IMPORTANT. This license agreement supersedes any other license agreement provided with the software. Read this Microsoft License Agreement before installing this software. By installing this software, you indicate your acceptance of this Microsoft License Agreement. MICROSOFT LICENSE AGREEMENT Microsoft Fax Beta Code for Microsoft Windows NT Workstation version 4.0 1. LICENSE RIGHTS AND RESTRICTIONS. Microsoft Corporation ("Microsoft") grants to you the non-exclusive, non-assignable right to use the enclosed Microsoft beta software in object code form (the "MS Code") only in conjunction with validly licensed copies of Microsoft Windows NT version 4.0 solely for your internal use and evaluation. You may make copies for use on all computers on your premises for which you have licensed Microsoft Windows NT 4.0 as described above. The MS Code shall not be copied or used for any other purpose. You may not reverse engineer, decompile, or disassemble the MS Code, except to the extent that the foregoing restriction is expressly prohibited by applicable law. You may not rent or lease the MS Code, or otherwise transfer the MS Code and accompanying written materials. You may not disclose the results of any benchmark testing of the MS Code to any third party without Microsoft's prior written permission. All rights not expressly granted are reserved by Microsoft. 2. PRELIMINARY CODE. The MS Code provided herein is beta code and not at the level of functionality, performance and compatibility of the final, generally available product offering. The code may be substantially modified prior to first commercial shipment. 3. NO WARRANTIES. The MS Code and accompanying written materials are provided "as is", without warranty of any kind. To the maximum extent permitted by law, Microsoft disclaims all warranties, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and noninfringment. The entire risk arising out of the use or performance of the MS Code and any accompanying written materials remains with you. 4. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law: in no event shall Microsoft or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use the MS Code, 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 you. 5. TERMINATION. Microsoft may terminate this agreement in writing at any time with or without cause. This Agreement shall terminate without notice upon the commercial release of the MS Code. Upon termination of this Agreement for any reason, you shall immediately return, or certify destruction of, all full or partial copies of the MS Code and all other materials provided by Microsoft. 6. MISCELLANEOUS. If you acquired this product in the United States, this Agreement is governed by the laws of the State of Washington. If you acquired this product outside the United States, local law may apply. If either party 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, costs and expenses. 7. U.S. GOVERNMENT RESTRICTED RIGHTS. Any software and documentation provided under this Agreement 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)(1) 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. You agree that you will not export or re-export the MS Code to any country, person, entity or end user subject to U.S.A. export restrictions. Restricted countries currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Syria, and the Federal Republic of Yugoslavia (Serbia and Montenegro, U.N. Protected Areas and areas of Republic of Bosnia and Herzegovina under the control of Bosnian Serb forces). You warrant and represent that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges. 02/23/94 LE930320.008 ^