PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE HOLONET SERVICE ("Service"). YOUR USE OF THE SERVICE IS SUBJECT TO THESE TERMS AND CONDITIONS. YOU MUST MANIFEST YOUR ASSENT TO THESE TERMS AND CONDITIONS AS A PRECONDITION TO USE OF THE SERVICE BY (1) RETURNING A SIGNED HARD COPY OF THIS AGREEMENT OR (2) MANIFESTING YOUR ASSENT ONLINE AT THE APPROPRIATE PROMPT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT PROCEED WITH SIGNING UP FOR THE SERVICE OR OTHERWISE MAKE USE OF THE SERVICE.

1. WARRANTY DISCLAIMERS.
   1. Use of any information obtained via the Service is at your own risk.

      USER acknowledges and agrees that IAT's custom and practice is not to monitor, review, limited, censor, or otherwise control the content transmitted on the system and that it is practicably and technically not feasible for IAT to attempt to do so to any meaningful degree. USER is solely responsible for the results of content transmitted by the system, whether originating with the USER or any other person. WARNING: CERTAIN MATERIAL AVAILABLE THROUGH THE SYSTEM MAY NOT BE SUITABLE FOR INDIVIDUALS UNDER THE AGE OF 18. PARENTS ARE URGED TO EXERT PARENTAL DISCRETION AND CONTROL IN THESE MATTERS. USER warrants and represents that all persons having access to the system via the USER's account are at least 18 years of age. IAT will not be responsible for delivery of adult-oriented material to children. USER is solely responsible for employing filtering programs to prevent unwanted tranmissions.

   2. WARRANTY DISCLAIMER. The System is provided "as is" without warranties of any kind. IAT DISCLAIMS ANY WARRANTIES EXPRESS OR IMPLIED WITH RESPECT TO THE SYSTEM, INCLUDING (BUT NOT LIMITED TO) IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR WHICH OTHERWISE ARISE FROM TRADE USAGE OR COURSE OF DEALING. Some states do not allow the exclusion of implied warranties so the disclaimers set forth herein may not apply in certain states. In that event, any implied warranties are limited in duration to ninety (90) days from the date of commencement of services. This warranty does not apply if the failure of System has resulted from accident, abuse, or misapplication of USER.

      IAT does not warrant or represent the accuracy or quality of information obtained through the Service. IAT is not responsible for any loss resulting from blocking, deletion, or other access limitations, errors in programming, typographical errors, or any other errors, loss of data, delays, non-deliveries, misdeliveries, or service interruptions, whether caused by the Service Provider's negligence or Customer's errors and/or omissions or due to any other cause.

   3. IAT does not warrant any connection to, transmission over, nor results or use of, any network connection or facilities provided (or failed to be provided) under this Agreement. The USER is responsible for assessing its own computer and transmission network needs, and the results to be obtained therefrom. In no event shall IAT be liable for any damages whatsoever, whether based on contract, tort, warranty, or other legal or equitable grounds (including, without limitation, damages for loss of profits, business interruption, loss of information, loss of data, cost of procurement of substitute goods or other pecuniary loss, direct or indirect damages, exemplary damages or consequential damages) arising out of USER's use or inability to use the System, even if IAT has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of liability for consequential or incidental damages, therefore, the above limitation may not apply to USER.

   4. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY IAT, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES OR LIABILITIES AGAINST IAT.

   5. As a condition precedent to obtaining any Customer rights under the terms of this Agreement, Customer specifically agrees that no claims shall be made by Customer against IAT arising from the content of messages published by any other IAT customer or other third party. Any claims between IAT customers, including but not limited to requests for depublication or retraction, shall be resolved between the customers themselves without IAT's involvement.

   6. The USER has no privacy rights in any information sent over the system. By entering into this agreement you specifically acknowledge and agree to be bound by the provisions of the and consent to provide the necessary account set up information and to allow IAT to use and disclose such information in compliance therewith.

2. CUSTOMER'S LIABILITY.
   
   1. It is prohibited to post advertisements to USENET groups which do not explicitly allow advertising in their charter or otherwise. It is prohibited to send unsolicited electronic mail messages. USER agrees to abide by the as published and amended from time to time.

