Monster Works End-User License. Important - Please read before installing or using your software program. This Monster Works End-User License ("Agreement") allows you to use the Monster Works software program ("Monster Works Software"), provided you agree to the terms of this Agreement. This Agreement is a binding legal contract between you (as either an individual or entity), and Diamond Corporation ("Diamond"). By installing or using the Monster Works Software, you signify that you agree to be bound by this Agreement's terms and conditions, below. If, before installing and/or using the Monster Works Software, you do not agree to abide by the terms and conditions of this Agreement for the full duration of your use of the Monster Works Software, you must immediately terminate your use of the Monster Works Software, delete it completely from all your computer memory (use the uninstall software included with the program), and you may return all copies of the Monster Works Software in your possession for a refund of the amount you paid for such software. DIAMOND LICENSE AGREEMENT 1. GRANT OF RIGHTS. (a) Diamond's Monster Works Software is licensed, not sold, to you by Diamond, or its licensed marketing agents, and, in addition to being subject to this Agreement, is protected by United States copyright and intellectual property laws, and the laws of other countries under international treaty. Diamond grants to you the right to use one copy of the Monster Works Software on a single computer at any one time. You may make one additional copy of the Monster Works Software solely for backup or archival purposes only. You may not make more than one copy of the Monster Works Software, for use on another computer, without first obtaining a license for use of additional Software copies form Diamond. You may not reverse engineer, decompile, disassemble, copy, create a derivative work, or otherwise use the Monster Works Software, except as stated in this Agreement. (b) You may transfer the Monster Works Software for use on another single computer, provided no copies of the Monster Works Software are concurrently retained for use on any other computer. You may not distribute, loan, rent or lease this Monster Works Software, but you may (i) transfer your rights under this Agreement on a permanent basis, provided you transfer to the recipient this Agreement, all your copies of the Monster Works Software, and any accompanying written materials, AND the recipient agrees to the terms of this Agreement, and (ii) distribute the Monster Works software only to the extent such software was designed by Diamond to accompany audio postcard messages sent by you. 2. LIMITATION OF WARRANTY AND LIABILITY. The Monster Works Software is licensed to you AS IS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIAMOND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THIS SOFTWARE. IN NO EVENT WILL DIAMOND CORPORATION OR ITS LICENSED MARKETING AGENTS BE LIABLE TO YOU OR YOUR ASSIGNS FOR DAMAGES, INCLUDING ANY LOST PROFITS, LOST INFORMATION, BUSINESS INTERRUPTION, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE MONSTER WORKS SOFTWARE, EVEN IF DIAMOND CORPORATION OR ITS LICENSED MARKETING AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow excluding or limiting implied warranties, or limiting liability for incidental or consequential damages, and some jurisdictions have special statutory consumer protection provisions that may supersede this limitation. As a result, this limitation may not apply to you if prohibited by the laws of your jurisdiction. 3. GENERAL. If any provision of this Agreement is held to be invalid or unenforceable to any extent in any context, it shall nevertheless be enforced to the fullest extent allowed by law in that and other contexts, and the validity and force of the remainder of this Agreement shall not be affected thereby. This Agreement shall be governed by the local laws of the State of Washington without regard to its conflicts of laws rules to the contrary. 4. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND. The Monster Works Software and any accompanying materials are provided with Restricted Rights. Use, duplication or disclosure by the U.S. Government and agencies thereof is subject to restrictions set forth herein and in subparagraphs (c)(l) and (2) of 48 CFR 52.227-19, Commercial Computer Software-Restricted Rights, as applicable (or, as applicable, similar regulatory restrictions on Rights in Technical Data and Computer Software, e.g., DOD FAR Supplement 252.227-7013 (c)(l)(ii)). All unpublished rights of Diamond Corporation are reserved under U.S. copyright and intellectual property laws. Manufacturer is Diamond 9211.02.SE(73v01!.DOC)