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GRAPHICS SERVER TECHNOLOGIES LICENSE AGREEMENT

IMPORTANT INFORMATION - READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Graphics Server Technologies, L.P. ("Graphics Server Technologies") for the use of the Graphics Server software, including any upgrades thereof, which include computer software or any associated media and printed materials, including online documentation (collectively, the "Software"). The software is licensed, not sold and the rights granted under this Agreement are only effective upon payment of license fees. By installing or otherwise using the Software, you agree to be bound by the terms of this EULA. This EULA replaces any other EULA distributed online or on any other media, including CDs.

1. SOFTWARE LICENSE GRANT. Graphics Server Technologies grants to you (the person or entity who acquired this license) a nonexclusive right to use one copy of the enclosed software program and accompanying documentation on a single terminal connected to a single computer in accordance with the terms of this agreement. You may use the Software on a network only if each person using the Software on the network has a licensed copy of the Software. You may not use, copy, modify or transfer the Software or any copy thereof, except as expressly provided in this Agreement.

2. DEVELOPMENT AND DISTRIBUTION OF USER APPLICATIONS. Graphics Server Technologies grants to you the nonexclusive right to use, reproduce, and distribute the portions of the Software clearly designated by Graphics Server Technologies as those which may be compiled into an application you develop (a "User Application"), but only as part of User Applications, and only in accordance with the terms of this Agreement.

Your license rights include the right to perform this compilation and to distribute User Applications, provided (a) you do not distribute the source code for the User Application, (b) you do not distribute, bundle, wrap or subclass the Software, and as a component, which, when used in a Design Time development environment exposes the programmatic interface of the Software, (c) the User Application does not function as a substitute for the Software (any report writing function you develop that is not tied to a fixed data source [i.e. a report writing function that is portable from one application to another] shall constitute a substitute for the Software and thus may not be distributed by you in any User Application). For those User Applications you develop in which it is impossible to conceal the source code from the user, you must include in the license terms and conditions for the User Application a statement clearly advising the user that the relevant source code is owned by Graphics Server Technologies, and that modification, reproduction and distribution of the User Application are strictly prohibited without a license from Graphics Server Technologies for such source code.

The license is granted provided you also (a) include Graphics Server Technologies' copyright notice for the Software on your product label or in the "About Box" of your application; (b) do not use Graphics Server Technologies' name, logo, or trademarks to market your application or application component without the express written consent of Graphics Server Technologies.

3. COPYRIGHT. The Software is owned by Graphics Server Technologies. The Software is licensed to you not sold. The Software is protected by copyright laws and international treaty provisions. You may not copy any portion of the Software, except that you may either (a) make one copy of the Software solely for backup or archival purposes, or (b) transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy any portion of the documentation accompanying the Software. You may not remove or omit any copyright or other proprietary rights notices from the Software, or any copies thereof.

4. PROPRIETARY RIGHTS. All copyright, patent, trade secret, trademark, and other intellectual and proprietary rights in the Software are and shall remain the valuable property of Graphics Server Technologies, or of the Author of the Software. You agree to take all necessary steps to ensure that the provisions of this agreement are not violated by you or by any person under your control or in your service. You acknowledge that you have no right, title or interest in the Software, except as licensee hereunder.

5. RESTRICTIONS. You may not assign, license, loan, rent, or lease the Software or the documentation. You may transfer your rights under this agreement on a permanent basis if you provide the transferee with all copies of the Software and documentation and retain no copies and if the transferee agrees in writing to be bound by this agreement. You may not, and shall not allow any third party to, reverse-engineer, decompile, disassemble, tamper with, or alter the Software.

6. LIMITED WARRANTY. Graphics Server Technologies warrants to you, as the original Licensee, that the Software will operate substantially in accordance with its accompanying documentation for a period of ninety days from the date of delivery. This warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. YOU ARE THE ONLY BENEFICIARY OF THIS WARRANTY. YOU MAY NOT PASS THIS WARRANTY ON TO OTHERS, INCLUDING THOSE WHO ACQUIRE USER APPLICATIONS.

7. CUSTOMER REMEDIES. In order to make a claim under the warranty, you must send the Software to Graphics Server Technologies, together with a description of the problem encountered and an invoice for the Software purchase. Graphics Server Technologies' entire liability and your exclusive remedy shall be, at Graphics Server Technologies' option, either (a) repair or replacement of the Software, or (b) termination of this Agreement and return of the price paid. Any replacement Software will be warranted for the remainder of the original warranty period or thirty days, whichever is longer.

8. NO OTHER WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SOFTWARE IS PROVIDED "AS IS," AND GRAPHICS SERVER TECHNOLOGIES DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS: YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

9. LIMITATION ON LIABILITY. IN NO EVENT SHALL GRAPHICS SERVER TECHNOLOGIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL CONSEQUENTIAL, SPECIAL OR DIRECT DAMAGES, OR DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROFITS OR DATA, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION EVEN IF GRAPHICS SERVER TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL GRAPHICS SERVER TECHNOLOGIES' LIABILITY EXCEED THE FEES PAID BY YOU FOR THE SOFTWARE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

10. INDEMNIFICATION OF GRAPHICS SERVER TECHNOLOGIES. You agree to indemnify and defend Graphics Server Technologies and its affiliates from and against any and all claims, suits, damages, and expenses, including attorneys' fees, arising from or related to your use of the Software, your breach of any term of this Agreement, any User Application or any distribution by you of any Runtime Modules.

11. TERM. This license remains effective until terminated. You may terminate it by destroying the Software and accompanying documentation and all copies thereof. This license will also terminate if you fail to comply with any term or condition herein. You agree, upon such termination, to destroy all copies of the Software and accompanying documentation and cease distributing applications that include the Software in any form.

12. U.S. GOVERNMENT RESTRICTED RIGHTS. The Software and Documentation are provided with "Restricted Rights" for any U.S. Government Licensee. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions as set forth in subparagraphs (c)(1) and (2) of the "Commercial Computer Software -- Restricted Rights" clause at 48 CFR Part 52.227-19 or subparagraph (c)(1)(ii) of the "Rights in Technical Data and Computer Software" clause at 48 CFR Part 252.227-7013, as applicable. Contractor/manufacturer is Graphics Server Technologies, L.P., PO Box 4545, Seattle, WA 98104.

13. EXPORT LICENSING. Licensee shall not export or reexport, directly or indirectly, the Software or the accompanying documentation to any countries outside the United States except as permitted under the U.S. Commerce Department's Export Administration Regulations.

14. GENERAL

Should you have any questions concerning this Agreement, or if you desire to contact Graphics Server Technologies for any reason, please contact:

Graphics Server Technologies, L.P.
PO Box 4545
Seattle, WA 98104
206-625-6900
206-625-9102 - fax