   2. Use of the System is at USER's own risk. USER agreed to indemnify and hold IAT harmless from any and all loss, damages or claims arising from use of the system.

   3. PROHIBITED PRACTICES. This System may only be used for lawful purposes. USERS are prohibited from transmitting via the System any unlawful, or otherwise harmful material nor shall any information or materials be transmitted in violation of any local, state, or Federal law or applicable foreign law, international covenant or treaty. Without limiting the foregoing, USERS are prohibited from sending or receiving information which amount to an infringement, misuse or misappropriation of any person's intellectual property rights; abusive, threatening, defamatory, obscene or offensive material; child pornography; material protected by trade secret; material advocating hatred against an identifiable group; fraudulent credit card information; fraudulent computer information; data which enables breach of firewalls or other forms of unauthorized access to protected files or which interferes or disrupts IAT's systems or Systems; information which involves an invasion of privacy; espionage, including unauthorized use of trade secret materials pursuant to . The use of the System to transmit certain kinds of information (including without limitation, technical data and encryption capable software) in violation of export control laws or other laws of the United States, whether that information is received abroad or by foreign nationals within the United States, is also prohibited. USER shall also bear the sole responsibility for liability arising from the use of the system, including but not limited to liability for unfair competition, unfair or deceptive comparative advertising, or false, misleading, or deceptive practices or violation of regulations.

   4. In the event that IAT or law enforcement authorities determine that inappropriate usage of this account warrants immediate termination, reasonable efforts will be made to inform customer in writing of this action but IAT shall take such further steps as required by law or court order.

   5. IAT reserves the right to delete or limited access to any material in IAT's sole discretion, should such material come to IAT's attention. In such cases, IAT shall attempt to notify customer within 24 hours of such action.

   6. Customer warrants and represents that all information published by Customer via the Service is either owned by Customer or that Customer has obtained the requisite licenses granting Customer permission to electronically publish the material. Notwithstanding these warranties, IAT disclaims any liability for actual or alleged infringement of copyright, patent, trademark or other intellectual property rights of third parties resulting from Customer's use of the Service.

3. INDEMNIFICATION. USER agrees to release, indemnify, and hold IAT harmless from any damages or liabilities, including attorneys fees and costs, which have or may be incurred by IAT as a result of USER's use of the System, whether such damages or liability arising from USER's acts or the acts of a third party. USER acknowledges that it has received and reviewed the provisions of Section 1542 and hereby waives those provisions. No claims shall be made by USER against IAT arising from such use. All claims arising between USER and a third party, including but not limited to requests for depublication or retraction, shall be resolved between the USER and the third party without IAT's involvement. See RESOLUTION OF CLAIMS.

4. IAT, in its sole discretion, reserves the right to require USER to submit proof of insurance coverage or post a bond in an amount sufficient to secure USER's performance of its indemnification obligations under this Agreement. USER's compliance with such requests shall be a condition precedent to USER's right to obtain any further services under this Agreement and the failure to adequate response to such requests is grounds for immediate account termination.

5. RESOLUTION OF CLAIMS. Without limiting the foregoing, it is the USER's responsibility to take immediate action to resolve or defend any third party complaints at USER's expense. IAT shall promptly notify USER of any third party complaint together with a demand for immediate resolution and/or defense by USER. Within 24 hours of receipt of such notice, USER shall contact the complaining party and take all reasonable steps to resolve or defend the claim, including deletion of the offending material where appropriate. From and after the effective date of such notice, USER shall be responsible to pay all cost and expenses incurred by IAT in connection with the complaint, including but not limited to attorney fees. Such costs and expenses must be reimbursed within 15 days of receipt of IAT's invoice. The failure to promptly reimburse IAT for such costs and expenses can result in immediate termination of the account. IAT maintains policies and procedures for the investigation of third party claims and the USER's obligation to respond to such complaints. USER agrees to consult the frequently to ensure USER's compliance with its current provisions.

