DATAFORCE BROKERFORCE, BROKERFORCE UTILITY, POCKETREP AND SOFTWARE RELATED COMPONENTS. END-USER LICENSE AGREEMENT FOR DATAFORCE SOFTWARE IMPORTANT-READ CAREFULLY: This DataForce End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and DataForce, Inc. for the DataForce 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, do not install or use the SOFTWARE PRODUCT. If the SOFTWARE PRODUCT was purchased by you, you may return it to DataForce, Inc. for a full refund. 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, not sold. 1.GRANT OF LICENSE. The SOFTWARE PRODUCT is licensed as follows: * Installation and Use. DataForce grants you the right to install and use copies of the SOFTWARE PRODUCT on your computers running validly licensed copies of the operating system for which the SOFTWARE PRODUCT was designed [e.g., Windows(r) 95; Windows NT(r),etc.]. * Backup Copies. You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes. * Number of Copies. You may install one copy of the program for each station license granted by DataForce, Inc. For the Solo version only, you may install one copy on a fixed machine and one copy on a portable for which you are the primary user of both and for which there is only one active copy of the data. * Components. Certain software components of the SOFTWARE PRODUCT are subject to the following additional provisions: CommDlg.OCX. You may only use copies of the CommDlg component on computer(s) for which you have licensed Microsoft Windows operating system platforms. 2.DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. * Maintenance of Copyright Notices. You must not remove or alter any copyright notices on any 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, 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. * Support Services. DataForce may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the DataForce polices and programs described in the user manual, in "on line" documentation and/or other DataForce-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to DataForce as part of the Support Services, DataForce may use such information for its business purposes, including for product support and development. DataForce will not utilize such technical information in a form that personally identifies you. * Compliance with Applicable Laws. You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT. 3. TERMINATION. Without prejudice to any other rights, DataForce 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. COPYRIGHT. All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by DataForce 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 DataForce. 5. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is DataForce, Inc./246 W. Walnut St./Louisville, CO 80027. 6. NO WARRANTIES. DataForce 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. 7. LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall DataForce 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 DataForce has been advised of the possibility of such damages. In any case, DataForce's 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 DataForce Support Services Agreement, DataForce's 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 of liability, the above limitation may not apply to you. 8. MISCELLANEOUS. This EULA is governed by the laws of the State of Colorado, U.S.A. Should you have any questions concerning this EULA, or if you desire to contact DataForce for any reason, please contact or write: DataForce, Inc./246 W. Walnut St./Louisville, CO /80027.