SupportWindow Console 1.0

SOFTWARE LICENSE AGREEMENT

In consideration for your use of the software and any updates, customizations and/or enhancements, entitled SupportWindow Server

("Software") provided by Bytewiser Data Systems, Inc. ("Licensor"),

you ("User") agree to the following terms and conditions. If you do not agree to these terms, you may not install

the software and you must return the package to your point of purchase immediately for a refund.

SOFTWARE LICENSE AGREEMENT

In consideration for your use of the software and any updates, customizations and/or enhancements, entitled SupportWindow Server

("Software") provided by Bytewiser Data Systems, Inc. ("Licensor"),

you ("User") agree to the following terms and conditions. If you do not agree to these terms, you may not install

the software and you must return the package to your point of purchase immediately for a refund.

1. License. Licensor hereby grants the User a non-exclusive, non-transferable license to use the Software for

personal use on one computer by User only. Licensor reserves the right at any time, without liability or prior

notice, to change the features or characteristics of the Software, this Agreement, or the Software's documentation

and related materials.

2. License Restrictions.

a. User acknowledges that the Software and its structure, organization, and source code constitute valuable

trade secrets of Licensor. Accordingly, User agrees not to (i) copy, perform, distribute, modify, adapt, alter,

translate, or create derivative works from the Software; (ii) merge the Software with other software; (iii)

sublicense, lease, rent, or loan the Software to any third party; (iv) reverse engineer, decompile, disassemble, or

otherwise attempt to derive the source code for the Software; or (v) otherwise use the Software except as

expressly allowed in this Agreement.

b. User shall comply with all applicable export and import control laws and regulations in its use of the Software

and, in particular, User shall not export or re-export the Software without all required United States and foreign

government licenses. User understands that access and use of the Software from outside the United States may

constitute export of technology and technical data which may implicate export regulations and/or require export

license.

c. Licensor retains exclusive ownership of all worldwide copyrights, trade marks, service marks, trade secrets,

patent rights, moral rights, property rights and all other industrial rights in the Software and documentation,

including any derivative works, modification, updates, or enhancements. All rights in and to the Software not

expressly granted to User in this Agreement are reserved by Licensor. Nothing in this Agreement shall be

deemed to grant, by implication, estoppel or otherwise, a license under any of Licensor's existing or future

patents.

d. If User is an employee, contractor or agent of the United States Government, the following provision applies.

The Software and documentation are comprised of "commercial computer software" and "commercial computer

software documentation" as such terms as used in 48 C.F.R. 12.212 (SEPT 1995) and are provided to the

Government (i) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R.

12.212; or (ii) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set

forth in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995). Unpublished rights reserved under the

copyright laws of the United States.

e. User shall not use the Software in any way that violates any local, state, federal or law of other nations,

including but not limited to the posting of information that may violate third party rights, that may defame a third

party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other

computer crime regulations, etc. Licensor does not monitor or edit any transmissions, postings, routings or other

materials which User may send, post, route, transmit or otherwise move through or with the Software.

3. WARRANTY DISCLAIMER. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY

WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FUNCTIONALITY OR ITS BEING VIRUS

FREE. USER RECOGNIZES THAT THE AS IS CLAUSE OF THIS AGREEMENT IS AN IMPORTANT

PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH LICENSOR WOULD NOT HAVE

AGREED TO ENTER THIS AGREEMENT. LICENSOR AND THIRD PARTIES DISCLAIM ALL

WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SOFTWARE, INCLUDING

ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,

AND NONINFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT

REGARDING THE SOFTWARE SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE

RISE TO ANY LIABILITY OF OR THIRD PARTIES WHATSOEVER. USER ACKNOWLEDGES THAT

HE OR SHE HAS RELIED ON NO WARRANTIES OR STATEMENTS OTHER THAN AS MAY BE SET

FORTH HEREIN.

9/30/01

(c) 2001 Judith Silver. All rights reserved.

SupportWindow Console Bytewiser Data Systems, Inc.

4. LIMITATION OF LIABILITY. LICENSOR SHALL NOT BE LIABLE TO USER OR ANY THIRD PARTY

FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES,

UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, REVENUE

OR SAVINGS, LOSS OF GOODWILL, OR THE LOSS OF USE OF ANY DATA, EVEN IF LICENSOR

HAD BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF.

UNDER NO CIRCUMSTANCES SHALL LICENSOR'S AGGREGATE CUMULATIVE LIABILITY

HEREUNDER, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT

OF FEES ACTUALLY PAID BY USER UNDER THIS AGREEMENT. USER ACKNOWLEDGES THAT

THE FEES PAID BY HIM OR HER REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS

AGREEMENT AND THAT LICENSOR WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT

THESE LIMITATIONS ON ITS LIABILITY.

5. Indemnification. User shall defend, indemnify and hold harmless Licensor, its officers, directors contractors,

agents and employees, from any and all claims or causes of action arising out of use of or related to the Software,

and pay any and all damages and expenses (including but not limited to attorneys fees incurred by Licensor

and/or third parties) in connection therewith. Licensor reserves the right, at it own expense, to assume the

exclusive defense and control of any matter otherwise subject to indemnification by User, in which event User

shall cooperate with the Licensor in asserting any available defenses.

6. Termination. This Agreement is effective unless terminated by Licensor at any time for any breach of this

Agreement. User may terminate this Agreement at any time by destroying all copies of the Software in User's

possession and deleting the Software from User's computer system and other storage media, or by returning all

such copies to Licensor. This Agreement and User's right to use this Software automatically terminate if User

breaches this Agreement.

7. Legal Compliance. Licensor may suspend or terminate use of Software and this Agreement immediately

upon receipt of any notice which alleges that User has used the Software for any purpose that violates any local,

state, federal or law of other nations, including but not limited to the posting of information that may violate third

party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault

others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or

employees. In such event, Licensor may disclose the User's identity and contact information, if requested by a

government or law enforcement body, or as a result of a subpoena or other legal action, and Licensor shall not be

liable for damages or results thereof and User agrees not to bring any action or claim against this Licensor for

such disclosure.

8. Miscellaneous. Either party may assign this Agreement to any successor in interest who purchases or

through change in control owns greater than fifty percent of the assets or equity of such entity and agrees in

writing to be bound by the terms and conditions herein; any other assignment shall be void. This Agreement and

any dispute arising hereunder shall be construed in accordance with the laws of the State of California

without regard to principles of conflict of laws. For the purpose of this Agreement, User consents to the personal

jurisdiction and venue of the state and federal courts located in San Bernardino Count/State of California. If any

provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall

not be affected, and this Agreement shall continue in full force and effect as if such unenforceable provision had

never constituted a part hereof, and the unenforceable provision shall be automatically amended to so as to best

accomplish the objectives of such unenforceable provision within the limits of applicable law. This Agreement

may be executed in counterparts, each of which shall be deemed an original but all of which together shall

constitute the same instrument. Any waiver of a provision of this Agreement must be in writing and signed by the

party to be charged. A valid waiver hereunder shall not be interpreted to be a waiver of that obligation in the

future or any other obligation under this Agreement. This Agreement constitutes the entire agreement between

the parties related to the subject matter hereof, supersedes any prior or contemporaneous agreement between

the parties relating to the Software and shall not be changed except by written agreement signed by an officer of

Licensor.

9/30/01

(c) 2001 Judith Silver. All rights reserved.

California

San Bernardino County/California