XEROX IPP Server Test Tool License Agreement COPYRIGHT ©1998, 1999 Xerox Corporation. All Rights Reserved. BY DOWNLOADING OR OTHERWISE INSTALLING THIS SOFTWARE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD OR INSTALL THIS SOFTWARE. This Agreement is between Xerox Corporation, with offices at 701 South Aviation Blvd., El Segundo, CA 90245 ("Xerox"), and you, the person or entity downloading and installing the Software referenced in paragraph one below. This Agreement sets forth terms and conditions applicable to your use of this Software. The term "Software" shall mean the Internet Printing Protocols (IPP) Server Test Tool and documentation. 1. Use of Software. Xerox grants to you the right to install and use the IPP Server Test Tool, and related documentation (the "Software") internally within your organization and solely for the purpose of testing your companies products for compliance with the IPP protocol, subject to the terms and conditions of this Agreement. This Agreement does not constitute a license to use any other version or copy of the Software other then the copy or version obtained pursuant to execution of this Agreement 2. Acceptance of Agreement. By downloading the Software, you agree to be bound by the terms and conditions of this Agreement. 3. Obligations. You agree with Xerox that the Software and related information is owned by Xerox and/or its licensors and that, unless otherwise specifically agreed to by Xerox in writing, you also agree: (a) to inform Xerox of any improvements to the Software that you may develop or become aware of through use of the Software, and to grant Xerox royalty-free rights to use and distribute the improvements for any Xerox business purpose; (b) not to distribute, transfer, loan or otherwise provide the Software to any third party outside your own organization, and shall not copy, reverse compile, reverse engineer or disassemble the Software or otherwise obtain the source code for the Software; (c) that any information or feedback you may provide to Xerox in reference to the Software is non-confidential and you grant Xerox a worldwide, fully paid up and irrevocable license to use this information/feedback in Xerox business activities. (d) if so requested by Xerox, promptly de-install and discontinue use of the Software, and destroy all copies, including all compressed files or other files (including documentation) made available to you by Xerox under this Agreement (and any copies thereof); (e) comply with all U.S. and foreign export regulations applicable to the Software; and (f) shall display, and shall not alter or remove, Xerox' and/or any of its' licensors copyright notices and other proprietary notices. 4. Warranty and Liability. Due to the nature of the Software, Xerox makes no warranties whatsoever as to the operational performance of the Software. THE SOFTWARE IS BEING PROVIDED "AS-IS". XEROX DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. XEROX SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR TORT DAMAGES ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE, EVEN IF XEROX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ASSUME THE ENTIRE RISK IF THE SOFTWARE CEASES TO FUNCTION WITHOUT WARNING. Some states or provinces do not allow the exclusion or limitation of implied warranties or limitation of liability for incidental or consequential damages, so the above exclusion or limitation may not apply to you. Because software is inherently complex and may not be completely free of errors, you are advised to verify and back up your work. Additionally, Xerox does not guarantee compatibility between the Software and any future versions of the Software. 5. Term. You may use the Software indefinitely, provided that Xerox may terminate this Agreement at any time with or without cause. 6. No Obligation. Xerox is under no obligation to develop the Software or market the Software as a final product. Your use of the Software shall be at no charge, and your use shall not obligate you to purchase additional software from Xerox. 7. U.S. Government Restricted Rights. The Software and accompanying documentation are provided with RESTRICTED AND LIMITED RIGHTS. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in FAR 52.227-14 (June 1987) Alternate III(g)(3) (June 1987), FAR 52.227-19 (June 1987), or DFARS 52.227-7013 (c)(1)(ii) (June 1988), as applicable. Contractor/Manufacturer is Xerox Corporation, 701 South Aviation Blvd., El Segundo, CA 90245. In the event the Government seeks to obtain the Software pursuant to standard commercial practice, this software agreement, instead of the noted regulatory clauses, shall control the terms of the Government's license. 8. Miscellaneous. You may not assign any rights or delegate any duties or obligations under this Agreement without Xerox' prior written consent. You acknowledge that a violation of this Agreement may cause irreparable harm to Xerox, and you agree that, in addition to any other remedies provided by law, Xerox shall be entitled to seek injunctive relief against any such violation without having to post a bond. This Agreement supersedes all other prior agreements, oral or written, and all other communications between us relating to its subject matter, and the terms of Sections 3 through 7 shall survive the expiration or termination hereof. This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of laws rules.