05-1004_KOFAX IMAGE PRODUCTS, INC._License AgreementATTENTION: READ THIS FIRST Kofax Image Products, Inc. SOFTWARE LICENSE AGREEMENT 14rRware UcmW. Under the terms and continuum of Agreement, Miss image Products, Inc. (Votac) grants you the non demands tight p use the enclosed adrwae program, in object oodeform only dne^Soflwarej on a network or danddone computer Use d the Soilware by iron than rhe specarm nudbadconcuned used, or Mir the banner of any CIPUwhrh is nor a Gast on the Local Mee Network *ex N prohrbnt This Agreement does not nvey to you an interim in or to the larlyn re, hot on a limited right of use residues in accordzocewnb the terms of To Agreement You acknowledge orad agree M& all right, the and mush ed in and to the Snowily, including associated intellectual pbpany rights , are and shah sperm with adieu 2 C,P;,M,,h Th63pMxarea the proor ypmdusdd home or as suppers ends prdMed You muetlrmt the mflwara w any other copyrighted headed with the exceplou that (1), mwcmaw-eadade form for earn Client CPU on the Iceasad Local Area Network and (2) m or ucnnal Dotposes. or transfer the Shcware to a single nand disk provided you keep the c agree not to aUempt in any way to oblirerde or destroy, the trade secret or wWrght natio 4. Tess. This license is ehlechas uses saturated. You may terminale n by determining the Scheme and accompanying documentation and all copes thereof. Thin bored win also terminate d you fall to comply with any term or provisos of this Agreementyou agree upon such rennuiation to destroy the Somvare and accompannrg documentation and au cope thereof 6. Ansi BNAU,,dna. Pou shall not ovally or aper the Software in any way You shall not doo mp le or name engineer the SoMware in order to obtan the wurne code, "Inch in a trade ma rat of Kofm 6. Unrided[Wamaguy, In the absence d any optional wanady or continuing priwou r s admded by a formal wipes agreement, Kolar warrants Is Sohware in accordance with the fokeeng' a. Kona w urranto, for your barren done, that accompanying condominium Ma parol of Kdax Ndherwararis, for your benetnabne, hes from ddech in ordinary ant woMmansl warred that he Someone win most rose me., substantially in acoordaee with the I of the SaMvare(the "Warranty Pi pd') which the Sateen re recorded Shall be .nod and under normal use. Ko m door not I. wtivun unmterm pled or error free. THEE ill WASSAMTIEB SET FORTH BI THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, E PRESS OR IMPLIED INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF METICHANAS .". WIN ESS FOR A PARTICULAR WRPOSE AND MOMWRINIG WW. AND ALL SUCH OTHER WARRANTIES ARE HEREBY DISCLAIMED AND EXCLUDED BY KOFAK, be gdearred by California law (w+Urouf reference to choice of law Pnncrpl entered Into in California, and Mall be composed as to its fair meanng an legal Were or Proceeding owi to the AgraNnad, the prevztlng Party any other redid granted. q than it shall Its, to that aided, mormance d mw Agreeaerl strap ace. This Agreement a dowmed other Parry. Inthe of of any its attorneys fees In motion to MNNTENANCE AND UPGRADE RIGMSIf the Reece. user has Pad the annul Maldewnce and Upgrade hill fee, In obtain "Updder" (as defense bebwd for Me Puuhwec SOFTWARE, the following terms and condrums ehdl also appy, R the licensed user row pad Veapproprab annual Ml fee the headed out'sIii rghts shall begin on the care the krywas are purchasetl as y.rwa•w dwcnbedrn in. itccompardi documoraron and and conhnue br the term of which P,. has heawMade , which a usually awlte onelorhreeYwrsthasaKer uno6stemonde]ideper DunngthaT ,I(ofyr Image Producic, Ise. may, Ironetrmetotlmw pordem, maths Updetes avaiadle be kcensxg Wlhe pubNC.fW Ra WmweadtMS AGHEEMEN, en Updde MsionamagmrerdHaratabre relwss d the same SOFTWARE Mat ws chimaly, Wrchuded Upon galeal avdlabilry d Updates during the dead M&U Tenn. ��as I(ofa lmape Rdtlude, Inc snap pryvpelhe nwnsed wewnh oneltl coPydwch such tlpddefpr sato copy of the SOFiWPAE ^�" orgrnMryhcensed Wthe licenseeuem Pursuedbthe AGREEMENTtoprovoeapplxa suIW upb,bNndexcaeeing,the YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND D AND AGREE TO BE BOUND BY ITS TERMS AND CONDOIONS. YOU FURTHFA AGREE THAT R IS THE COMPLETE AND EACLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND KOFAX, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRMEN, AND ANY WHEN COMMUNICATIONS BETWEEN YOU AND KDFAX RELATING TO THE SUBIECT MATTER OF THIS AGREEMENT recti. iiecnna,ne A-. K©FAX° A BLOOM ali COMPANY EMC w en inrwmHinn lives' EMC CORPORATION END-USERLICENSE AND BASIC MAINTENANCE AGREEMENT THE SOFTWARE CONTAINS CERTAIN COMPUTER PROGRAMS AND OTHER PROPRIETARY MATERIAL, THE USE OF WHICH IS SUBJECT TO THIS END-USER LICENSE AND BASIC MAINTENANCE AGREEMENT (THE "EULA'). DO NOT PROCEED WITH THE INSTALLATION OF THIS PRODUCT UNTIL YOU (LATER DEFINED AS LICENSEE) HAVE READ THIS EULA AND AGREE TO BE BOUND BY AND BECOME A PARTY TO THIS EULA. BY PROCEEDING WITH THE INSTALLATION OF THIS PRODUCT (OR AUTHORIZING ANY OTHER PERSON TO DO SO), YOU AND YOUR COMPANY ACCEPT THIS EULA AND YOU REPRESENT THAT YOU ARE AUTHORIZED TO DO SO. IF YOU ARE ACCESSING THE PRODUCT ELECTRONICALLY INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT' BUTTON AT THE END OF THE EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY RETURN THIS PRODUCT, ALL MEDIA AND DOCUMENTATION, AND PROOF OF PAYMENT, TO THE PLACE YOU OBTAINED THEM FOR A FULL REFUND WITHIN THIRTY (30) DAYS OF FIRST ACQUIRING THIS PRODUCT OR, IF THE PRODUCT IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS EULA AND RETURN PROOF OF PAYMENT IN ACCORDANCE WITH THE ABOVE REFERENCED RETURN/REFUND PROCESS. WRITTEN APPROVAL IS NOT A PREREQUISITE TO THE VALIDITY OR ENFORCEABILITY OF THIS EULA AND NO SOLICITATION OF ANY SUCH WRITTEN APPROVAL BY OR ON BEHALF OF LEGATO SHALL BE CONSTRUED AS AN INFERENCE TO THE CONTRARY. IF YOU HAVE ORDERED THIS PRODUCT, LEGATO'S ACCEPTANCE IS EXPRESSLY CONDITIONAL ON YOUR ASSENT TO THESE TERMS TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS ARE CONSIDERED AN OFFER BY LEGATO, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. 1. DEFINITIONS 1.1 Authorization Code: means the unique code provided to Licensee by EMC for pemlanent activation of the Software. The Authorization Code is provided to Licensee once the Enabler Code is registered with EMC. The Authorization Code may be tied to a unique machine ID code supplied by Licensee. 1.2 Basic Support or Basic Technical Support: means the annual remote telephone, fax, or e-mail consultatim which provides bug fixes, error corrections, and workarounds for the Software, as specifically set forth in this EULA and m the applicable EMC website currently at www3egato.com/supporti. 1.3 Documentation: means the user reference materials on any media, provided by EMC for use with the Software. I A Enabler Cade: means the code provided by EMC for activation of the Software. 1.5 Licensee: means the person or entity acquiring this License or for whom this License was acquired. 1.6 Maintenance: means the annual service provided by EMC which provides Updates and Basic Technical Support to Licensee. Maintenance is contingent upon payment of annual Maintenance fees. 1.7 Software means the object code copy of the software program provided to You in association with this EULA, together with the associated original media and all accompanying Documentation, seat together with all Updates that may be provided by EMC to You from time to time. 1.8 Updates: means releases, improvements and revisions that are generally provided by EMC to its licensees dont purchase Maintenance an an annual basis. Updates do not include new products, modules or extensions for which EMC elects to charge separately. 2. OWNERSHIP AND ADMINISTRATION OF SOFTWARE 2.1 Ownership and Title. As between the parties, EMC, and its licensors, own and shall retain all right, tide, and interest in and to: (i) the Software including all intellectual property rights embodied therein; (ii) all of the service marks, trademarks, trade names, or soy other designations associated with the Software; and (iii) all copyrights, patent rights, trade secret rights, and other proprietary rights relating to the Software. Tide and risk of loss for Software media shall transfer to Customer upon EMC's delivery ar EMC's business location to a contortion carrier selected by EMC unless another carrier. Customer shall pay all sfepmem related charges and transit insurance. 