6. LIMITATION ON LIABILITY. In no event shall IAT be liable for any damages whatsoever, whether based on contract, tort, warranty, or other legal or equitable grounds (including, without limitation, damages for loss of profits, business interruption, loss of information, loss of data, cost of procurement of substitute goods or other pecuniary loss) arising out of your use or your inability to use the Service, even if IAT has been advised of the possibility of such damages. Notwithstanding any other provision of this Agreement, in no event shall IAT's liability arising out of, or relating to this Agreement, exceed the amount paid to IAT, or its distributors, for the Service by Customer during the immediately preceding quarterly billing period. Some states do not allow the exclusion or limitation of liability for consequential or incidental damages, therefore, the above limitation may not apply to you. THE FOREGOING PROVISIONS OF THIS SECTION STATE THE ENTIRE LIABILITY AND OBLIGATION OF IAT AND THE EXCLUSIVE REMEDY OF CUSTOMER.

7. ACCESS TO OTHER NETWORKS. In the event that you are able to access other networks via the Service, the use of these other networks may require approval of the respective network authorities and use will be subject to any acceptable usage policies such networks establish. It is understood and agreed that IAT has no control over the nature of such usage policies or over the content of information available through such services. In some cases, the use of other networks may require Customer to enter into Connectivity Agreements or association memberships. Customer is solely responsible for the payment of any costs or fees in connection Customer access to other Networks, which shall be in addition to the Usage Fees applicable to this Agreement.

8. NON-TRANSFERABILITY. The right to use the Service by access to your account is personal and is not transferable or assignable unless IAT expressly agrees in writing.

9. FINANCIAL OBLIGATIONS. You agree to pay all charges incurred through access of your account. Payment is due upon receipt of IAT's monthly invoice. Unless we receive notice of dispute with in 30 days of the date of the invoice, you will be deemed to have consented to the accuracy of the statement. Accounts are in default if payment is not received within 15 days after date of invoice. If your payment is returned to us unpaid your account will be deemed to be in default and you will be charged a returned check charge of $25 in addition to interest and penalties as further provided herein. Accounts in default may have their service interrupted. Such interruption does not relieve you from the obligation to pay the monthly charge. Only a written request to terminate your service relieves you of your obligation to pay the monthly account charge. Accounts in default are subject to an interest charge of 1.5% per month on the outstanding balance. If your state law does not allow an interest rate of 1.5% per month, the maximum allowable rate for your state will be charged. If you default, you agree to pay IAT reasonable expenses, including attorney fees and collection costs, incurred in enforcing its collection rights under this Agreement.

10. TERMINATION OF SERVICE.
    • Service may be canceled by Customer at any time by providing written notice to IAT. Such notice shall be deemed effective sixty (60) days from IAT's actual receipt of the notice. Customer shall continue to be charged the usual monthly fees until the effective date of termination.

    • DISCIPLINARY ACTION. Any violation of these Terms and Conditions or the Policies and Procedures may result in immediate disciplinary action, including but not limited to account termination or the deletion or blocking of offending material. IAT shall attempt to notify USER within 24 hours of such action unless ordered to proceed otherwise by any law enforcement agency or court order. USER agrees to indemnify and hold IAT harmless from any loss which can or may result from such disciplinary action. Notwithstanding the foregoing, IAT reserved the right to terminate any account at any time upon receipt of sufficient evidence of infringement allowing IAT to form a reasonable belief that continued display of disputed content might subject IAT to third party liability for contributory infringement.

11. SOFTWARE LICENSE. IAT may provide certain end-user software to facilitate your use of the Service. Your right to use the Software is limited to a non-transferable, non-exclusive license to use the Software only in connection with your authorized use of the Service pursuant to the terms and conditions of this Agreement, License and Warranty and the accompanying Standard Software License and Warranty. Any termination of your right to use the Service for any reason will also terminate the Software License. This license will automatically terminate if you fail to comply with any term or condition of this Agreement, or in the event of termination of your service agreement with IAT. You agree to return the Licensed program or destroy it, along with any backup or other copies in your possession, immediately upon termination of this Agreement.

