PROGRAM LICENSE AGREEMENT FOR IBM PREVIEWS _________________________________________________ This is an IBM license agreement for IBM Previews. The Program contains the following restricted materials: o ToolBook(TM) runtime files copyright Asymetrix(TM) Corp. o Several ToolBook book files copyright IBM Corp. This Program is licensed, not sold. International Busi- ness Machines Corporation, or the applicable IBM country organization, grants you a license for the Program only in the country where you acquired the program. You obtain no rights other than those granted to you under this license. The term "Program" means the original and all whole or partial copies of it, including modified copies or portions merged into other programs. IBM retains title to the Program. IBM owns, or has licensed from the owner, copyrights in the Program. You are responsible for the selection of the Program and for the installation of, use of, and results obtained from, the Program. 1. LICENSE Under this license, you may: a. Use the Program on only one machine at a time, unless otherwise noted b. Copy the Program for backup You may not: a. Use, copy, modify, merge, or transfer copies of the Program except as provided in this Agreement; b. Reverse assemble or reverse compile the Program; or c. Sub-license, rent, lease, or assign the Program. 2. LIMITED WARRANTY This program is provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the Program is with you. Some states, provinces, and other countries do not allow the exclusion of implied warranties, so the above exclusion may not apply. IBM does not warrant that the functions contained in the Program will meet your requirements or that the operation of the Program will be uninterrupted or error free. However, IBM warrants the media on which the Program is furnished, to be free from defects in materials and workmanship under normal use. 3. LIMITATION OF REMEDIES IBM's entire liability and your exclusive remedy shall be: a. The replacement of any diskette or CD-ROM not meeting IBM's "Limited Warranty" on the media and which is returned to IBM or b. If IBM is unable to deliver a replacement diskette or CD-ROM which is free of defects in materials and workmanship, you may terminate this Agreement by returning this Program. In no event will IBM be liable for any lost profits, lost savings, or any incidental damages or other eco- nomic consequential damages, even if IBM has been advised of the possibility of such damages, or for any damages claimed by you based on any third-party claim. The limitation of remedies described in this Section also applies to any developer of a Program supplied to IBM. IBM's and the developer's limitations of remedies are not cumulative. Such developer is an intended beneficiary of this Section. Some jurisdictions do not allow the limitation or exclusion of incidental or consequential damages so the above limitation or exclusion may not apply to you. 4. GENERAL You may terminate your license at any time. IBM may terminate your license if you fail to comply with the terms and conditions of this Agreement. In either event, you must destroy all your copies of the Program. You are responsible for payment of any taxes, including personal property taxes, resulting from this license. Neither party may bring an action, regardless of form, more than two years after the cause of action arose. If you acquired the Program in the United States, this license is governed by the laws of the State of New York. If you acquired the Program in Canada, this license is governed by the laws of the Province of Ontario. Otherwise, this license is governed by the laws of the country in which you acquired the Program. 5. Asymetrix Runtime License Portions of this product are copyrighted (C) by Asymetrix Corporation. All rights reserved. This software is a licensed, published work under the cop- yright laws of the United States and foreign coun- tries. Use, disassembly, and reproduction of this software is restricted by your license and by world- wide copyright laws. Use, duplication, or disclosure by the U.S. Government is subject to restriction as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 (Oct. 1988) and FAR 52.227-19 (June 1987). This pertains to all products of Asymetrix Corporation, 110 110th Avenue Northeast, Suite 700, Bellevue, Washington, 98004.