MAYA DESIGN INC
SOFTWARE LICENSE AGREEMENT
CARD DECK

IMPORTANT NOTICE:

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND RESTRICTIONS BEFORE INSTALLATION OR USE OF ANY SOFTWARE PROGRAM FROM MAYA DESIGN, INC. YOUR CLICKING THE "ACCEPT" ICON OR USE OF THE MAYA SOFTWARE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE THE MAYA SOFTWARE AND YOU WILL NOT BE PROVIDED ACCESS TO THE MAYA SOFTWARE.

1. LICENSE. Subject to the terms and conditions of this Software License Agreement ("Agreement"), MAYA Design. Inc. ("MAYA") hereby grants you a limited, non-exclusive, non-transferable, license to use the Card Deck Plug-In Module ("MAYA Software"). MAYA does not grant you any license rights in any patent, copyright or other intellectual property rights owned by or licensed to MAYA.

2. INTELLECTUAL PROPERTY RIGHTS. The MAYA Software is protected by copyright and other intellectual property rights. MAYA retains all intellectual property rights to the MAYA Software and reserves all rights not expressly granted to you in this Agreement. Portions of the MAYA Software may have been developed by one or more third parties, who shall each have the right and ability to enforce those provisions of this Agreement which relate to intellectual property and confidentiality restrictions and protections.

3. RESTRICTIONS ON USE. You may use the MAYA Software only for your own purposes on your personal computer and shall not use it for any commercial or operational purposes. You may not modify the MAYA Software in any manner. All copies of the MAYA Software must contain all proprietary marks, legends and copyright notices that appear on the original copies of the MAYA Software delivered to you by MAYA.

4. TERM. The term of this Agreement becomes effective as of the date you receive the MAYA Software and shall remain in effect until terminated herein. This Agreement will terminate automatically if you fail to comply with any of its terms or conditions. Sections 2, 3, 4, 5, 6, 7 and 8 shall survive the expiration or termination of this Agreement for whatever reason. Immediately upon termination or expiration of this Agreement, you shall destroy all copies of the MAYA Software, and certify such destruction to MAYA in writing.

5. NO WARRANTY. The MAYA Software is provided "AS IS" without warranty of any kind. MAYA does not warrant that the functions contained in the MAYA Software will meet your requirements or that the operation of the MAYA Software will be uninterrupted or error-free. MAYA HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE MAYA SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This limited warranty gives you specific legal rights, and you may also have other rights that vary from one jurisdiction to another.

6. NO LIABILITY. IN NO EVENT SHALL THE MAYA OR ANY OTHER PARTY WHICH HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE MAYA SOFTWARE BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING FROM OR RELATED TO THIS AGREEMENT OR THE MAYA SOFTWARE, INCLUDING, WITHOUT LIMITATION, DIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES OR DAMAGES FOR LOST PROFITS OR LOSSES RESULTING FROM BUSINESS INTERRUPTION OR LOSS OF DATA, REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY UNDER WHICH THE LIABILITY MAY BE ASSERTED, EVEN IF ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

7. EXPORT. Your rights in the Maya Software are subject to United States export laws and regulations, including the Export Administration Act of 1979, as amended. You shall not, directly or indirectly, download, use, export, reexport or transship the Maya Software in such manner as to violate such laws and regulations in effect from time to time.

8. U.S. GOVERNMENT RESTRICTED RIGHTS. If you are acquiring the Programs on behalf of the U.S. Government, the following provisions apply: (i) if the Programs are supplied to the Department of Defense or any related agency or service, the Programs are classified as "Commercial Computer Software" and the Government is acquiring only rights as set forth in this Agreement; and (ii) if the Programs are supplied to any other unit or agency of the United States Government, the Programs are considered "restricted computer software" and the Government's rights in the Programs are set forth in the Federal Acquisition Regulations. The Contractor for the Programs is MAYA Design, Inc., 2100 Wharton Street, Pittsburgh, Pennsylvania 15203.

9. MISCELLANEOUS. If any provision of this Agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of this Agreement shall not be affected. This Agreement may not be assigned by you without the prior written consent of MAYA. No waiver of any right under this Agreement shall be effective unless given in writing by an authorized representative of MAYA. This Agreement shall be governed and construed in all respects by the laws of the Commonwealth of Pennsylvania, U.S.A. without giving effect to principles of conflict of laws.

YOUR USE OF THE PROGRAMS ACKNOWLEDGES THAT YOU HAVE READ THIS SOFTWARE LICENSE, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND RESTRICTIONS. YOU FURTHER AGREE THAT THIS LICENSE IS THE COMPLETE AND EXCLUSIVE STATEMENT OF YOUR AGREEMENT WITH MAYA DESIGN, INC. AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS LICENSE.
