AirZip Internet Explorer Plug-in Release 2.2.0.0 License Agreement

AIRZIP SOFTWARE END USER LICENSE AGREEMENT FOR DESKTOP USE ONLY

IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU AND AIRZIP. READ IT CAREFULLY BEFORE USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY SELECTING THE DOWNLOAD OR INSTALL NOW BUTTON AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN UNINSTALL THE SOFTWARE FROM YOUR COMPUTER.

1. LICENSE GRANT. AirZip grants to you a personal, non-exclusive, non-transferable right to use one copy of the specified version of the Software on a single computer. The Software may not be used on more than one computer or accessed by more than one user at a time. The Software is "in use" on a computer when it is loaded into the temporary memory (i.e. RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer. This License authorizes you to make one copy of the Software solely for backup or archival purposes, provided that any copy must contain all of the Software's proprietary notices.

2. TERM. You may terminate this Agreement at any time by destroying all copies of the Software and related documentation or by returning all of such copies to AirZip. This Agreement will terminate automatically if you fail to comply with any of its terms or restrictions, including any attempt to transfer any copy of the Software to another party or any attempt to modify the Software. Upon termination for any reason, you agree that you will destroy all copies of the Software and related documentation or return all such copies to Licensor.

3. OWNERSHIP RIGHTS. The Software is protected by United States copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of AirZip or its suppliers, and you will not acquire any rights to the Software except as expressly set forth in this license. You agree that any copies of the Software will contain the same proprietary notices which appear on and in the Software.

4. RESTRICTIONS. The Software is for your internal use only and may not be used for the benefit of any third party. You may not rent, lease, loan or resell the Software, or permit a timesharing, service bureau or other arrangement using the Software that provides third parties with the benefit of the functionality of the Software. You may not use the Software on a network or make it accessible on any network. You may not transfer your rights under this License. You may not copy any Documentation accompanying the Software. You may not reverse engineer, decompile, or disassemble the Software, except to the extent the foregoing restriction is expressly prohibited by applicable law. You may not modify, or create derivative works based upon the Software in whole or in part. You may not copy the Software except as expressly permitted in Section 1 above. You may not remove any proprietary notices or labels on the Software. All rights not expressly licensed hereunder are reserved by AirZip.

5. WARRANTY DISCLAIMER. The Software is provided on an "AS IS" basis without warranty of any kind, express or implied. WITHOUT LIMITING THE FOREGOING, YOU ASSUME RESPONSIBILITY FOR SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING DOCUMENTATION. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. The foregoing shall be enforceable to the maximum extent permitted by applicable law.

6. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL AIRZIP OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DAMAGES IN EXCESS OF COMPANY'S LIST PRICE FOR A LICENSE TO THE SOFTWARE, EVEN IF COMPANY SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. The foregoing shall be enforceable to the maximum extent permitted by applicable law.

7. PRODUCT MAINTENANCE. AirZip as the licensor is not obligated to provide maintenance or updates of the Software or Documentation to you, except such publicly available help resources as AirZip may, in its sole discretion, offer on its Website at www.airzip.com. Such maintenance or updates shall be covered by this Agreement.

8. U.S. GOVERNMENT. The Software and accompanying Documentation are deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Software and accompanying Documentation by the U.S. Government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement.

9. EXPORT CONTROLS. Neither the Software nor the Documentation and underlying information or technology may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korean, Sudan, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Denial Orders. By downloading or using the Software you are agreeing to the foregoing and you are certifying that you are not located in, under the control of, or a national or resident of any such country or on any such list. In addition, you are responsible for complying with any and all local laws in your jurisdiction which may impact your right to import, export or use the Software. If the Software is identified as a not-for-export product by Company, then, unless you obtain an exemption from the United States Department of State, the following applies: Except for export to Canada for use in Canada by Canadian citizens, the Software and any underlying technology may not be exported outside the United States or to any foreign entity or "foreign persons" as defined by U.S. government regulations, including without limitation, anyone who is not a citizen, national or lawful permanent resident of the United States. By downloading or using the Software you are agreeing and certifying that you are not a "foreign person" or under the control of a "foreign person."

10. HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of the Software could lead directly to death, personal injury, or severe physical or property damage (collectively, "High Risk Activities"). Company expressly disclaims any express or implied warranty of fitness for High Risk Activities.

11. MISCELLANEOUS. This License is governed by the laws of the United States and the State of California, without reference to conflict of laws principles. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This License is the entire agreement between the parties and supersedes any other communications with respect to the Software and Documentation. This License may not be modified except by a written addendum issued by a duly authorized representative of AirZip. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by AirZip. If any provision of this License is held invalid, the remainder of this License shall continue in full force and effect. The parties confirm that it is their wish that this License has been written in the English language only. Les parties aux pr¨¦sentes confirment leur volont¨¦ qui cette convention de m¨¦me que tous les documents y compris tout avis qui s'y rattache, soient r¨¦dig¨¦s en langue anglaise.

12. COMPANY CUSTOMER CONTACT. If you would like to contact Company for any other reason, please email us at support@airzip.com or write us at AirZip, Inc., 460 El Camino Real, Suite 220, Samta Clara, CA 95050.

AirZip is a registered trademark of AirZip, Inc. Unauthorized use prohibited.

(Rev. 1.3, 02/2006)