IDI LICENSE AGREEMENT --------------------- 1. This LICENSE AGREEMENT is between the Internet Discovery Incorporated ("IDI"), and the Individual or Organization ("Licensee") accessing and otherwise using Tide 1.4 software in source or binary form and its associated documentation. 2. Subject to the terms and conditions of this License Agreement, IDI hereby grants Licensee a nonexclusive, royalty-free, world-wide license to reproduce, analyze, test, perform and/or display publicly, prepare derivative works, distribute, and otherwise use Tide 1.4 alone or in any derivative version, provided, however, that IDI's License Agreement and IDI's notice of copyright, i.e., "Copyright (c) 2001 Internet Discovery Incorporated; All Rights Reserved." are retained in Tide 1.4 alone or in any derivative version prepared by Licensee. 3. In the event Licensee prepares a derivative work that is based on or incorporates Tide 1.4 or any part thereof, and wants to make the derivative work available to others as provided herein, then Licensee hereby agrees to include in any such work a brief summary of the changes made to Tide 1.4. 4. IDI is making Tide 1.4 available to Licensee on an "AS IS" basis. IDI MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, IDI MAKES NO AND DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF Tide 1.4 WILL NOT INFRINGE ANY THIRD PARTY RIGHTS. 5. IDI SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF Tide 1.4 FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS AS A RESULT OF MODIFYING, DISTRIBUTING, OR OTHERWISE USING Tide 1.4, OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. 6. This License Agreement will automatically terminate upon a material breach of its terms and conditions. 7. This License Agreement shall be governed by the federal intellectual property law of the United States, including without limitation the federal copyright law, and, to the extent such U.S. federal law does not apply, by the law of the Commonwealth of Delaware, excluding Delaware's conflict of law provisions. Notwithstanding the foregoing, with regard to derivative works based on Tide 1.4 that incorporate non-separable material that was previously distributed under the GNU General Public License (GPL), the law of the Commonwealth of Delaware shall govern this License Agreement only as to issues arising under or with respect to Paragraphs 4, 5, and 7 of this License Agreement. Nothing in this License Agreement shall be deemed to create any relationship of agency, partnership, or joint venture between IDI and Licensee. This License Agreement does not grant permission to use IDI trademarks or trade name in a trademark sense to endorse or promote products or services of Licensee, or any third party. 8. By copying, installing or otherwise using Tide 1.4, Licensee agrees to be bound by the terms and conditions of this License Agreement.