12. IAT UPGRADE POLICY. From time to time, IAT may need to make upgrades to its network infrastructure. These changes may require Customer Equipment to be upgraded as well to continue the Service under this Agreement. Customer agrees to make such upgrades to its hardware/software as specified by IAT technical staff through written notification to Customer at least 30 days after notification of such required changes to Customer Equipment. IAT is not responsible for degradation or disruption of the Service should Customer not make specified changes as notified. It is highly recommended that the Customer have a hardware and software maintenance support contract on any router used for this service. As to any accompanying Software, IAT may, from time to time, provide you with free updates of the Licensed Program, if any, as are generally provided by IAT to Service Customers for so long as your Service Agreement remains in effect. Such updates shall be provided via modem. You agree to use the most current version of the Licensed program as supplied to you by IAT.

13. ARBITRATION. USER agrees to submit all disputes arising from this agreement or involing third party complaints for on-line resolution to if available. If on-line resolution is not available, the parties agree to submit the dispute for binding arbitration before the in San Francisco, California. Not withstanding the foregoing, IAT does not resolve domain name disputes. See .

14. GENERAL PROVISIONS
    1. Governing Law. This Agreement shall be governed by and construed under the laws of the or United States Federal law as applicable under principles of federal preemption. California and United States federal laws affecting intellectual property shall be controlling over conflicting provisions of the Berne Convention, NAFTA and any other treaty. This Agreement shall be deemed to have been entered into in the city of Berkeley, the county of Alemeda, the State of California and USER consents to jurisdiction in the State of California for any and all legal proceedings arising out of or in connection with this Agreement.

    2. Entire Agreement. This Agreement set forth the entire agreement and understanding of the parties relating to the subject matter herein and merges all prior discussions between them.

    3. Right to Modify Agreement. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless (1) contained on IAT company letterhead and bearing the personal handwritten signature of an IAT officer or director or (2) published on-line by IAT. USER shall be bound to Newly Enacted Terms and Conditions upon signifying assent through the on-line signature verification process. Failure to assent to Newly Enacted Terms and Conditions within sixty (60) days of notice thereof via e-mail may result in reclassification as an Account Not In Good Standing or termination of the account. Any provisions which add to or vary the Terms of this Agreement and which are contained in any purchase order, receipt, acceptance, confirmation, correspondence or otherwise written, shall be deemed void unless IAT specifically acknowledges and agrees to those provisions in writing.

    4. Notices. Except as to any notice of disciplinary action or notice of Newly Enacted Terms and Conditions, all notices required or permitted by this Agreement shall be in writing and shall be sent by prepaid registered or certified mail, return receipt requested, addressed to the other party at the address which USER has registered with IAT. Such notice shall be deemed to have been given three (3) days after deposit in the mail, except that a USER's notice of change of address shall be effective only upon receipt and must be made through the Aaddzz on-line interface.

    5. Force Majeure. Nonperformance of either party shall be excused to the extent that performance is rendered impossible by strike, fire, flood, earthquakes, governmental acts or orders or restrictions, failure of suppliers, lack of transportation, or any other reason where failure to perform is beyond the control and not caused by the negligence of the non-performing party.

    6. English Language. This Agreement was negotiated and executed in English, and the original English language version shall be controlling.

    7. Independent Contractors. The relationship between USER and the System is that of independent contractors. This agreement shall not be interpreted to create an agency, employment, partnership, or other such status between the parties.

    8. Legal Expenses. The prevailing party in any legal action brought by one party against the other and arising out of this Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys' fees.

    9. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

HoloNet PARENTAL CONSENT

The undersigned parent or legal guardian of _____________________, a minor, hereby consents to the use of the Service by such minor. The undersigned agrees to be responsible for such minor's use of the Service (in accordance with the accompanying Agreement) and to pay all charges incurred by such minor's use of the Service.

In signing this Parental Consent, parent acknowledges that certain materials which may be obtained as a result of connection to the Service may not be suitable for review by minors.

