under the Commercial Arbitration Rules of the American Arbitration Association in the State of Colorado in the venue of Boulder, Colorado. Metafy reserves the right to seek injunctive or other appropriate relief in any court of competent jurisdiction for any breach of or indicated intention to breach this Agreement in any manner by you which violates or may violate Metafy's intellectual property rights, or may cause continuing or irreparable harm to Metafy (including, but not limited to, any breach that may impact Metafy's intellectual property rights, or a breach by reverse engineering). The prevailing party shall be entitled to recover reasonable attorney's fees and court costs. You consent to the jurisdiction of the courts located in the State of Colorado. 13.00 Complete Agreement, Governing Language This License constitutes the entire agreement between the parties and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendments to or modifications of this License will be binding unless made in writing and signed by Metafy. Translation of this License may be done for local requirements, but in the event of any dispute between the English and non-English versions, the English version of this License shall govern. This license contains legal rights, and you may want to consult with an attorney. 14.00 Special Notice(s) Anthracite uses GSNSDataExtensions, Copyright 2001 by Kyle Hammond, with permission. Anthracite uses base64.c, Copyright 1997 by Dave Winer, with permission. Stickler! uses Unibody(tm) font by Underware, Den Haag, the Netherlands 15.00 Third Party Software Terms and Conditions Third-party software may be accessed from within the Metafy software by means of external commands. Any such use of third-party software requires you to abide by the license terms and conditions of that software, compliance with which you agree is your sole responsibility. Use of the Google API in Anthracite requires you to obtain your own Google API Key and abide by Google's license and terms of use. 16.00 "Private Label" / OEM Versions "Trickler" is a private label version of Stickler! created for the "Truemors" website, credit for the name goes to Guy Kawasaki. Copyright (c) 2003-2007, Metafy, LLC and/or its suppliers and licensors. All Rights Reserved. Metafy, Anthracite, Stickler!, Trickler and Arugula are trademarks of Metafy, LLC. Metafy LLC, PO Box J, Boulder, CO 80306, U.S.A.