End-User License Agreement

NOTICE TO USER: THIS IS A LEGAL CONTRACT. PLEASE READ THIS AGREEMENT CAREFULLY AND FULLY UNDERSTAND ALL ITS TERMS AND CONDITIONS. YOU ARE ADVISED TO PRINT A HARD-COPY OF THIS END-USER LICENSE AGREEMENT FOR CONVENIENCE OF REFERENCE. At the end, you will be asked to either ACCEPT this Agreement in order to continue with the download, or to DECLINE this Agreement in which case you will not be able to download. DOWNLOADING OF SOFTWARE, DOCUMENTATION OR OTHER INFORMATION FROM VIDEOMAIL'S WEBSITE IS PERMITTED ONLY IF YOU ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT IN ITS ENTIRETY. PERMISSION TO DOWNLOAD SOFTWARE, DOCUMENTATION OR OTHER INFORMATION FROM VIDEOMAIL'S WEBSITE IS NOT OFFERED AS AN INCENTIVE FOR YOU TO ACCEPT THIS AGREEMENT, SHOULD YOU OTHERWISE NOT WISH TO ACCEPT THIS AGREEMENT.

This VIDEOMAIL INCORPORATED ("VIDEOMAIL") End-User License Agreement accompanies all software, documentation and other information supplied with VIDEOMAIL's product(s) or downloaded from VIDEOMAIL's website. The term "software, documentation and other information" shall also include any upgrade(s), modified version(s) or update(s) licensed to you by VIDEOMAIL.

Upon your acceptance of this Agreement, VIDEOMAIL grants to you a non-exclusive license to use the software, documentation and other information supplied with VIDEOMAIL's product(s) or downloaded from VIDEOMAIL's website provided that you agree to the following:

1. Use of the software, documentation and other information supplied with VIDEOMAIL's product(s) or downloaded from VIDEOMAIL's website:
   • You may install the software, documentation and other information on a hard disk or other local storage device; install and use the software, documentation and other information on a file server for use on a local area network of limited scope only for the purposes of (i) permanent installation onto local hard disks or other local storage devices or (ii) use of the software, documentation and other information over such local area network of limited scope; and make backup copies of the software, documentation and other information for limited internal use only.

   • Except as provided above for making backup copies, you may NOT make nor distribute any copies of the software, documentation and other information.

   • You may use software, documentation and other information supplied with VIDEOMAIL's product(s) or downloaded from VIDEOMAIL's website only with products purchased by you from VIDEOMAIL. You are hereby expressly forbidden from using such software, documentation and other information with products not purchased by you from VIDEOMAIL, regardless of the compatibility or incompatibility between such software, documentation and other information and products not purchased by you from VIDEOMAIL.

2. Copyright and Trademark Rights.
   The software, documentation and other information supplied with VIDEOMAIL's product(s) or downloaded from VIDEOMAIL's website is owned by VIDEOMAIL and/or its suppliers, and its structure, organization and code are the valuable trade secrets of VIDEOMAIL and/or its suppliers. The software, documentation and other information is protected by United States Copyright Law and International Treaty provisions. You may use trademarks only insofar as required to comply with Section 1 of this Agreement, and only in accordance with accepted trademark practice, including identification of trademark owner's name. Such use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this Agreement does not grant you any intellectual property rights in the software, documentation and other information supplied with VIDEOMAIL's product(s) or downloaded from VIDEOMAIL's website.

3. Restrictions.
   You agree not to modify, edit, alter, adapt, translate, reverse-engineer, decompile, disassemble or otherwise attempt to discover the source code of the software, documentation and other information supplied with VIDEOMAIL's product(s) or downloaded from VIDEOMAIL's website.

4. No Warranty.
   The software, documentation and other information supplied with VIDEOMAIL's product(s) or downloaded from VIDEOMAIL's website is being delivered to you "AS IS". VIDEOMAIL makes no warranty as to its use or performance. VIDEOMAIL AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, DOCUMENTATION AND OTHER INFORMATION SUPPLIED WITH VIDEOMAIL's PRODUCT(S) OR DOWNLOADED FROM VIDEOMAIL'S WEBSITE. VIDEOMAIL AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE IN REGARD TO SOFTWARE, DOCUMENTATION AND OTHER INFORMATION SUPPLIED WITH VIDEOMAIL's PRODUCT(S) OR DOWNLOADED FROM VIDEOMAIL'S WEBSITE. IN NO EVENT SHALL VIDEOMAIL OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST ASSETS, LOST INCOME OR LOST DATA, OR FOR ANY CLAIM BY ANY THIRD PARTY.

5. Governing Law and General Provisions.
   This Agreement will be governed by the laws of the State of California, U.S.A., excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly EXCLUDED. If any part of this Agreement is found to be void and unenforceable, that will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the software, documentation and other information supplied with VIDEOMAIL's product(s) or downloaded from VIDEOMAIL's website will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. This Agreement shall automatically terminate upon failure by you to comply with any of its terms, upon which you are required to immediately refrain from using any software, documentation and other information supplied with VIDEOMAIL's product(s) or downloaded from VIDEOMAIL's website and to immediately destroy all copies thereof in your possession (including all backup copies). This Agreement may only be modified in writing when signed by an authorized officer of VIDEOMAIL.