Parental Signature _______________________________  Date ________________

        Print Name _______________________________

HoloNet STANDARD SOFTWARE LICENSE & WARRANTY

1. GRANT OF LICENSE. IAT grants to you the personal, nontransferable, non-exclusive right to use the IAT Software (the "Software") embedded in the Product and accompanying documentation, subject to the following conditions and limitations:
   1. PERSONAL LICENSE (SINGLE USER)

      If you have purchased or have been granted a single user license,

      YOU MAY: (I) Install the software on only one (1) terminal or workstation of a single computer or its replacement, for use solely by yourself for the purpose of gatewaying information between you and one network or other multi-user arrangement located at a single site; (II) make one (1) copy of the Software in machine readable form solely for backup purposes, provided that you reproduce all proprietary notices on the copy; (III) physically transfer the Software from one computer to another, provided that the Software is used on only one computer at a time; (IV) install the software onto a permanent storage device, such as a hard disk, for use by you on your computer.

      YOU MAY NOT: (I) Use the Software on more than one computer terminal or workstation at a time; (II) sub-license, rent, lease, time-share, resell for profit, modify, translate, reverse engineer, decompile, disassemble (or otherwise reduce to human readable form), derive source code, create derivative works based on, copy (except for the backup copy of the software), electronically transfer, network, or otherwise distribute the Software or the accompanying documentation; (III) sell, rent, transfer, distribute or grant any rights in the Software in any form to any person without the prior written consent of IAT; (IV) remove any proprietary notices or marks on the Software or the accompanying packaging or written materials; or (V) use or transfer the software, or any copy thereof, in whole or in part, except as expressly allowed by this license or except as permitted by the Copyright Act of the United States, Title 17, United States Code (hereinafter "The Act") and the Bern Convention. Under the law, copying includes translation into another language or format. In no event shall two or more persons use the Software at the same time.

   2. MULTI-USER LICENSE

      If you have purchased or have been granted a Multi-User License, the terms of the Personal License shall apply except that the Software may be installed on a network or other multi-user arrangement. The maximum number of users and sites allowable shall be determined by the pricing in existence on your date of purchase (or by any IAT distribution agreement under which you have been granted a right to multi-use, if any).

2. RIGHTS RESERVED. Except as to the limited right of use granted in Paragraph 1 above, all other rights in the Software (including any backup copies made by you) and in the associated documentation shall remain solely with IAT. These may include know-how, trade secret, trademark, copyright, patent, inventions, international treaty and other rights as applicable. All rights not expressly granted herein are reserved by IAT. This license is not a sale. IAT reserves the right to revise this Software and documentation without obligation to notify any person of such revision.

3. LIMITED WARRANTY & DISCLAIMER. The Software and associated documentation are licensed "as is." IAT provides a warranty (or condition) to you that it has tested for viruses in the Software using commercially available virus checking software, consistent with current industry practice. Upon opening this package (or before using the Software if obtained on line), you are cautioned to independently examine the Software for viruses. If a virus is located immediately upon installation, you may return the complete software program and all written materials, within fifteen (15) days of purchase, to the place from which you obtained them, for a full refund of the amount paid (demo versions excluded). EXCEPT AS SPECIFICALLY STATED ABOVE IN THIS PARAGRAPH, IAT DISCLAIMS ANY OTHER WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SOFTWARE, MEDIA, OR DOCUMENTATION, INCLUDING (BUT NOT LIMITED TO) IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OR A PARTICULAR PURPOSE OR ARISE FROM TRADE USAGE OR COURSE OF DEALING. THE WARRANTY AND REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED. NO IAT SUPPLIER OR AGENT IS AUTHORIZED TO MAKE ANY MODIFICATION, EXTENSION, OR ADDITION TO THIS WARRANTY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY IAT, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. Some states do not allow the exclusion of implied warranties so the above limitations and disclaimers may not apply in certain states. In that event, any implied warranties are limited in duration to ninety (90) days from the date of delivery of the Software. This warranty gives you specific legal rights. You may have other rights, which vary from state to state. This warranty does not apply if the failure of Software has resulted from accident, abuse, or misapplication of the user.

