QNX 4.x / 2.x END USER LICENSE AGREEMENT

IMPORTANT NOTICE: Read Before Installing or Using This Software

Except for the third party software products that have their own end user license agreement terms enclosed, each software product and related documentation that you are about to access ("Product") is offered to you by QNX Software Systems International Corporation ("QSS") of 175 Terence Matthews Crescent, Kanata, Ontario, Canada K2M 1W8 (voice 613-591-0931, fax 613-591-3579) only for use in accordance with the terms and conditions of the QNX End User License Agreement below. Each Product must be unlocked using a software key ("License Key"). BY INSTALLING OR USING ANY PRODUCT YOU WILL INDICATE THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPT THESE TERMS AND CONDITIONS. IF YOU ARE UNABLE OR UNWILLING TO ENTER INTO AND COMPLY WITH THIS AGREEMENT, DO NOT ATTEMPT TO INSTALL OR USE ANY PRODUCTS. INSTEAD, PROMPTLY RETURN THE COMPLETE PACKAGE FOR A FULL REFUND. CONTACT QSS IF YOU WISH TO EVALUATE ANY PRODUCT, OR DISCUSS THE AGREEMENT BELOW, BEFORE YOU ATTEMPT TO INSTALL OR USE ANY PRODUCT.

QNX END USER LICENSE AGREEMENT

LICENSE: Subject to the terms and conditions of this Agreement, and any limitations imposed as part of a special beta test, promotional or educational program, QSS hereby grants to you a non-exclusive, personal, non-transferable license to use each Product for which you have received an authorized License Key from QSS, or from an authorized QSS distributor, on one computer, or, if the Product is a multi-computer version, on one node. This includes reproducing such Products, but only as reasonably required to install and use them as intended in associated user documentation on your licensed computer and to follow your normal back-up practices. All copies must bear all copyright and other proprietary rights notices which appear on the Product as originally provided by QSS.

Subject to the license expressly granted above, you obtain no right, title, interest or other license in or to any Product, including but not limited to any copyright, patent, trade secret, trademark, or other proprietary rights therein. All whole and partial copies of the Products remain the property of QSS and will be considered part of the Products for the purpose of this Agreement.

Unless expressly permitted by this Agreement, or otherwise by applicable law or by QSS in writing, you shall not: (i) use, reproduce, modify, adapt, translate, update or transmit any Product, in whole or in part; (ii) rent, lease, license, transfer, or otherwise provide access to any Product; (iii) disclose or provide access to your License Key(s) to any other person or attempt or assist others to defeat Product locks or to use unauthorized License Keys; (iv) alter, remove, or cover trademarks or proprietary notices in or on any Product; (v) directly or indirectly export, import or transmit any Product to any country in contravention of the laws of that country or the laws of Canada or the United States. Without restricting the foregoing, the Software may contain encryption capabilities and certain governments may regulate the export or import of the Product; (vi) use a multi-computer version of any Product in a network larger than that for which you have paid corresponding multi-computer license fees; (vii) decompile, disassemble, decrypt, unbundle, extract or otherwise attempt or assist others to reverse engineer any Product, except as necessary, when permitted by an applicable law, to correct defects or achieve interoperability with complimentary programs, for your purposes only, but only if QSS has refused to provide the necessary information or assistance. Unless QSS has provided you with express written consent, the Product may not be used in any application in which a failure of the Product could lead to death, personal injury, or severe physical or property damage (collectively, "High-Risk Activities"), including but not limited to the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapon systems and direct life support machines. QSS EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF FITNESS FOR HIGH-RISK ACTIVITIES.

IMPROVEMENTS: You shall own authorized modifications you make to the Product, except for Improvements. "Improvements" means work‑arounds, error corrections or enhancements that you disclose or suggest to QSS. All right, title and interest in and to Improvements shall be owned by QSS, unless QSS has otherwise expressly agreed in writing. You acknowledge that you are under no obligation to make such disclosures or suggestions to QSS.

WARRANTY: QSS cannot warrant that any Product will function in accordance with related documentation in every combination of hardware platform, software environment, and Product configuration. You acknowledge that software bugs are likely to be identified when one or more Products are used in your particular application. You therefore accept the responsibility of satisfying yourself that each Product is suitable for your intended use. This includes conducting exhaustive testing of your value-added software application prior to its initial release, and prior to the release of any related hardware or software modifications or enhancements.

