fpsn.net, Inc. General Open Source License (GOSL) Code License Agreement Rev. 1.1 READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS AGREEMENT. 1. LICENSE TO USE. fpsn.net grants you a non-exclusive license to this "Software". This "Software" is free software; you can redistribute it and/or modify it under the terms of this license agreement. This "Software" is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. 2. RESTRICTIONS Software is simi-confidential and fully copyrighted. Title to Software and all associated intellectual property rights is retained by fpsn.net and/or its license holders. Except as specifically authorized in any Supplemental License Terms, you may make copies of Software. Unless enforcement is prohibited by applicable law, you may not modify, decompile, reverse engineer Software. You may not publish or provide the results of any benchmark or comparison tests run on Software to any third party without the prior written consent of fpsn.net. No right, title or interest in or to any trademark, service mark, logo or trade name of fpsn.net, or its licensors is granted under this Agreement. 3. DISCLAIMER OF WARRANTY. FPSN.NET HEREBY STATSE THAT THE "Software" PROVIDED SHALL BE DONE SO WITH OUT WARRANTY. BECAUSE THE "Software" IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE "Software", TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING BY FPSN.NET. AS STATED THIS "Software" IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE "Software" IS WITH YOU. SHOULD THE "Software" PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL FPSN.NET, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE "Software" AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE "Software" (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE "Software" TO OPERATE WITH ANY OTHER SOFTWARE), EVEN IF SUCH FPSN.NET OR OTHER PARTY HAS ADVISED AGAINST THE POSSIBILITY OF SUCH DAMAGES. 4. Export Regulations. All Software and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you. 5. U.S. Government Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1 (a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (c)(1)(ii)(Oct 1988), FAR 12.212 (a) (1995), FAR 52.227-19 (June 1987), or FAR 52.227-14(ALT III) (June 1987), as applicable. 6. Governing Law. Any action related to this Agreement will be governed by Colorado law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. 7. Severability. If any provision of this Agreement is held to be unenforceable, This Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate. 8. Integration. This Agreement is the entire agreement between you and fpsn.net relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party. 9. Redistrobution. You may copy and distribute verbatim copies of the "Software" with complete source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and distribute a copy of this License along with the "Software". You may NOT charge a fee for the physical act of transferring a copy, and you may NOT at any time offer warranty protection in exchange for a fee. 10. Modification. You may modify your copy or copies of the "Software", thus forming a work based on the "Software", and copy and distribute such modifications or work under the terms of Section 9 above. 11. Utilization. A program that contains no derivative of any portion of the "Software", but is designed to work with the "Software" by being compiled or linked with it, is called a "work that uses the Software". Such a work, in isolation, is not a derivative work of the "Software", and therefore falls outside the scope of this License. However, linking a "work that uses the Software" with the "Software" that creates an executable that is a derivative of the "Software" (because it contains portions of the Original "Software"), rather than a "work that uses the Software". The executable is therefore covered by this License. Section 9 states terms for distribution of such executables. Should you request this license via Mail, you may write to: License request 910 Grape Ave. Boulder, Colorado 80304 Please be sure to include your name mailing address and a self addressed stamped envelope, and the license(s) you wish to receive. Please allow for 3 to 5 weeks for mailing. For inquiries please contact us online at: http://www.fpsn.net/