End User License Agreement and Warranty Disclaimer

BRIGHTCOM, INC. ("BRIGHTCOM ") LICENSES THE SOFTWARE TO YOU (USER) ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. PLEASE READ THE TERMS CAREFULLY BEFORE INSTALLING THE SOFTWARE OR HARDWARE, AS INSTALLING THE SOFTWARE OR HARDWARE WILL INDICATE YOUR ASSENT TO THEM. IF YOU DO NOT AGREE TO THESE TERMS, THEN BRIGHTCOM IS UN-WILLING TO LICENSE THE SOFTWARE OR HARDWARE TO YOU, IN WHICH EVENT YOU SHOULD RETURN THE FULL PRODUCT WITH PROOF OF PURCHASE TO THE DEALER OR LICENSOR FROM WHOM IT WAS ACQUIRED WITHIN 15 DAYS OF PURCHASE, AND YOUR MONEY WILL BE REFUNDED.

LICENSE AND WARRANTY
The software that accompanies this license (the "Software") is the property of BRIGHTCOM and is protected by copyright law. While BRIGHTCOM continues to own the Software, you will have certain rights to use the Software after your acceptance of this license. Except as may be modified by a license addendum which accompanies this license, your rights and obligations with respect to the use of this Software are as follows:

You may:
(i) only allow the specified number of Users to use the Software and documentation, as indicated as "Quantity or number of Licenses" on the invoice or electronic confirmation. "User(s)" means Licensee, if Licensee is an individual purchasing the Software for use at office or home (in which case Licensee's immediate family members residing in the same household shall not be considered additional Users), or, if Licensee is a corporation or similar business or commercial entity or government agency, its current employees. For qualifying educational institutions, "Users" also means faculty and staff teaching for or employed by Licensee and registered students enrolled at a single campus operated by Licensee. Subject to the limitations of this License, each authorized User may only use the Software on any central processing unit ("CPU"), workstation or portable, which is owned or controlled by Licensee;
(ii) use the Software on a network, provided that Licensee has a licensed copy of the Software for each computer that can access the Software over that network;
(iii) after written notice to BRIGHTCOM, transfer the Software on a permanent basis to another person or entity, provided that you retain no copies of the Software and the transferee agrees to the terms of this agreement;

You may not:
(i) rent, lease or otherwise transfer the Software or its documentation. Licensee may make reasonable number of back-up copies. The Software contains copyrighted material, trade secrets and other proprietary material. Licensee must reproduce on all such copies of the Software the copyright notices and any other proprietary legends that were on the original copy of the Software. Licensee shall not, without the prior written permission of BRIGHTCOM , nor permit anyone else to, decompile, reverse engineer, disassemble, make any attempt to discover the source code of the Software or otherwise reduce the Software to a human perceivable form, or to modify, network, rent, lease, loan, distribute, or create derivative works based upon the Software or the documentation in whole or in part.

Notwithstanding, if the Software is lawfully acquired outside of the United States within a jurisdiction which is a member of European Economic Community (EEC) subject to the EEC Council Directive of May 14, 1991, Licensee agrees that within that jurisdiction it shall not, and shall not allow any party on Licensee's behalf, to attempt to reverse engineer or decompile the Software into another computer language, except as expressly and specifically provided in the EEC Council Directive of May 14, 1991. Any and all information obtained during such lawful reverse engineering and/or decompiling activities, including but not limited to, the organization, logic, algorithms and processes of the Software, shall be deemed to be the confidential and proprietary information of BRIGHTCOM or its Licensors. Licensee shall not make copies of the copyrighted Software documentation without the prior written permission of BRIGHTCOM provided that for electronic transactions, Licensee may make one (1) hard copy of such documentation for each User.

Technical Support
Licensee must register in order to be eligible for technical support via electronic mail, mailing in registration card, which is attached to the product, or use online registration.

Export Law Assurances
Licensee agrees and certifies that neither the Software nor any other technical data received from BRIGHTCOM , nor the direct product thereof, will be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States. If the Software has been rightfully obtained by Licensee outside of the United States, Licensee agrees that Licensee will not re-export the Software nor any other technical data received from BRIGHTCOM, nor the direct product thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which Licensee obtained the Software. The Software may not be exported to any of the following countries: Cuba, Iran, Iraq, Libya, North Korea, or Syria.

Termination
This License is effective until terminated. Licensee may terminate this License at any time by destroying all copies of the Software and its documentation. This License will terminate immediately without notice from BRIGHTCOM if Licensee fails to comply with any provision of this License. Upon termination, Licensee must destroy all copies of the Software and its documentation.

Limited Warranty
BRIGHTCOM warrants that the media on which the Software is distributed will be free from defects, and that the Software shall perform substantially as described in its documentation for a period of sixty (60) days from purchase. Your sole remedy in the event of a breach of this warranty will be that BRIGHTCOM will, at it its option, replace any defective media returned to BRIGHTCOM within the warranty period or refund the money you paid for the Software. BRIGHTCOM does not warrant that the Software will meet your requirements or that operation of the Software will be uninterrupted or that the Software will be error-free. THE ABOVE WARRANTY IS EXCLUSIVE AN IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

Disclaimer of Damages
REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL BRIGHTCOM BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF BRIGHTCOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO CASE SHALL BRIGHTCOM 'S LIABILITY EXCEED THE PURCHASE PRICE FOR THE SOFTWARE OR DEDICATED HARDWARE. The disclaimers and limitations set forth above will apply regardless of whether you accept the Software.

U.S. Government Restricted Rights
RESTRICTED RIGHTS LEGEND. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights clause at 48 CFR 52.227-19, as applicable. Contractor/manufacturer of the Software is BRIGHTCOM, INC, 5811 McFadden Avenue, Huntington Beach, CA 92649

General
This Agreement will be governed by the laws of the State of California. This Agreement may only be modified by a license addendum which accompanies this license or by a written document which has been signed by both you and BRIGHTCOM. Should you have any questions concerning this Agreement, or if you desire to contact BRIGHTCOM for any reason, please write to: BRIGHTCOM INC, 5811 McFadden Avenue, Huntington Beach, CA 92649 .