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IMPORTANT.  Read the following LMI Software License Agreement ("Agreement")

completely.

LUMINARY MICRO SOFTWARE LICENSE AGREEMENT

        This is a legal agreement between you (either as an individual or as an

authorized representative of your employer) and Luminary Micro, Inc. ("LMI").

It concerns your rights to use this file and any accompanying written materials

(the "Software").  In consideration for LMI allowing you to access the

Software, you are agreeing to be bound by the terms of this Agreement.  If you

do not agree to all of the terms of this Agreement, do not download or use the

Software.  If you change your mind later, stop using the Software and delete

all copies of the Software in your possession or control.  Any copies of the

Software that you have already distributed, where permitted, and do not destroy

will continue to be governed by this Agreement.  Your prior use will also

continue to be governed by this Agreement.

1.      LICENSE GRANT.  LMI grants to you, free of charge, the non-exclusive,

non-transferable right (1) to use the Software, (2) to reproduce the Software,

(3) to prepare derivative works of the Software, (4) to distribute the Software

and derivative works thereof in source (human-readable) form and object

(machine-readable) form, and (5) to sublicense to others the right to use the

distributed Software.  If you violate any of the terms or restrictions of this

Agreement, LMI may immediately terminate this Agreement, and require that you

stop using and delete all copies of the Software in your possession or control.

2.      COPYRIGHT.  The Software is licensed to you, not sold. LMI owns the

Software, and United States copyright laws and international treaty provisions

protect the Software.  Therefore, you must treat the Software like any other

copyrighted material (e.g. a book or musical recording).  You may not use or

copy the Software for any other purpose than what is described in this

Agreement.  Except as expressly provided herein, LMI does not grant to you any

express or implied rights under any LMI or third-party patents, copyrights,

trademarks, or trade secrets.  Additionally, you must reproduce and apply any

copyright or other proprietary rights notices included on or embedded in the

Software to any copies or derivative works made thereof, in whole or in part,

if any.

3.      SUPPORT.  LMI is NOT obligated to provide any support, upgrades or new

releases of the Software.  If you wish, you may contact LMI and report problems

and provide suggestions regarding the Software.  LMI has no obligation

whatsoever to respond in any way to such a problem report or suggestion.  LMI

may make changes to the Software at any time, without any obligation to notify

or provide updated versions of the Software to you.

4.      INDEMNITY.  You agree to fully defend and indemnify LMI from any and

all claims, liabilities, and costs (including reasonable attorney’s fees)

related to (1) your use (including your sub-licensee’s use, if permitted) of

the Software or (2) your violation of the terms and conditions of this

Agreement.

5.      HIGH RISK ACTIVITIES.  You acknowledge that the Software is not fault

tolerant and is not designed, manufactured or intended by LMI for incorporation

into products intended for use or resale in on-line control equipment in

hazardous, dangerous to life or potentially life-threatening environments

requiring fail-safe performance, such as in the operation of nuclear

facilities, aircraft navigation or communication systems, air traffic control,

direct life support machines or weapons systems, in which the failure of

products could lead directly to death, personal injury or severe physical or

environmental damage ("High Risk Activities").  You specifically represent and

warrant that you will not use the Software or any derivative work of the

Software for High Risk Activities.

6.      PRODUCT LABELING.  You are not authorized to use any LMI trademarks,

brand names, or logos.

7.      COMPLIANCE WITH LAWS; EXPORT RESTRICTIONS.  You must use the Software

in accordance with all applicable U.S. laws, regulations and statutes.  You

agree that neither you nor your licensees (if any) intend to or will, directly

or indirectly, export or transmit the Software to any country in violation of

U.S. export restrictions.

8.      GOVERNMENT USE.  Use of the Software and any corresponding

documentation, if any, 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 at DFARS 252.227-7013 or subparagraphs (c)(l) and (2) of the Commercial

Computer Software--Restricted Rights at 48 CFR 52.227-19, as applicable.

Manufacturer is Luminary Micro, Inc., 2499 S. Capital of Texas Hwy Ste A-100,

Austin, Texas 78746.

9.      DISCLAIMER OF WARRANTY.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, LMI

EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE.  THE SOFTWARE IS PROVIDED

"AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,

WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  YOU ASSUME THE ENTIRE RISK ARISING

OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE, OR ANY SYSTEMS YOU DESIGN USING

THE SOFTWARE (IF ANY).  NOTHING IN THIS AGREEMENT MAY BE CONSTRUED AS A

WARRANTY OR REPRESENTATION BY LMI THAT THE SOFTWARE OR ANY DERIVATIVE WORK

DEVELOPED WITH OR INCORPORATING THE SOFTWARE WILL BE FREE FROM INFRINGEMENT OF

THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES.

10.     LIMITATION OF LIABILITY.  IN NO EVENT WILL LMI BE LIABLE, WHETHER IN

CONTRACT, TORT, OR OTHERWISE, FOR ANY INCIDENTAL, SPECIAL, INDIRECT,

CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR

ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, OR LOST PROFITS,

SAVINGS, OR REVENUES TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW.

11.     CHOICE OF LAW; VENUE; LIMITATIONS.  You agree that the statutes and

laws of the United States and the State of Texas, USA, without regard to

conflicts of laws principles, will apply to all matters relating to this

Agreement or the Software, and you agree that any litigation will be subject to

the exclusive jurisdiction of the state or federal courts in Austin, Travis

County, Texas, USA.  You agree that regardless of any statute or law to the

contrary, any claim or cause of action arising out of or related to this

Agreement or the Software must be filed within one (1) year after such claim or

cause of action arose or be forever barred.

12.     ENTIRE AGREEMENT.  This Agreement constitutes the entire agreement

between you and LMI regarding the subject matter of this Agreement, and

supersedes all prior communications, negotiations, understandings, agreements

or representations, either written or oral, if any.  This Agreement may only be

amended in written form, executed by you and LMI.

13.     SEVERABILITY.  If any provision of this Agreement is held for any

reason to be invalid or unenforceable, then the remaining provisions of this

Agreement will be unimpaired and, unless a modification or replacement of the

invalid or unenforceable provision is further held to deprive you or LMI of a

material benefit, in which case the Agreement will immediately terminate, the

invalid or unenforceable provision will be replaced with a provision that is

valid and enforceable and that comes closest to the intention underlying the

invalid or unenforceable provision.

14.     NO WAIVER.  The waiver by LMI of any breach of any provision of this

Agreement will not operate or be construed as a waiver of any other or a

subsequent breach of the same or a different provision.