This software program, any printed materials, any on-line or electronic documentation, and any and all copies and derivative works of such software program and materials (the "HyperStudio") are the copyrighted work of Knowledge Adventure, Inc., or its licensors. All use of HyperStudio is governed by the terms of the End User License Agreement which is provided below ("License"). HyperStudio is solely for use by end users according to the terms of the License Agreement. Any use, reproduction or redistribution of HyperStudio not in accordance with the terms of the License Agreement is expressly prohibited. END USER LICENSE AGREEMENT 1. Limited Use License. Knowledge Adventure, Inc. ("KA") hereby grants, and by installing HyperStudio you thereby accept, a limited, nonexclusive license and right to 1) use the HyperStudio Player and Plugin installer for your own use on a single computer, and 2) transfer the HyperStudio Player and Plugin installer (the "HyperStudio Player") in conjunction with the transfer of files or "stacks" created by using the full version of HyperStudio. 2. Ownership. All title, ownership rights and intellectual property rights in and to HyperStudio and any and all copies thereof (including but not limited to any titles, computer code, themes, objects, characters, character names, stories, text, dialog, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, any related documentation, and "applets" incorporated into HyperStudio) are owned by KA or its licensors. HyperStudio is protected by the copyright laws of the United States, international copyright treaties and conventions and other laws. All rights are reserved. HyperStudio may contain certain licensed materials, and KA's licensors may act to protect their rights in the event of any violation of this Agreement. 3. Responsibilities of End User. A. Subject to the Limited Use License as set forth above, you may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, deconstruct, vary, modify, revise, transform, or otherwise alter HyperStudio's existing form or create derivative works based on HyperStudio, or remove any proprietary notices or labels on HyperStudio without the prior consent, in writing, of KA. B. You are entitled to use HyperStudio as set forth above for your own use. However, you are not entitled to: (i) sell, grant a security interest in, rent, lease or license HyperStudio to others without the prior written consent of KA; or (ii) exploit HyperStudio or any of its parts for any commercial purpose with the exception that you may transfer the HyperStudio Player in conjunction with the transfer of files or "stacks" created by using the full version of HyperStudio. 4. Transfer. You may permanently transfer all of your rights under this License, provided the recipient agrees to the terms of this License. 5. Termination. This License is effective until terminated. You may terminate the License at any time by destroying HyperStudio. KA may, at its discretion, terminate this License in the event that you fail to comply with the terms and conditions contained herein. In such event, you must immediately destroy HyperStudio. 6. Limited Warranty. KA EXPRESSLY DISCLAIMS ANY WARRANTY FOR HYPERSTUDIO AND MANUAL(S). THE PROGRAM AND MANUAL(S) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. KA FURTHER DISCLAIMS ALL WARRANTIES WITH REGARD TO YEAR 2000 COMPLIANCE OF THE SOFTWARE. SPECIFICALLY, KA MAKES NO WARRANTIES THAT THE PERFORMANCE OR FUNCTIONALITY OF THE PROGRAM WILL NOT BE AFFECTED BY DATES PRIOR TO, DURING OR AFTER THE YEAR 2000, OR THAT THE PROGRAM WILL BE CAPABLE OF CORRECTLY PROCESSING, PROVIDING, AND/OR RECEIVING DATE INFORMATION WITHIN AND BETWEEN CENTURIES, INCLUDING THE PROPER EXCHANGE OF DATE INFORMATION BETWEEN PRODUCTS OR APPLICATIONS. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATE STATUTE IS EXPRESSLY DISCLAIMED. The entire risk arising out of use or performance of HyperStudio remains with You, however KA warrants the Master Disk(s), on which HyperStudio is furnished, to be free from defects in materials and workmanship, under normal use, for a period of ninety (90) days from the date of delivery. KA's sole liability in the event of a defective disk shall be to give You a replacement disk. Some states do not allow the exclusion or limitation of incidental or consequential damages, or allow limitations on how long an implied warranty lasts, so the above limitations may not apply. 7. Limitation of Liability. NEITHER KNOWLEDGE ADVENTURE, ITS PARENT, SUBSIDIARIES, AFFILIATES OR LICENSORS SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE PROGRAM INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. Some states do not allow the exclusion or limitation of incidental or consequential damages, or allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. 8. Equitable Remedies. You hereby agree that KA would be irreparably damaged if the terms of this License were not specifically enforced, and therefore you agree that KA shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this License, in addition to such other remedies as KA may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this License Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation. 9.Miscellaneous. This License shall be deemed to have been made and executed in the State of California, and any dispute arising hereunder shall be resolved in accordance with the law of the State of California. This License may be amended only by an instrument in writing executed by both parties. This License constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. revised 3/00 KA0300