end user license agreement

important -- read this agreement carefully before using this software: this license
agreement for certain tversity software (“license agreement”) is a legal agreement
between you (either an individual or an entity) (hereinafter “you”) and tversity inc. and
its suppliers and licensors (collectively “company”) relating to your installation and use
of the tversity media server software (the “software”). by clicking on the “i agree”
button, installing, copying or otherwise using the software, you agree to be bound by
the terms of this license agreement. if you do not agree to the terms of this license
agreement, click the “cancel” button and/or do not install the software. you agree
that your use of the software acknowledges that you have read this license
agreement, understand it, and agree to be bound by its terms and conditions.

1. license grant.

(a) subject to the terms and conditions contained in this license agreement,
company hereby grants to you a non-exclusive, non-transferable, limited license to use
the software and any related documentation (“documentation”), solely for personal non
commercial purposes..

(b) you may: (i) use the software on any number of computers; and (ii) copy
the software for back-up and archival purposes, provided any copy must contain all of the
original software’s proprietary notices.

(c) subject to the terms and conditions hereof, you may permit an individual
(if you are an entity) or another individual (if you are an individual) to utilize the
software, provided, however, that: such individual (or other individual) agrees to be
bound by the terms and conditions hereof.

(d) certain rights are not granted under this agreement, but may be available
under a separate agreement. if you would like to enter into a distribution agreement or
learn of other licensing strategies, please contact company.

2. license restrictions.

(a) you may not: (i) permit other individuals to use or access the software,
except under the terms and conditions listed above; (ii) alter, merge, adapt, modify,
translate, reverse engineer, decompile, disassemble or otherwise derive the source code of
the software or reduce the software to a human-perceivable form (except to the extent
that this restriction is expressly prohibited by law); (iii) create derivative works based
upon the software or documentation; (iv) copy the software or documentation (except for
back-up or archival purposes); (v) sell, rent, lease, transfer, sublicense, or otherwise
transfer or distribute rights to the software or documentation; (vi) remove any proprietary
notices or labels on or affixed to the software or documentation. any action taken by you
which is prohibited by this license agreement shall immediately terminate your license to
the software; or (vii) use the software on any non-pc product or any embedded or device
versions of any operating system, including, but not limited to, mobile devices, internet
appliances, set top boxes (stb), handhelds, pdas, phones, web pads, tablets, game
consoles, tvs, dvds, gaming machines, home automation systems, kiosks or any other
consumer electronics devices or mobile/cable/satellite/television or closed system based
service.

(b) you agree that you will only use the software and documentation in a
manner that complies with all applicable laws in the jurisdiction(s) in which you use the
software and documentation, including without limitation, applicable restrictions
concerning copyright and other intellectual property rights.

(c) you may only utilize the software for your personal, individual and non-
commercial use. you may not use the software to provide time-sharing or service bureau
services to third parties. all rights not expressly granted under this agreement are
reserved by company.

(d) you agree that company may audit your use of the software for compliance
with these terms at any time, upon reasonable notice. in the event that such audit reveals
any use of the software by you other than in full compliance with the terms of this
agreement, you shall reimburse company for all reasonable expenses related to such audit
in addition to any other liabilities you may incur as a result of such non-compliance.

(e) you shall not use the software to develop any software or other technology
having the same primary function as the software, including but not limited to using the
software in any development or test procedure that seeks to develop like software or other
technology, or to determine if such software or other technology performs in a similar
manner as the software.

3. ownership and title. title, ownership, rights,including copyright and intellectual

property rights in and to the software and all copies and documentation shall remain in
and with company. the software is protected by the copyright and other laws of the
united states and other countries and international copyright treaties. all rights not
specifically granted in this license agreement, including federal and international
copyrights, are reserved by company.

4. warranties and liabilities.

(a) no warranties. the software is provided to you free of charge and on an

“as is” basis, without any representation or warranty whatsoever. company expressly
disclaims, and you hereby expressly waive, all warranties, express or implied in
connection with the software or the use or inability to use the software, including without
limitation, warranties of title, warranties of non-infringement, warranties of
merchantability and fitness for a particular purpose and warranties as to any results to be
obtained from any use of the software or information to be derived therefrom.
notwithstanding the foregoing, you may have certain related rights that vary from
jurisdiction to jurisdiction.

(b) limitations of liability. under no circumstances and under no legal theory,

whether in contract, tort or otherwise shall company be liable to you or any other person
for any indirect, special, incidental or consequential damages of any character, including
without limitation, damages for loss of goodwill, work stoppage, computer failure or
malfunction or any and all other commercial damages or losses even if company shall
have been informed of the possibility of such damages, or for any claim by any other
party. because some jurisdictions do not allow the exclusion or limitation of liability for
consequential or incidental damages, the above limitation may not apply to you. further,
in no event shall company’s liability under any provision of this agreement exceed [one
dollar ($1.00)].

5. indemnification. you agree to indemnify, defend and hold harmless company, its
officers, directors and employees, from and against any losses, damages, fines and
expenses (including attorneys’ fees and costs) arising out of or relating to any claims that
you have violated any terms of this license agreement. if you are importing the software
from the united states, you shall indemnify and hold company harmless from and against
any import and export duties or other claims arising from such importation.

6. termination. this license agreement will automatically terminate if you fail to

comply with any term hereof. no notice shall be required from company to effect such
termination. you may also terminate this license agreement at any time by notifying
company in writing of termination. upon any termination of this license agreement, you
shall immediately discontinue use of the software and shall within three (3) days return to
company, or certify destruction of, all full or partial copies of the software,
documentation and related materials provided by company.

7. assignment. this agreement is personal to you, and may not be assigned without
company’s express written consent.

8. technical support. no technical support for the software is provided by company.

9. government uses. if you are an agency of the u.s. government, the following will
apply: the software has been developed entirely at private expense, is regularly used for
non-governmental purposes and has been licensed to the public. the software is a
“commercial item” as that term is defined in 48 c.f.r. 2.101 (oct. 1995), consisting of
“commercial computer software” and “commercial computer software documentation” as
those terms are used in 48 c.f.r. 12.212 (sept. 1995) or as “commercial computer
software” as that term is defined in 48 c.f.r. 252.227-7014 (june 1995) or any equivalent
agency regulation or contract clause, whichever is applicable. consistent with 48 c.f.r.
12.212 and 48 c.f.r. 227.7202-1 through 227.7202-4 (june 1995), all u.s. government
agencies acquire only those rights to the software as are expressly set forth herein.

10. third party software. the software may contain third party software which requires
notices and/or additional terms and conditions. such required third party software notices
and/or additional terms and conditions are located at "acknowledgements.txt" and are
made a part of and incorporated by reference into this license agreement. by accepting
this license agreement, you are also accepting the additional terms and conditions, if any,
set forth therein.

11. general. this license agreement constitutes the complete and exclusive agreement
between you and company. the terms and conditions contained in this license agreement
may not be modified except in a writing duly signed by you and an authorized
representative of company. if any provision of this license agreement is held to be
unenforceable for any reason, such provision shall be reformed only to the extent
necessary to make it enforceable, and such decision shall not affect the enforceability of
such provision under other circumstances, or of the remaining provisions hereof under all
circumstances. this license agreement shall be governed by the laws of the state of
delaware, without regard to conflicts of law provisions, and you hereby consent to the
exclusive jurisdiction of the state and federal courts sitting in the state of new jersey in
connection with any dispute, cause of action or claim arising out of this license
agreement. this license agreement will not be governed by the united nations convention
of contracts for the international sale of goods, the application of which is hereby
expressly excluded.