RASTRACKER(tm) Software Evaluation License Agreement THIS IS AN EVALUATION COPY OF THIS SOFTWARE. You may use this software for maximum of thirty (30) days, after which period you must either purchase the software or immediately stop using it and remove it from your computer. NOTICE TO ALL USERS: THIS AGREEMENT ("AGREEMENT") IS A LEGAL DOCUMENT. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. THE SOFTWARE IS COPYRIGHTED AND LICENSED. THIS AGREEMENT PROVIDES A LICENSE TO USE THE SOFTWARE FOR EVALUATION PURPOSES AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE SOFTWARE, YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, DO NOT INSTALL THE SOFTWARE, OR DESTROY ALL COPIES OF THE SOFTWARE THAT YOU HAVE INSTALLED. 1. Definitions (a) "NORTHERN" shall mean Northern Parklife AB, a Swedish corporation. (b) "Software" shall mean computer programs (and their storage medium) supplied by NORTHERN and known collectively as "RASTRACKER" in which NORTHERN has property rights, or licensed rights, including any user manuals, operating instructions, brochures and all other documentation relating to the said computer programs (the expression "Software" to include all or any part or any combination of Software). (c) "Server Software" shall mean Software that provides services on a computer called Server, or used as a Server. (d) "Client Software" shall mean Software that allows a computer or workstation to access or otherwise utilize the services provided by the Server Software. (e) "Port" shall mean a physical or virtual connection point for remote access communication, a COM or VPN port for example. If a Server is equipped with several connection points, each is classified as a Port. 2. License This NORTHERN product contains Server Software and Client Software. Subject to the terms and conditions of this Agreement, NORTHERN hereby grants you a non-exclusive, non-transferable right to use the Software as follows: (a) Install and use one (1) copy of the 256-Port Server Software solely for your internal evaluation purposes during the term of this Agreement. You may install one copy of the Client Software on any one or more computers or workstations connected to that Server. 3. Term This Agreement is effective for thirty (30) days following the date you installed the Software unless you or NORTHERN terminates the Agreement earlier in accordance with the terms set forth herein. This Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon termination, you must destroy all copies of the Software. You may terminate this Agreement at any point by destroying the Software together with all copies. 4. License Restrictions (a) Other than as set forth in Section 2, you may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network. You may not reverse compile, reverse engineer, reverse assemble, or otherwise translate or reduce the Software to a human perceivable form. You may not rent, lease, assign, sublicense or share your rights to the Software. You may not modify the Software or create derivative works based upon the Software. (b) You acknowledge and agree that the Software and accompanying material are the proprietary products of NORTHERN and are protected under U.S. and international copyright laws. You further acknowledge and agree that all right title, and interest in and to the Software, including associated intellectual property rights, are and shall remain with NORTHERN. This Agreement does not convey to you an interest in or to the Software other than a limited right of use revocable in accordance with the terms of this Agreement. 5. Limited Warranty CONSIDERING THAT THIS IS ONLY AN EVALUATION COPY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING PROVISIONS, YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS. WITHOUT LIMITING THE FOREGOING PROVISIONS, NORTHERN MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES, OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NORTHERN DISCLAIMS ALL WARRANTIES, EITHER 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 THE ACCOMPANYING DOCUMENTATION. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law. 6. Limitations of Damages (a) NORTHERN SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF NORTHERN OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) NORTHERN'S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED ANY LICENSE FEE TO BE PAID TO NORTHERN FOR THE USE OF THE SOFTWARE. (c) To the extent provided by applicable law and subject to Section 7, below, the foregoing limitations of damages do not apply to damages for personal injury to you, if any. 7. High Risk Activities The Software is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of the Software could lead directly to death, personal injury, or severe physical or property damage (collectively "High Risk Activities"). NORTHERN EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. 8. Consumer End-Users The limitations or exclusions of warranties and liability contained in this Agreement do not affect or prejudice the statutory rights of a consumer, i.e. a person acquiring goods otherwise than in the course of a business. 9. Governing Law and Notice This Agreement shall be governed by the laws of the Kingdom of Sweden. It contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. All questions concerning this Agreement shall be directed to: In the U.S.: Northern Parklife, Inc. Attn: Chief Financial Officer 5201 West Kennedy Blvd., Suite 615 Tampa, FL 33609 E-mail: info@northernparklife.com Other countries: Northern Parklife AB Gävlegatan 18B SE-113 30 Stockholm Sweden E-mail: info@northernparklife.com 10. Trademark RASTRACKER is a trademark owned by NORTHERN. No right, license, or interest to such trademark is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to such trademark. 11. Miscellaneous (a) The reference to any third-party products, companies and/or Web-sites in RASTRACKER is for informational purposes only and constitutes neither an endorsement nor a recommendation. NORTHERN assumes no responsibility with regard to the selection, performance or use of these products or vendors. A URL to a non-NORTHERN Web-site does not mean that NORTHERN endorses or accepts any responsibility for the content or use of such Web-site. NORTHERN provides this reference only as a convenience. (b) Should any term of this Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof. (c) If any action is brought by either party to this Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorneys fees and expenses of litigation. RASTRACKER(tm) Copyright (c) 1999-2000 by Northern Parklife AB. All rights reserved. Microsoft, Windows NT, Windows 2000 are registered trademarks. Other names are trademarks of their respective holders.