LICENSE AGREEMENT AND LIMITED PRODUCT WARRANTY StartCom ENTERPRISE LINUX® VERSION 4.0.x This agreement governs the use of the Software and any updates to the Software, regardless of the delivery mechanism. The Software is a collective work under U.S. Copyright Law. Subject to the following terms, StartCom Ltd. ("StartCom") grants to the user ("Customer") a license to this collective work pursuant to the GNU General Public License. 1. The Software. StartCom Enterprise Linux (the "Software") is a modular operating system consisting of hundreds of software components. The end user license agreement for each component is located in the component's source code. With the exception of certain image files identified in Section 2 below, the license terms for the components permit Customer to copy, modify, and redistribute the component, in both source code and binary code forms. This agreement does not limit Customer's rights under, or grant Customer rights that supersede, the license terms of any particular component. 2. Intellectual Property Rights. The Software and each of its components, including the source code, documentation, appearance, structure and organization are owned by StartCom and others and are protected under copyright and other laws. Title to the Software and any component, or to any copy, modification, or merged portion shall remain with the aforementioned, subject to the applicable license. This agreement does not permit Customer to distribute the Software using StartCom's trademarks. 3. Limited Warranty. Except as specifically stated in this agreement or a license for a particular component, to the maximum extent permitted under applicable law, the Software and the components are provided and licensed "as is" without warranty of any kind, expressed or implied, including the implied warranties of merchantability, non-infringement or fitness for a particular purpose. StartCom warrants that the media on which the Software is furnished will be free from defects in materials and manufacture under normal use for a period of 30 days from the date of delivery to Customer. StartCom does not warrant that the functions contained in the Software will meet Customer's requirements or that the operation of the Software will be entirely error free or appear precisely as described in the accompanying documentation. This warranty extends only to the party that purchases the Software from StartCom or a StartCom authorized distributor. 4. Limitation of Remedies and Liability. To the maximum extent permitted by applicable law, the remedies described below are accepted by Customer as its only remedies. StartCom's entire liability, and Customer's exclusive remedies, shall be: If the Software media is defective, Customer may return it within 30 days of delivery along with a copy of Customer's payment receipt and StartCom, at its option, will replace it or refund the money paid by Customer for the Software. To the maximum extent permitted by applicable law, StartCom or any StartCom authorized dealer will not be liable to Customer for any incidental or consequential damages, including lost profits or lost savings arising out of the use or inability to use the Software, even if StartCom or such dealer has been advised of the possibility of such damages. In no event shall StartCom's liability under this agreement exceed the amount that Customer paid to StartCom under this agreement during the twelve months preceding the action. 5. Third Party Programs. StartCom may distribute third party software programs with the Software that are not part of the Software. These third party programs are subject to their own license terms. If Customer does not agree to abide by the applicable license terms for such programs, then Customer may not install them. If Customer wishes to install the programs on more than one system or transfer the programs to another party, then Customer must contact the licensor of the programs. 6. General. If any provision of this agreement is held to be unenforceable, that shall not affect the enforceability of the remaining provisions. Copyright © 2005 StartCom Ltd. All rights reserved. "Linux" is a registered trademark of Linus Torvalds. All other trademarks are the property of their respective owners.