LICENSE FOR CUSTOMER USE OF IMAGINATION TECHNOLOGIES SOFTWARE IMPORTANT NOTICE -- READ CAREFULLY: This IMAGINATION TECHNOLOGIES Customer License and Evaluation Agreement ("LICENSE") is the agreement which governs use of the IMAGINATION TECHNOLOGIES software downloadable herefrom, including computer software and associated printed materials ("SOFTWARE"). By installing or otherwise using the SOFTWARE, you agree to be bound by the terms of this LICENSE. If you do not agree to the terms of this LICENSE, do not install the software. This AGREEMENT is made between Imagination Technologies Limited (IMAGINATION TECHNOLOGIES) and the business entity or individual that downloads the software. RECITALS Use of IMAGINATION TECHNOLOGIES's products requires three elements: the SOFTWARE, the hardware on a graphics controller board, and a personal computer. The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is not sold, and instead is merely licensed for use, strictly in accordance with this document. The hardware is protected by various patents, and is sold, but this agreement does not cover that sale, since it may not necessarily be sold as a package with the SOFTWARE. This agreement sets forth the terms and conditions of the SOFTWARE license only. 1. DEFINITIONS: 1.1 Customer. Customer means the business entity or individual that downloads the Software. 2. GRANT OF LICENSE. 2.1 Rights and Limitations of Grant. IMAGINATION TECHNOLOGIES hereby grants Customer the following non-exclusive, non-transferable right to use the SOFTWARE, with the following limitations: 2.1.1 Rights. You may copy and distribute verbatim copies of the SOFTWARE as you received it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and keep intact all the notices that refer to this license and give any other recipients of the Program a copy of this license along with the SOFTWARE. 2.1.2 Limitations. No Reverse Engineering. Customer may not reverse engineer, decompile, or disassemble the SOFTWARE, nor attempt in any other manner to obtain the source code. The SOFTWARE is licensed as a single product. Its component parts may not be separated, nor otherwise used separately from the other parts. Customer may not rent, sell or lease the SOFTWARE to someone else. 3. TERMINATION. This LICENSE will automatically terminate if Customer fails to comply with any of the terms and conditions of it. In such event, Customer must destroy all copies of the SOFTWARE and all of its component parts. 4. COPYRIGHT. All title and copyrights in and to the SOFTWARE (including but not limited to all images, photographs, animations, video, audio, music, text, and other matters incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by IMAGINATION TECHNOLOGIES, or its suppliers. The SOFTWARE is protected by copyright laws and international treaty provisions. Customer is required to treat the SOFTWARE like any other copyrighted material except as within the rights granted in para 2.1.1 above. 5. APPLICABLE LAW. This agreement is governed by and shall be construed in accordance with English Law. 6. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY. 6.1 No Warranties. To the maximum extent permitted by applicable law, the software is provided "as is" and IMAGINATION TECHNOLOGIES and its suppliers disclaim all warranties, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. 6.2 No Liability for Consequential Damages. To the maximum extent permitted by applicable law, in no event shall IMAGINATION TECHNOLOGIES or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the software, even if IMAGINATION TECHNOLOGIES has been advised of the possibility of such damages. 7. MISCELLANEOUS. This Agreement is the final, complete and exclusive agreement between the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written.