NetObjects Web Calendar 1.0

Website Pros, Inc.

NETOBJECTS FUSION SOFTWARE LICENSE AGREEMENT

IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE

CONTINUING WITH THE INSTALLATION PROCESS OF THE SOFTWARE

("THE SOFTWARE"). BY CLICKING ON THE "YES" OR "ACCEPT" BUTTON,

YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, CLICK

Website Pros, Inc.

NETOBJECTS FUSION SOFTWARE LICENSE AGREEMENT

IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE

CONTINUING WITH THE INSTALLATION PROCESS OF THE SOFTWARE

("THE SOFTWARE"). BY CLICKING ON THE "YES" OR "ACCEPT" BUTTON,

YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, CLICK

THE "NO" OR "DECLINE" BUTTON TO TERMINATE THE INSTALLATION

PROCESS. YOU MAY THEN RETURN THE SOFTWARE TO YOUR SUPPLIER

FOR A FULL REFUND.

1. License. If you have purchased a license to the Software, Website Pros, Inc.

("Website Pros") grants you a non-exclusive right and license to use the Software

and the related documentation (the "Documentation") as set forth in this Agreement.

You may use the Software on a single computer. You may also use the Software on a

second (portable or home) computer so long as only one copy is used at a time. You

may make a single copy of the Software for backup and archival purposes only

provided that any copy must contain all proprietary notices included in the

original. You may use the Documentation to assist in your use of the Software.

If you download the Software without physical delivery of Documentation, you may

review the Documentation online, but you may not make further copies of the

Documentation. You own the media on which the Software is recorded, but not the

Software itself or any copy of it. This license is not a sale of the original or

any copy of the Software.

If you have obtained an evaluation copy of the Software, and have not purchased a

license to the Software, Website Pros grants you a 15-day non-exclusive license to

use the Software free of charge for the purpose of evaluating whether you wish to

purchase an ongoing license for the Software. WARNING: Evaluation copies of the

Software will become non-functional fifteen (15) days following initial installation

in your computer. Website Pros disclaims all liability and responsibility for any

loss of data or other information which may occur as a result thereof.

2. Copying, Transferring or Modifying Software. The Software contains copyrighted

material, trade secrets and other proprietary intellectual property. You may not

permit concurrent use of the Software unless each user has an applicable license.

You may not permit other individuals to use the Software except under the terms

listed above. For the purposes of protecting Website Pros trade secrets, you may

not decompile, disassemble, reverse-engineer or otherwise display the Software in

human-readable form. You may not modify, translate, rent, lease, distribute or

lend the Software, and you may not sell to others the right to use the Software on

your computer. You may not remove any proprietary notices or labels on the Software.

You may not copy, transfer, transmit, sublicense or assign this license or the

Software except as expressly permitted in this Agreement. You agree that the terms

of this paragraph apply to the Software or any portion thereof, whether owned by

Website Pros or Website Pros' licensors, including without limitation NetCarta

Corporation.

3. License to Use Content. All artwork, graphics, icons, media and other files

contained in the Software, including without limitation Sample Sites, Templates

(AutoSites, Forms, Pages), SiteStyles, Sample Content and Extras (collectively,

the "Content"), are copyrighted material owned by Website Pros or its licensors.

Website Pros grants you a non-exclusive right and license to: (i) incorporate object

code copies of the Content into your own works created using the Software in

accordance with the Documentation, such as your own web site or a web site you

design for someone else (the "User Works"); (ii) duplicate the Content to the

extent it is embedded in the User Works, in object code form only; (iii) and

distribute or display the Content to the extent it is embedded in the User

Works, in object code form only. You have no right to, and agree not to,

duplicate, distribute, display or use the Content or any portion thereof

(whether on a web site or through any other medium, and whether separately or

as part of another product or work), other than as embedded in the User Works

created using the Software and as set forth in this Agreement.

4. Term. If you have purchased a license to the Software, this Agreement and license

are effective from the time you accept the terms of this Agreement until this Agreement

is terminated. You may terminate this Agreement at any time by destroying all copies of

the Software. This Agreement will terminate immediately and without further notice if

you fail to comply with any provision of this Agreement. All obligations of

confidentiality and restrictions on use, and all other provisions that may reasonably

be interpreted to survive termination of this Agreement, will survive termination of

this Agreement for any reason. Upon termination, you agree to destroy all copies of the

Software. If you have obtained an evaluation copy of the Software, and have not

purchased a license to the Software, this Agreement and license are effective for a

period of fifteen (15) days from the date of installation of the Software.

5. Limited Warranty. If you have purchased a license to the Software, and if the

Software is delivered using a computer storage media such as a CD ROM or diskette,

Website Pros warrants that the media on which the Software is furnished will be free

from defects in materials and workmanship under normal use for ninety (90) days from

the date you received the Software, as shown by your receipt. This warranty is limited

to you and is not transferable. This warranty does not cover damage caused by improper

use or neglect. Website Pros' entire liability and your exclusive remedy shall be, at

Website Pros' option (i) to replace the defective media; (ii) to advise you how to

achieve substantially the same functionality with the Software as described in the

Documentation through a procedure different from that set forth in the Documentation;

or (iii) to refund the license fee you paid for the Software. If you have obtained an

evaluation copy of the Software, and have not purchased a license to the Software,

Website Pros makes no warranties of any kind with respect to the media (if any) on

which the Software is furnished, and such media is provided "as is" and without

warranties of any kind.

