License Agreement

IMPORTANT: PLEASE READ THE FOLLOWING LICENSE AGREEMENT CAREFULLY.
BY CLICKING ON THE “ACCEPT “ BUTTON, OR BY INSTALLING, COPYING, DISTRIBUTING, OR OTHERWISE USING THE SOFTWARE, YOU ARE DEEMED TO HAVE AGREED AND ACCEPTED THE TERMS AND CONDITIONS OF THIS AGREEMENT.

1. This LICENSE AGREEMENT is between you and NetDIVE, Inc.

2. Subject to the terms and conditions of this LICENSE AGREEMENT, NetDIVE, Inc.
grants you a non-exclusive, royalty-free, world-wide license to use, distribute, and copy
the OXYGEN Web Browser, provided, however, that the OXYGEN Web Browser’s LICENSE AGREEMENT and NetDIVE’s notice of copyright (Copyright © 2001 NetDIVE, Inc. All rights reserved.) are both retained in the Software or in any copies of the Software.

3. All intellectual property rights such as, but not limited to patents, trademarks, copyrights, or trade secrets related to Oxygen Web Browser are the property of and remain vested in NetDIVE, Inc. and its third party suppliers. Portions of the Software are subject to the Mozilla Public License Version 1.1, to use the software you must comply with the License. You may obtain a copy of the License at http://www.mozilla.org/MPL/

4. You may not remove, modify, or destroy any trademark, copyright, or proprietary notices which appear on or within the OXYGEN Web Browser without written authorization. You may not use the NetDIVE trade name or OXYGEN trademark to endorse or promote products or services affiliated with you, your organization, your company, or any third party without written authorization.

5. YOU ACCEPT AND AGREE THAT THE USE OF THE OXYGEN WEB BROWSER IS AT YOUR OWN RISK AND THAT THE SOFTWARE IS PROVIDED ON AN “AS-IS” BASIS. THE BROWSER IS PROVIDED WITHOUT ANY WARRANTIES OR GUARANTEES WHATSOEVER. NETDIVE, INC. DOES NOT GUARANTEE OR PROMISE THAT THE FUNCTIONS OF THE BROWSER WILL MEET YOUR REQUIREMENTS OR NEEDS OR THAT THE OPERATION OF THE BROWSER WILL BE UNINTERRUPTED OR FREE OF ERRORS.

THE BROWSER IS NOT INTENDED FOR USE IN ONLINE CONTROL OF AIRCRAFT, AIR TRAFFIC, OR AIRCRAFT COMMUNICATIONS, OR AIRCRAFT NAVIGATION; OR IN THE DESIGN, CONSTRUCTION, OPERATION, OR MAINTENANCE OF ANY NUCLEAR FACILITY.

NETDIVE, INC., OXYGEN WEB BROWSER, AND ALL THIRD PARTY SUPPLIERS
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO WARRANTIES RELATED TO NON-INFRINGEMENT, LACK OF VIRUSES,
ACCURACY OF RESULTS, COMPLETENESS OF RESPONSES, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.

IN NO EVENT SHALL NETDIVE, INC. OR ITS THIRD PARTY SUPPLIERS BE LIABLE
FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
OR FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO

DAMAGES FOR LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF
INFORMATION, PERSONAL INJURY, LOSS OF PRIVACY, OTHER PECUNIARY,
OR ANY LOSS WHATSOEVER RELATED TO OR ARISING OUT OF USE OR INABILITY
TO USE THE BROWSER EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. TOTAL LIABILITY OF NETDIVE, INC. OR ITS THIRD PARTY SUPPLIERS
RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID
BY YOU UNDER THIS AGREEMENT. THESE LIMITATIONS SHALL APPLY TO THE
FULLEST EXTENT ALLOWED BY APPLICABLE LAW.

6. This LICENSE AGREEMENT may be terminated by NetDIVE, Inc. (i) immediately upon notice from NetDIVE, Inc. of any material breach by you, if the breach is of such a nature that it cannot be remedied, or (ii) within 30 days following notice from NetDIVE, Inc. to you of a material remediable breach, if you have not remedied such breach within 30 days.

7. You will comply with the U.S. Foreign Corrupt Practices Act and all applicable export laws and regulations of any U.S. or foreign agency or authority. You will not export or re-export, or allow the export or re-export of, any browser or technology or information it obtains or learns pursuant to this Agreement (or any direct product thereof) in violation of any such law or regulation, including export or re-export to Cuba, Iran, Iraq, Libya, North Korea or any other country subject to U.S. trade embargoes, or to any party on the U.S. Export Administration Table of Denial Orders or the U.S. Department of Treasury List of Specially Designated Nationals, or to any prohibited destination in any of the Country Groups specified in the then current Supplement No. 1 to part 740 or the Commerce Control List specified in the then current Supplement to part 738 of the U.S. Export Administration Regulations (or any successor supplement or regulations).

8. NetDIVE Inc.’s privacy statement may be found at: http://www.netdive.com/htms/misc/privacy.htm, and is incorporated in the OXYGEN Web Browser LICENSE AGREEMENT for your reference.

9. This LICENSE AGREEMENT will be governed by the laws of California and the United States without regard to the conflicts of law provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale of Goods. The sole jurisdiction and venue for actions relating to the subject matter of this LICENSE AGREEMENT will be the California state and U.S. federal courts having jurisdiction in San Francisco County, California, and the Parties expressly consent to the jurisdiction of such courts. In any action or proceeding to enforce rights under this LICENSE AGREEMENT, the prevailing Party will be entitled to recover reasonable costs and attorneys’ fees. To the extent that EC law is applicable, the restriction on reverse engineering is limited to prohibit such activity to the maximum extent without violating the EC Directive on the legal protection on computer programs.

10. Copyright © 2001 NetDIVE, Inc., 300 Brannan Street, Suite 305, San Francisco, CA, 94107, USA. All rights reserved. Portions created by Mozilla Organization are Copyright © 1998-2001 Mozilla Organization.

11. The trademarks NetDIVE and OXYGEN are either registered trademarks or trademarks of NetDIVE, Inc. in the U.S. and/or in other countries. Mozilla is a trademark of The Mozilla Organization. Java, Java Runtime Environment, JRE and Sun are trademarks of Sun Microsystems, Inc. Flash Player and Macromedia are trademarks of Macromedia, Inc.

Any inquiries regarding partnering or becoming an OEM of the OXYGEN Web Browser may contact sales@netdive.com.

©2001 NetDIVE, Inc. All rights reserved.