END-USER LICENSE AGREEMENT FOR FINE POINT TECHNOLOGIES INC.'S WINPOET(tm) SOFTWARE PRODUCT

IMPORTANT! READ CAREFULLY!

NOTICE TO END USER: CAREFULLY READ THE FOLLOWING AGREEMENT. IF YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK ACCEPT. IF YOU DO NOT AGREE, CLICK CANCEL AND PROMPTLY RETURN THE SOFTWARE TO FINE POINT TECHNOLOGIES INC.

This End-User License Agreement (EULA) is a legal agreement between you (either an individual or a single entity) and Fine Point Technologies, Inc. for the software product identified above, which includes computer software and associated media and printed materials (if any), and may include online or electronic documentation (SOFTWARE PRODUCT or SOFTWARE). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this Agreement, you are not authorized to use the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

1.  GRANT OF LICENSE.
This EULA grants you the following rights for use and copy:
Fine Point Technologies, Inc. grants to you the right to use one copy of the SOFTWARE PRODUCT per license purchased. You may make copies of the SOFTWARE PRODUCT for backup and archival purposes only. Each computer that this SOFTWARE PRODUCT is copied to must have a LICENSE.

2.  RESTRICTIONS.
You may not distribute copies of the SOFTWARE to any customers or third parties. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not rent or lease the SOFTWARE PRODUCT.

3.  TERMINATION.
Fine Point Technologies, Inc. may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT.

4.  COPYRIGHT. 
All title and copyrights in and to the SOFTWARE PRODUCT and any copies thereof are owned by Fine Point Technologies, Inc. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content.

5.  U.S. GOVERNMENT RESTRICTED RIGHTS.
The SOFTWARE PRODUCT is provided with RESTRICTED RIGHTS. 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 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Fine Point Technologies, Inc., 500 Wind River Way, Alameda, CA, 94501-1153, U.S.A.

6.  NO WARRANTY.
Any use of the SOFTWARE PRODUCT is at your own risk. To the maximum extent permitted by applicable law, Fine Point Technologies, Inc. disclaims all warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and noninfringement. 

7.  NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
To the maximum extent permitted by applicable law, in no event shall Fine Point Technologies, Inc. or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCT, even if Fine Point Technologies, Inc., has been advised of the possibility of such damages. Because some states and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

8.  LIMITATION OF LIABILITY.
Fine Point Technologies, Inc. entire liability and your exclusive remedy under this EULA shall not exceed 2 dollars (U.S. $2.00). 

9.  MISCELLANEOUS.
This EULA is governed by the laws of the State of New York, U.S.A. Should you have any questions concerning this EULA, or if you desire to contact Wind River for any reason, please write to: Fine Point Technologies, Inc., 90 John Street Suite 311 New York, NY, U.S.A.