6. Warranty Disclaimers. THE SOFTWARE, THE DOCUMENTATION

AND (EXCEPT AS PROVIDED IN SECTION 5) THE MEDIA UPON WHICH

THE SOFTWARE IS RECORDED (IF ANY) ARE PROVIDED "AS IS" AND

WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR

IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR

PURPOSE AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO

THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND THE

DOCUMENTATION IS WITH YOU. SHOULD THE SOFTWARE OR THE

DOCUMENTATION PROVES DEFECTIVE, YOU (AND NOT WEBSITE

PROS OR ITS DISTRIBUTORS, LICENSORS OR DEALERS) ASSUME

THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.

WEBSITE PROS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED

IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR OPERATE IN

THE COMBINATION THAT YOU MAY SELECT FOR USE, THAT THE

OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR

FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

NO ORAL OR WRITTEN STATEMENT BY WEBSITE PROS OR BY A

REPRESENTATIVE OF WEBSITE PROS SHALL CREATE A WARRANTY OR

INCREASE THE SCOPE OF THIS WARRANTY.

WEBSITE PROS DOES NOT WARRANT THE SOFTWARE AGAINST

INFRINGEMENT OR THE LIKE WITH RESPECT TO ANY COPYRIGHT,

PATENT, TRADE SECRET, TRADEMARK OR OTHER PROPRIETARY

RIGHT OF ANY THIRD PARTY AND DOES NOT WARRANT THAT

THE SOFTWARE DOES NOT INCLUDE ANY VIRUS, SOFTWARE

ROUTINE OR OTHER SOFTWARE DESIGNATED TO PERMIT

UNAUTHORIZED ACCESS, TO DISABLE, ERASE OR OTHERWISE

HARM SOFTWARE, HARDWARE OR DATA, OR TO PERFORM ANY

OTHER SUCH ACTIONS.

Notwithstanding the above, you may have certain warranty rights which vary from state

to state and which cannot be disclaimed by contract. Any warranties that by law survive

the foregoing disclaimers shall terminate ninety (90) days from the date you received

the Software as shown by your receipt. Some states do not allow limitations on how long

an implied warranty lasts, so the foregoing limitation may not apply to you if prohibited

by law.

7. Limitation of Liability. YOUR SOLE REMEDIES AND

WEBSITE PROS' ENTIRE LIABILITY ARE SET FORTH ABOVE.

IN NO EVENT WILL WEBSITE PROS OR ITS DISTRIBUTORS OR

DEALERS BY LIABLE FOR DIRECT, INDIRECT, INCIDENTAL OR

CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THE

SOFTWARE, THE INABILITY TO USE THE SOFTWARE, OR ANY

DEFECT IN THE SOFTWARE, INCLUDING ANY LOST PROFITS,

EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF

SUCH DAMAGE. IN NO EVENT WILL WEBSITE PROS' TOTAL

LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES

OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING

NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID

FOR THIS PRODUCT. SOME JURISDICTIONS DO NOT ALLOW

THE EXCLUSION OR LIMITATION OF RELIEF, INCIDENTAL OR

CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR

EXCLUSION MAY NOT APPLY TO YOU.

You agree that Website Pros and its distributors and dealers will not be liable for

defense or indemnity with respect to any claim against you by any third party arising

from your possession or use of the Software or the Documentation.

8. Export Control Laws. You agree to comply with all laws, rules and regulations

applicable to the export of the Software or the Documentation. Specifically, you

shall not export, re-export or transship the Software or the Documentation, or the

direct product thereof, in violation of any United States laws and regulations which

may from time to time be applicable. None of the Software or underlying information

or technology may be downloaded or otherwise exported or re-exported (i) into any

country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury

Department's list of Specially Designated Nationals or the U.S. Commerce Department's

Table of Denial Order. By downloading or using the Software, you are agreeing to the

foregoing and you are representing and warranting that you are not located in, under

the control of, or a national or resident of any such country or on any such list.

9. High Risk Activities. The Software is not fault-tolerant and is not designed,

manufactured or intended for use or resale as online equipment control equipment in

hazardous environments requiring fail-safe performance, such as in the operation of

nuclear facilities, aircraft navigation or communication systems, air traffic control,

direct life support machines, or weapons systems, in which the failure of the Software

could lead directly to death, personal injury, or severe physical or environmental

damage. Website Pros and its suppliers specifically disclaim any express or implied

warranty of fitness for any high risk uses listed above.

10. Government Restricted Rights. The Software has been developed at private

expense and is "commercial computer software" or "restricted computer software"

within the meaning of the FARs, the DFARs, and any other similar regulations

relating to government acquisition of computer software. Nothing contained herein

will be deemed to grant any government agency any license or other rights greater

than are mandated by statute or regulation for commercial computer software

developed entirely at private expense.

11. Governing Law and Interpretation. This Agreement shall be interpreted under and

governed by the laws of the State of California, without regard to its rules governing

the conflict of laws. If any provision of this Agreement is held illegal or unenforceable

by a court or tribunal of competent jurisdiction, the remaining provisions of this

Agreement shall remain in effect and the invalid provision deemed modified to the least

degree necessary to remedy such invalidity.

12. Entire Agreement. This Agreement is the complete agreement between Website Pros

and you and supersedes all prior agreements, oral or written, with respect to the

subject matter hereof. If you have any questions concerning this Agreement, you may

write to Website Pros, Inc., Customer Service, 12735 Gran Bay Parkway, West,

Bldg 200, Jacksonville, Florida 32258.