4. LIMITATION ON DAMAGES.

   (a) In no event shall IAT or its suppliers be liable for any damages whatsoever, whether based on contract, tort, warranty, or other legal or equitable grounds (including, without limitation, damages for loss of profits, business interruption, loss of information, loss of data, cost of procurement of substitute goods or other pecuniary loss) arising out of your use or your inability to use the Product, even if IAT has been advised of the possibility of such damages. This limitation shall apply notwithstanding any failure of essential purpose of any limited remedy. Notwithstanding any other provision of this agreement, in no event shall IAT's liability arising out of, or relating to this agreement, exceed the amount paid to IAT, or its distributors, for the software (or the sum stated in the distribution agreement for liability limitation) and such damages shall not be paid in the absence of a valid proof of purchase. Some states do not allow the exclusion or limitation of liability for consequential or incidental damages, therefore, the above limitation may not apply to you.

   (b) IAT may elect in its sole discretion to defend, or at its option to settle any claim, suit or proceeding brought against you on the issue of infringement of any proprietary rights in the Software distributed hereunder, subject to the limitations hereinafter set forth. In the event that IAT elects to defend, IAT shall have sole control of any such action or settlement negotiations, and IAT agrees to pay, subject to the limitations hereinafter set forth, any final judgment entered against you on such issue in any such suit or proceeding defended by IAT only to the extent that liability arises solely from the acts of IAT. IAT shall not indemnify you for liability arising from your own acts. IAT shall in no event make an election to defend, settle or indemnify unless you notify IAT promptly in writing of such claim, suit or proceeding and give IAT authority to proceed as contemplated herein, and, at IAT's expense, give IAT proper and full information and assistance to settle and/or defend any such claim, suit or proceeding. If the Software Copies, or any part thereof, are, or in the opinion of IAT may become, the subject of any claim, suit or proceeding for infringement of any United States patent, copyright or trademark, or if it is adjudicatively determined that the Software Copies, or any part thereof, infringe any patent, copyright or trademark under the laws of the United States, or if the distribution or use of the Software Copies, or any part thereof, is, as a result, enjoined under the laws of the United States, then IAT may, at its option and expense:

   (i) procure the right under such patent, copyright or trademark to distribute or use, as appropriate, the Software Copies or such part thereof; or

   (ii) replace the Software Copies, or part thereof, with other suitable Software Copies or parts; or

   (iii) suitably modify the Software Copies, or part thereof; or

   (iv) if the use of the Software Copies, or part thereof, is prevented by injunction, remove the Software Copies, or part thereof, and refund the aggregate payments paid by you, less a reasonable sum for use and damage.

   IAT shall not be liable for any costs or expenses incurred without its prior written authorization.

   The terms of this paragraph shall not be construed to create an absolute obligation of IAT to defend, settle or indemnify. In no event shall IAT have an obligation to defend, settle or indemnify claims arising under the laws of any foreign country which does not, by international treaty, covenant or otherwise, give full force and effect to patent, copyright and trademark laws of the United States.

   (c) Notwithstanding the provisions of Section 4(b) above, IAT assumes no liability for

   (i) any infringement claims with respect to any product in or with which any of the Software Copies may be used but not covering the Software Copies standing alone;

   (ii) any trademark infringements involving any marking or branding not applied by IAT or involving any marking or branding applied at the request of Distributor; or

   (iii) the modification of the Software Copies, or any part thereof, unless such modification was made by IAT.

   THE FOREGOING PROVISIONS OF THIS SECTION STATE THE ENTIRE LIABILITY AND OBLIGATION OF IAT AND THE EXCLUSIVE REMEDY OF DISTRIBUTOR AND ITS CUSTOMERS, WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS IN THE SOFTWARE, SOFTWARE COPIES OR ANY PART THEREOF.

5. PRODUCT SUPPORT. IAT agrees to provide product support to the extent that is consistent with its standard product support policy or as stated in the enclosed Services and Support card or in the accompanying written materials. Product support is available to you only through an authorized IAT representative and if you reside in the United States or Canada.

6. THIRD-PARTY RIGHTS. The foregoing limitations of warranty and liability inure to the benefit of IAT's licensers having an interest in the package. The terms of this Agreement shall apply to any and all end-users of the Product, regardless of the manner in which the end user acquires the Product and whether or not the Product was acquired directly from IAT or through IAT's distribution channels or by other legal means.

