This is a legal agreement between you (either an individual or an entity) and Microsoft Corporation ("Microsoft"). By installing this software, you indicate your acceptance of this Microsoft Corporation License Agreement. If this software was not provided to you directly by Microsoft or you do not agree to the terms of this License Agreement, Microsoft Corporation is unwilling to license this software to you and you may not use or copy the software. MICROSOFT CORPORATION LICENSE AGREEMENT (for Microsoft Pre-Release Product EDPOST.DLL) 1. GRANT OF LICENSE. (a) Microsoft grants you ("Recipient") a limited, non-exclusive, nontransferable, royalty-free license to make and use up to ten (10) copies of the software accompanying this Agreement ("Product") on computer systems located on Recipient's premises, solely to test the compatibility of Recipient's application or other product(s) which operate in conjunction with the Product and to evaluate the Product for the purpose of providing feedback thereon to Microsoft. All other rights are reserved to Microsoft. Recipient shall not rent, lease, sell, sublicense, assign, or otherwise transfer the Product, including any accompanying printed materials. Recipient shall not reverse engineer, decompile or disassemble the Product except to the extent that this restriction is expressly prohibited by applicable law. Recipient may not disclose the results of any benchmark testing of the Product to any third party without Microsoft's prior written permission. Microsoft and its suppliers shall retain title and all ownership rights to the Product. (b) Recipient agrees to provide reasonable feedback to Microsoft, including but not limited to usability, bug reports and test results, with respect to the Product testing. Recipient will use reasonable efforts to review and comment on all documentation supplied. All bug reports, test results and other feedback made by Recipient shall be the property of Microsoft and may be used by Microsoft for any purpose. Due to the nature of the development work, Microsoft is not certain as to when errors or discrepancies in the Product may be corrected. (c) Recipient's use of the Product is not subject to confidentiality restrictions. Recipient is free to discuss features of the Product or details with respect to Recipient's use or intended use of the Product, provided that use of the Product shall take place solely at Recipient's site. Notwithstanding the foregoing, Recipient may not demonstrate or show the Product to third parties without the express written permission of Microsoft. 2. TERM OF AGREEMENT. The term of this Agreement shall commence on the Effective Date and shall continue until terminated upon the earlier of (a) Microsoft's written notice to Recipient, (b) the commercial release of the Product by Microsoft, or (c) January 31, 1998. Upon the termination of this Agreement, Recipient shall cease use of the Product and shall promptly return to Microsoft, or certify destruction of, all full or partial copies of the Product and related materials provided by Microsoft. 3. COST OF TESTING. There is no charge to Recipient for testing of the Product. Microsoft shall bear all transportation expenses relating to the shipment of the Product to Recipient's place of business and Recipient will pay any return transportation expenses. 4. PRODUCT MAINTENANCE. Microsoft is not obligated to provide maintenance or updates to Recipient for the Product. However, any maintenance or updates provided by Microsoft shall be covered by this Agreement. 5. DISCLAIMER OF WARRANTY. Product is deemed accepted by Recipient. The Product constitutes pre-release code and may be changed substantially before commercial release. The PRODUCT is provided "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCT AND DOCUMENTATION REMAINS WITH RECIPIENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF MICROSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO RECIPIENT. 6. GOVERNING LAW; ATTORNEYS FEES. If you acquired this Product in the United States, this Agreement shall be governed by the laws of the State of Washington. If you acquired this Product outside the United States, local law may apply. If either Microsoft or Recipient employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees. 7. U.S. GOVERNMENT RESTRICTED RIGHTS. The Product is provided with RESTRICTED RIGHTS. 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 of DFARS 252.227-7013 or subparagraphs (c)(i) and (2) of the Commercial Computer Software -- Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399. 8. EXPORT RESTRICTIONS. Recipient agrees that it will not export or re-export Product to any country, person, entity or end-user subject to U.S. export restrictions. Recipient specifically agrees not to export or re-export Product (i) to any country to which the U.S. has embargoed or restricted the export of good or services, which currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, or to any national of any such country, wherever located, who intends to transmit or transport the Product back to such country, (ii) to any end-user who Recipient knows or has reason to know will utilize Product in the design, development or production of nuclear, chemical or biological weapons, or (iii) to any end-user who has been prohibited from participating in U. S. export transactions by any federal agency of the U.S. government.