LICENSE AGREEMENT FOR VOLANOMARK(TM) Please read the following Agreement carefully. This product includes software developed by the Apache Software Foundation (http://www.apache.org/). Copyright (c) 1999-2001 The Apache Software Foundation. All rights reserved. See the following files for the corresponding Apache Software Licenses: license-tomcat.txt - the Apache Tomcat license license-xerces.txt - the Apache Xerces license Installation of VolanoMark Server Software Program (hereinafter "Product") is contingent on your (hereinafter "Recipient") agreement to the following terms: 1. GRANT OF LICENSE. (a) Volano grants to Recipient a limited, non-exclusive, nontransferable license to use copies of the executable code of the VolanoMark Server software on computers residing on Recipient's premises. (b) Recipient shall not rent, lease, sell, sublicense, assign, or otherwise transfer Product, including any accompanying documentation or printed materials. Recipient may not reverse engineer, decompile or disassemble the Product. Volano and its suppliers shall retain title and all ownership rights to the Product. 2. PRODUCT MAINTENANCE. Volano is not obligated to provide maintenance or updates to Recipient for the Product. However, any maintenance or updates provided by Volano shall be covered by this Agreement. 3. DISCLAIMER OF WARRANTY. THIS SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY. THIS PROGRAM IS PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES WHATSOEVER. BECAUSE OF THE DIVERSITY OF CONDITIONS AND HARDWARE UNDER WHICH THIS PROGRAM MAY BE USED, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED. THE USER IS ADVISED TO TEST THE PROGRAM THOROUGHLY BEFORE RELYING ON IT. THE USER MUST ASSUME THE ENTIRE RISK OF USING THE PROGRAM. ANY LIABILITY OF SELLER OR MANUFACTURER WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT. 4. GOVERNING LAW; ATTORNEYS FEES. This Agreement shall be governed by the laws of the State of California and Recipient further consents to jurisdiction by the state and federal courts sitting in the State of California. If either Volano or Recipient employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees. 5. ENTIRE AGREEMENT. This Agreement constitutes the complete and exclusive agreement between Volano and Recipient with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. This Agreement may not be modified except in a writing duly signed by an authorized representative of Volano and Recipient.