QSS warrants to you for a period of ninety (90) days from acceptance of this Agreement (as provided above) that each Product as delivered by QSS is capable of performing the functions described in related QSS user documentation when used on appropriate hardware. QSS also warrants the enclosed media will be free from defects in material and workmanship under normal use for a period of 90 days from acceptance of this Agreement. QSS is not responsible for media defects that result from accident or abuse. Your sole remedy for any breach of warranty will be to either: (i) terminate this Agreement and receive a refund of any associated license fees paid to QSS; or (ii) to receive replacement media. QSS has no obligation under this Agreement to provide maintenance, support, or training.

LIMITATIONS: EXCEPT AS EXPRESSLY WARRANTED ABOVE, THE PRODUCTS AND THE ENCLOSED MEDIA ARE PROVIDED "AS IS" WITHOUT OTHER WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PRODUCTS. NOTHING STATED IN THIS AGREEMENT WILL IMPLY THAT THE OPERATION OF ANY PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ERRORS WILL BE CORRECTED. OTHER WRITTEN OR ORAL STATEMENTS BY QSS, ITS REPRESENTATIVES, OR OTHERS DO NOT CONSTITUTE WARRANTIES OF QSS.

IN NO EVENT WILL QSS OR ITS SUBSIDIARIES (OR THEIR OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, DISTRIBUTORS, OR LICENSORS - COLLECTIVELY "QSS AND ITS REPRESENTATIVES") BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST REVENUE, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, ARISING OUT OF OR RELATING TO ANY BREACH OF THIS AGREEMENT, ANY USE OR INABILITY TO USE THE PRODUCT, OR ANY CLAIM MADE BY A THIRD PARTY, EVEN IF QSS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR CLAIM.

IN NO EVENT WILL THE AGGREGATE LIABILITY OF QSS AND ITS REPRESENTATIVES FOR ANY DAMAGES OR CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY PRODUCT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE PRODUCT LICENSE FEES YOU PAID TO QSS. QSS'S AND ITS REPRESENTATIVES' LIMITATION OF LIABILITY IS CUMULATIVE WITH ALL OF QSS'S AND ITS REPRESENTATIVES' PAYMENTS IN SATISFACTION OF THEIR LIABILITIES BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT.

These limitations shall apply whether or not the alleged breach is a fundamental breach of contract. Some jurisdictions curtail limitations of liability for incidental or consequential damages, and/or limitations of implied warranties. Therefore, to the extent prohibited by applicable law, the above limitations may not apply to you.

TERM: This Agreement commences upon your acceptance (as described above) and will end when terminated. You may terminate this Agreement at any time. It will be deemed to terminate immediately if you fail to comply with any material term herein. Upon termination your license rights end and you shall immediately destroy all whole or partial copies of all Products and associated License Keys in your possession or control.

RESTRICTED RIGHTS: Use, duplication, or disclosure by the U.S. Government is subject to restrictions 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, or FAR 52.227-14 (ALT III), as applicable. Contractor/manufacturer is QNX Software Systems International Corporation

GENERAL: This Agreement is governed by and will be construed in accordance with the laws in force in the Province of Ontario, Canada without regard to the conflict of laws provisions therein. The parties hereby irrevocably waive (1) the provisions the United Nations Convention on Contracts for the International Sale of Goods and (2) any right to a trial by jury regarding the resolution of any dispute between the parties and their respective successors and permitted assigns. This Agreement constitutes the entire agreement between you and QSS pertaining to the Products and the enclosed media when being used by an end user, and supersedes all prior or contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written. No amendment or waiver of any term of this Agreement will be binding unless executed in writing by the parties. Subject to the export restrictions provided above, you are entitled to assign this Agreement to a third party who has provided QSS with prior written acknowledgement of their acceptance of the terms and conditions herein. In such a case you must transfer all copies of the Products and associated License Keys (retaining nothing) to the assignee. Any other attempted assignment or delegation in violation of the foregoing will be void and of no effect. The provisions of this Agreement will enure to the benefit of and will be binding upon the parties and their respective successors and permitted assigns. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect. QSS and its authorized representatives shall have the right to trace Product and License Key serial numbers at any time and in any reasonable manner.

QNX, Momentics, Neutrino, Photon and Photon microGUI are trademarks or registered trademarks of QNX Software Systems GmbH & Co. KG and are used under license by QNX Software Systems International Corporation. All other trademarks belong to their respective owners.

qnx4.eula.2_00.doc