Browser License

WYZO BROWSER END-USER LICENSE AGREEMENT

March 2007

PLEASE READ THIS END USER LICENSE AGREEMENT AND PRIVACY POLICY CAREFULLY AND MAKE SURE YOU UNDERSTAND THEM.

The accompanying executable code version of the Wyzo browser and related documentation ("Product") is made available under the terms of this End-User License Agreement ("Agreement"). IF YOU CLICK "ACCEPT" OR INSTALL OR USE THE PRODUCT, YOU CONSENT TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS HEREIN, DO NOT CLICK "ACCEPT" AND DO NOT INSTALL OR USE THIS PRODUCT. Source code for parts of this Product is available for use, modification and distribution under open source licenses at www.wyzo.com

Wyzo grants you a non-exclusive license to use the executable code version of the Product. Wyzo and its licensors shall retain all intellectual property rights in the Product, except for the rights expressly granted in this Agreement. You may not remove or alter any trademark, or logo (collectively, "Marks"), copyright or other proprietary notice on the Product. This license does not grant you any right to use Marks of Wyzo or its licensors. If you breach this Agreement, the above license and your right to use the Product will terminate immediately and without notice, but all other terms of this Agreement will survive termination and continue in effect. Upon termination, you must destroy all copies of the Product.

THIS PRODUCT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. UNLESS REQUIRED BY LAW, WYZO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA AND COMPUTER MALFUNCTION), WHETHER IN AN ACTION BASED IN CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WYZO'S LIABILITY UNDER THIS AGREEMENT IS LIMITED TO THE GREATER OF THE FEES PAID BY YOU UNDER THIS LICENSE, AND US$100.

This Agreement contains the entire understanding between the parties with respect to the Product, and may only be amended in writing by authorized representatives of both parties. You may not assign this Agreement or any rights or obligations hereunder without Wyzo's prior written consent. You may not download, use or otherwise export the Product except in compliance with all applicable laws and regulations. The Product is a "commercial item" under 48 C.F.R. 2.101 and includes "commercial computer software" and "commercial computer software documentation," per 48 C.F.R. §12.212 (Sept. 1995) and §227.7202 (June 1995). Consistent with these sections and 48 C.F.R. 27.405(b)(2) (June 1998), all government users acquire the Product with only the rights set forth herein. This Agreement will be governed by the laws of California, excluding its conflict of law provisions. Any dispute under this Agreement shall be decided exclusively by state or federal courts in Santa Clara County, California, and the parties consent to such jurisdiction and venue. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. Failure to enforce any provision of this Agreement is not a waiver of future enforcement of that or any other provision.

PRIVACY INFORMATION By accepting the Licence you also agree that Wyzo may collect and process information which you provide in registering for and/or installing of the Browser ("Personal Data") in accordance with Wyzo's privacy policy current at the relevant time and as posted and updated on the website. You agree that you will provide accurate Personal Data and that you will update the same as and when necessary ensuring at all times that such information remains accurate.