ACLYPSE HYPERCYCLE SOFTWARE LICENSE AGREEMENT This Software License Agreement (the "Agreement") is a legal agreement between you, the software user, and Aclypse Corporation for use of this Software ("HYPERCYCLES" and all related components). By continuing the installation, copying, or execution of this software on your computer system(s), you are agreeing to be bound by the terms of this Agreement. 1. Grant of License. Aclypse Corporation grants to you the right to use this software, which is the shareware version of the "HYPERCYCLES" software. For purposes of this section, "use" means loading the Software onto and/or execution of this software on a computer system. You can not sell, rent, lease, distribute for money, alter, translate, disassemble, reverse engineer, or create derivative works based upon this Software. You agree that the Software will not be shipped, transferred or exported into any country in violation of the U.S. Export Administration Act (or any other law governing such matters). and that you will not utilize, in any other manner, the Software in violation of any applicable law. 2. All Commercial Use is Prohibited. You can not under any circumstances be permitted to commercially exploit the Software. You prohibited and can not sell, rent, lease, pay-per-play, charge for distribution, or in any manner commercially exploit the Software for any commercial purpose. Aclypse Corporation reserves all rights. Any individual, company, or entity which wishes for commercial, MUST contact and receive expressed written permission for distribution for money, or other considerations. 3. Electronic Distribution is Permitted. Aclypse Corporation grants to you the right to distribute, royalty free and by electronic means only, the Software; provided, however the Software is in original form. 4. Copyrights and Trademarks of this Software are owned by Aclypse Corporation. This Software is protected by United States copyright laws and international treaty provisions. You must treat the Software like any other copyrighted material, except that you may make copies of the Software to give to other persons. You may not charge or receive any consideration from any other person for the receipt or use of the Software without receiving prior written consent from Aclypse Corporation as specified in the VENDOR.TXT file. You agree to use your best efforts to see that any user of this Software licensed hereunder complies with this Agreement. 5. ACLYPSE CORPORATION DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS, IF ANY. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM JURISDICTION TO JURISDICTION. IN ANY CASE, ACLYPSE CORPORATION SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING FROM BREACH OF WARRANTY, NEGLIGENCE, OR OTHER LEGAL THEORY EVEN IF ACLYPSE CORPORATION OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. 8. General Provisions. Neither this Agreement nor any part or portion hereof shall be assigned or sublicensed, except as described herein. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby. If any provision is determined to be unenforceable, you agree to a modification of such provision to provide for enforcement of the provision's intent, to the extent permitted by applicable law. Failure of a party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. If you fail to comply with any terms of this Agreement, your license is automatically terminated. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN ACLYPSE CORPORATION AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES. THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS FROM ACLYPSE CORPORATION.