SINGLE SERVER LICENSE AGREEMENT FOR SMARTEK'S MESSAGE BOARD LISTING SOFTWARE IMPORTANT, READ CAREFULLY SOFTWARE PRODUCT LICENSE The SOFTWARE is protected by national copyright laws and international treaties, as well as other intellectual property laws and treaties. The SOFTWARE IS LICENSED, NOT SOLD. This document represents a Legal Agreement between YOU (either as an individual or a single entity) and SMARTEK (hereinafter referred to as "SMARTEK" for the SOFTWARE product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE"). The SOFTWARE also includes any updates and supplements to the original software product provided to YOU by "SMARTEK". By installing, copying, downloading, accessing or otherwise using the SOFTWARE, YOU agree to be bound by the terms of this LICENSE AGREEMENT. If YOU do not agree to the terms of this license agreement, DO NOT INSTALL OR USE THE SOFTWARE, you may, however, return it to your place of purchase for a full refund. 1. GRANT OF LICENSE: Subject to the remaining terms of this agreement and to payment of applicable license fees, YOU, as an individual are granted a personal, sole, nontransferable, nonexclusive license to use the SOFTWARE on one computer with one domain name or multiple domain names pointing to same TCP/IP Address, BUT NOT BOTH. If you are a corporation or other non-individual entity, you shall designate one individual within your organization who shall have the above right to use the SOFTWARE. All use of the SOFTWARE is subject to the requirement that the person accessing the SOFTWARE is the designated user or his authorized delegate pursuant to this LICENSE AGREEMENT. 2. COPIES: You may make additional copies of the SOFTWARE necessarily incidental to the use of the program or for archival purposes provided each such copy shall be treated in the same manner as the terms and conditions contemplated by this LICENSE AGREEMENT. You may not permit other individuals to use the SOFTWARE except in accordance with the terms of this AGREEMENT. You may not remove any proprietary notices, agreements or labels on or accompanying the SOFTWARE. 3. UPDATES: The SOFTWARE and any updates provided pursuant to this Agreement or pursuant to any support agreement with "SMARTEK" for the SOFTWARE ("Updates") are licensed as a single product; the Updates may not be separated from the SOFTWARE for use by more than one user. 4. BREACH: This AGREEMENT will automatically terminate if you materially breach any provision of this AGREEMENT including non-payment of the license fee. Upon termination, you agree to cease all use of the SOFTWARE and to destroy all associated written materials and copies of the SOFTWARE in your possession and provide "SMARTEK" with written confirmation of such actions having been taken.. 5. OWNERSHIP AND RESTRICTIONS: The SOFTWARE is owned by "SMARTEK" ; this LICENSE AGREEMENT does not constitute a sale of the SOFTWARE. The SOFTWARE is protected by copyright law, and its structure, organization and code are valuable trade secrets of "SMARTEK". You may not rent, lease, or sublicense the SOFTWARE. You may not reverse engineer, decompile, translate, decrypt encrypted pages or disassemble the SOFTWARE. This AGREEMENT is not assignable or transferable without the express written consent of "SMARTEK". This AGREEMENT may be modified only in writing signed by an authorized employee of "SMARTEK". 6. LIMITED WARRANTY: "SMARTEK" warrants that the software will perform substantially in accordance with the accompanying written materials for a period of thirty days (30) from the date of receipt. "SMARTEK'S" entire liability and your exclusive remedy under any warranty or legal theory shall be replacement of the SOFTWARE orreturn of the price paid. 7. "SMARTEK" disclaims all other warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, with respect to the SOFTWARE, and the accompanying written materials. This warranty and remedies set forth above are exclusive and in lieu of any other warranty, oral or written, express or implied. 8. LIMITATION OF LIABILITY: (a) "SMARTEK" shall not be liable to YOU for any loss or damage howsoever caused arising directly or indirectly in connection with this LICENSE, the SOFTWARE, its use or otherwise, except to the extent that such liability may not be lawfully excluded under the applicable law. b. Notwithstanding the generality of (a) above, "SMARTEK" expressly excludes liability for indirect, special, incidental or consequential loss or damage which may arise in respect of the SOFTWARE, its use, in respect of other equipment or property, or for loss of profit, business revenue, goodwill or anticipated savings. c. In the event that any exclusion contained in this AGREEMENT shall be held to be invalid for any reason and "SMARTEK" becomes liable for loss or damage that may lawfully be limited, such liability shall be limited to the license fee paid by YOU for the SOFTWARE. 1. FORCE MAJEURE: "SMARTEK" shall be under no liability to YOU in respect of anything which, apart from this provision, may constitute breach of this LICENSE AGREEMENT arising by reason of force majeure. 2. U.S. GOVERNMENT RESTRICTED RIGHTS: The SOFTWARE and/or user documentation are provided with RESTRICTED AND LIMITED RIGHTS. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set for the FAR 52.227-14 (June 1987) alternate III(g)(3) (June 1987), FAR 52.227-19 (June, 1987), or DFARS 252.227-7013<c>(1)(ii) (June, 1987, as applicable. Contractor is: SMARTEK, 550 Valley Lane, Atlanta, GA 30328. 3. APPLICABLE LAW: This LICENSE AGREEMENT shall be interpreted in accordance with, and governed by, the laws in force in the State of Georiga, USA, excluding the application of its conflict of law rules. If any provision of this AGREEMENT shall be held invalid, unlawful or unenforceable, such provision shall to that extent be severed from the remaining terms so that this AGREEMENT shall otherwise remain in full force and effect, and enforceable.