MADWEB NETWORKS LLC - IRCPLUS 2000 END-USER LICENSE AGREEMENT FOR MADWEB NETWORKS LLC SOFTWARE IMPORTANT-READ CAREFULLY: This MadWeb NetWorks LLC End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and MadWeb NetWorks LLC for the MadWeb NetWorks LLC software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). 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 EULA, 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. The SOFTWARE PRODUCT is licensed under international laws. 1. GRANT OF LICENSE. The SOFTWARE PRODUCT is licensed as follows: * Installation and Use. MadWeb NetWorks LLC grants you the right to install one copy of the Software onto a hard disk or other storage device of up to the Permitted Number of Computers or with a 10-client connection restriction if using software unregistered. * Backup Copies. You may make one backup copy of the Software, provided your backup copy is not installed or used on any computer. 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. * Maintenance of Copyright Notices. You must not remove or alter any copyright notices on all copies of the SOFTWARE PRODUCT. * Distribution. You may not distribute copies of the SOFTWARE PRODUCT to third parties. * Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, patch, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. * Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT. * Transfer. You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA. 3. TERMINATION. Without prejudice to any other rights, MadWeb NetWorks LLC 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. TRANSFER. You may not rent, lease, sublicense or lend the Software. You may, however, transfer all your rights to use the Software to another person or legal entity provided (1) that you transfer this Agreement, the Software, including all copies, updates and prior versions, to such person or entity, (2) that you retain no copies, including copies stored on a computer, (3) you must contact MadWeb NetWorks LLC to provide new licence holders details, and (4) that the receiving party accepts the terms and conditions of this Agreement. 5. COPYRIGHT. All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by MadWeb NetWorks LLC or its suppliers. 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. All rights not expressly granted are reserved by MadWeb NetWorks LLC. 6. EXPORT RESTRICTIONS. You agree that you will not export or re-export the SOFTWARE PRODUCT to any country, person, entity or end user subject to U.S.A. export restrictions. Restricted countries currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria. You warrant and represent that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges. 7. NO WARRANTIES. MadWeb NetWorks LLC expressly disclaims any warranty for the SOFTWARE PRODUCT. THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU. 8. LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall MadWeb NetWorks LLC 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 or the provision of or failure to provide Support Services, even if MadWeb NetWorks LLC has been advised of the possibility of such damages. In any case, MadWeb NetWorks entire liability under any provision of this EULA shall be limited to the greater of the amount actually paid by you for the SOFTWARE PRODUCT or US$5.00; provided however, if you have entered into a MadWeb NetWorks LLC Support Services Agreement, MadWeb NetWorks entire liability regarding Support Services shall be governed by the terms of that agreement. Because some states and jurisdictions do not allow the exclusion or limitation on of liability, the above limitation may not apply to you. 9. MISCELLANEOUS. This EULA is governed by the laws of the State of California, U.S.A. If you acquired this product in Canada, this EULA is governed by the laws of the Province of Ontario, Canada. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Province of Ontario and further agrees to commence any litigation which may arise hereunder in the courts located in the Judicial District of York, Province of Ontario. If this product was acquired outside the United States, then local law may apply. MadWeb NetWorks LLC. 312 Merrill Avenue Fremont, CA 94539 http://www.mad-web.net