LICENSE AGREEMENT AND LIMITED PRODUCT WARRANTY X/OS® LINUX® VERSION 3 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 International Copyright Law. Subject to the following terms, X/OS Experts in Open Systems BV (X/OS) grants to the user (User) a license to this collective work pursuant to the GNU General Public License. 1. The Software. X/OS 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 User to copy, modify, and redistribute the component, in both source code and binary code forms. This agreement does not limit User's rights under, or grant User 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 X/OS 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. The X/OS trademark and logo are registered trademarks of X/OS in the Netherlands and other countries. This agreement permits User to distribute unmodified copies of the Software using the X/OS trademark. If User modifies the Software, then User must replace all images containing the X/OS trademark. Those images are found in the anaconda-images and the xos-logos packages. Merely deleting these files may corrupt the Software. 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. X/OS 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 User. X/OS does not warrant that the functions contained in the Software will meet User'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 X/OS or a X/OS authorized distributor. 4. Limitation of Remedies and Liability. To the maximum extent permitted by applicable law, the remedies described below are accepted by User as its only remedies. X/OS's entire liability, and User's exclusive remedies, shall be: If the Software media is defective, User may return it within 30 days of delivery along with a copy of User's payment receipt and X/OS, at its option, will replace it or refund the money paid by User for the Software. To the maximum extent permitted by applicable law, X/OS or any X/OS authorized dealer will not be liable to User 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 X/OS or such dealer has been advised of the possibility of such damages. In no event shall X/OS's liability under this agreement exceed the amount that User paid to X/OS under this agreement during the twelve months preceding the action. 5. User acknowledges it is User's responsibility to comply with any and all export and import laws. 6. Third Party Programs. X/OS 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. The license terms either accompany the programs or can be viewed at http://www.xoslinux.org/licenses/. If User does not agree to abide by the applicable license terms for such programs, then User may not install them. If User wishes to install the programs on more than one system or transfer the programs to another party, then User must contact the licensor of the programs. 7. General. If any provision of this agreement is held to be unenforceable, that shall not affect the enforceability of the remaining provisions. This agreement shall be governed by the laws of the Dutch Government, without regard to any conflict of laws provisions, except that the United Nations Convention on the International Sale of Goods shall not apply. Copyright © 2004 X/OS Experts in Open Systems BV. All rights reserved. "X/OS" and the X/OS logo are registered trademarks of X/OS. "Linux" is a registered trademark of Linus Torvalds. All other trademarks are the property of their respective owners.