7. THIRD-PARTY LIABILITY. Except as to infringement as provided in Paragraph 4 above, you agree to indemnify and hold harmless IAT from any and all liabilities which can or may arise as a consequence of your use of the Product.

8. U.S. GOVERNMENT RESTRICTED RIGHTS. If the Software and accompanying documentation is acquired by or on behalf of a unit or agency of the United States Government, this provision applies. This Software (a) was developed at private expense, and no part of it was developed with government funds; (b) is a trade secret of IAT for all purposes of the Freedom of Information Act; (c) is "commercial computer software" subject to limited utilization as provided in the contract between the vendor and the governmental entity, and (d) in all respects is proprietary data belonging solely to IAT.

   For units of the Department of Defense (DoD), this Software is sold only with "Restricted Rights" as that term is defined in the DoD Supplement to the Federal Acquisition Regulations, 52.227-7013(b)(3)(ii) and:

   Use, duplication, or disclosure is subject to restrictions as set forth in subparagraph (b)(3) (ii) and (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFAR , Rights and Technical Data in Computer Software (October 1988), in subparagraphs (c)(1) and (2) of FAR 52.227-19 Commercial Computer Software-Restricted Rights (June 1987), or FAR 52.227-14, Rights in General Data Alternative III (June 1987), as applicable. The Manufacturer is Information Access Technologies, Inc., 2115 Milvia Street, 4th Floor, Berkeley, CA 94704.

   If this Software was acquired under a GSA Schedule, the Government has agreed to refrain from changing or removing any insignia or lettering from the Software or the documentation that is provided or from producing copies of manuals or disks (except one copy for backup purposes and to comply fully with the terms stated herein).

   Governmental personnel using this Software, other than under a DoD contract or GSA Schedule are hereby on notice that use of this Software is subject to restrictions which are the same as or similar to those specified above.

9. EXPORT RESTRICTION. You agree and certify that neither the Software nor any direct product thereof is being or will be shipped, transferred, or re-exported, directly or indirectly, into any country prohibited by the United States Export Administration Act and the regulations thereunder, or will be used for any purpose prohibited by the same. You will not export or re-export the Software in any form without appropriate licenses by IAT, granted pursuant to United States or applicable foreign law, which license are not granted under this Agreement. You will not directly or indirectly export or transfer the software to any country to which transmission is restricted by applicable statute. Your failure to comply with this provision is a material breach of this Agreement.

10. TERMINATION. This Agreement is effective until termination. You may terminate this Agreement at any time by removing from your system and destroying all copies of the Software. Unauthorized copying of the Software or the accompanying documentation or otherwise failing to comply with the terms and conditions of this Agreement will result in automatic termination of this license and will make available to IAT other legal remedies. Upon termination of this Agreement, the license granted herein will terminate. You must immediately destroy the Software and accompanying documentation, and all backup-up copies thereof. Nevertheless in the event of such termination, all provisions of this agreement which protect the rights of IAT shall remain in force, including (but not limited to) the right to seek any and all legal and equitable remedies, including injunctive relief and statutory exemplary damages as allowed by applicable law.

11. GENERAL. This Agreement will be governed by the laws of the State of California, USA. THIS LICENSE STATES THE ENTIRE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE SOFTWARE AND SUPERSEDES ANY OTHER COMMUNICATIONS OR ADVERTISING WITH RESPECT TO THE SOFTWARE OR DOCUMENTATION. Any purported modifications to this agreement shall be invalid except by written agreement subsequent to the date of this Agreement signed by an officer or director of IAT. IAT is not bound by any provision of any purchase order, receipt, acceptance, confirmation, correspondence or otherwise, unless IAT specifically agrees to the provision in writing. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

CORPORATE OFFICES:

Information Access Technologies, Inc.
2115 Milvia Street, 4th Floor
Berkeley, CA 94704

Copyright 1992, 1994, 1996-1998 by Information Access Technologies, Inc. All Rights Reserved.