2.2 Software Activation. EMC employs Enabler Codes and Authorization Codes that enable the use of the Software. The Software is shipped in a "Media Kit" which consists of object code software on CD-ROM and an Enabler Code for initial activation of the Software or the Software and Enabler Code may be delivered electronically. Once EMC receives confumatim firm Licensee that the Software is installed with the correct Enabler Code, and is provided with the host ID infmnation, EMC will provide the Authorization Code to Licensee. EMC administers the generation and distribution of Enabler and Authorization Codes, which administration may be modified by EMC from time to time. 2.3 Adminlstration of Software. EMC may include on the media with the Software additional computer programs which are not currently licensed for use by Licensee and to which the Enabler Coda or Authorization cede will not pemtit access. Inclusion of such additional computer programs in no way implies a license Pram EMC and access or use of such programs is strictly prohibited unless Licensee procures the right to use any such program and the applicable Enabler Code is provided thereto. 3. LR:KNsEGRANT 3.1 Grant. EMC grants to Licensee a non-exclusive, tamtransferable, non-sublicensable, perpetual (unless terminated in accordance with the provisions of this EULA), license (the "Liters") to (i) use the Software installed in accordance with the Documentetim and only on the licensed computer(s) solely for its own internal operations; and (ii) move the Software temporarily in case of computer system malfunction. The Software may be licensed: (a) on a per copy or per seat basis, on a physical or virtual machine , (b) based upon the number of mailboxes or the number of non -concurrent users for which it may be used, or (c) based upon data volumes it supports. The License granted under this EULA does not constitute a sale of the Software or any portion or copy of it. Licensee may not use the Software on, more than me computer system unless otherwise specifically authorized by an explicit Software product, or addiumal licenses fm addhimal computers are purchased. Rights tut expressly granted are reserved by EMC. EULA-FEB-2005 t. . 3.2 Copies. Licensee rosy make copies of the Software provided that any such copy is: (i) created as an essential step in utilization of the Software n licensed and is used in no other manner; or (it) used for archival purposes. All trademark and copyright notices most be reproduced and included an such copies. Licensee may not make any other copies of the Software. 3.3 Restrictions on use. Licensee shall not, and shall not aid, abet, or permit any third party to: (i) deeompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code or underlying ideas or algorithms of the Software by any meats whatsoever, (ii) remove any identification, copyright, or other notices from the Software; (ii) provide, lease, lend, use for timesharing or service bureau purposes; (iv) create a derivative work of any part of the Software; or (v) develop methods to enable unauthorized parties to use the Software. If EC law is applicable, the restrictions in Section 3.3 (i) are limited so that they probibit such activity only to the maximum extent such activity may be prohibited without violating the EC Directive un the legal protection of computer programs. Notwithstanding the foregoing, prior to decomiling, disassembling, or otherwise reverse engineering any of the Software, Licensee shall request EMC in writing, to provide Licensee with such information or assistance and Licensee shall refrain from decompiling, disassembling, or otherwise reverse engineering any of the Software unless EMC cannot or has not complied with such request in a commercially reasonable amount of time. 3.4 Purchase Orders. Nothing contained in any purchase order, acknowledgment, or invoice shall in any way modify the terms or add any additional terms or conditions to this EULA. 3.5 Updates. This section applies if the Software acquired is an update to the original Software (the "Update"), An Update does not constitute a legally licensed copy of the Software unless purchased as an Update to a previously licensed version of the same Software. The Update may only be used in accordance with the provisions of this EULA. The Update, together with the original Software, constitutes one (1) legally licensed copy of the Software. 3.6 Evaluadon Lieease. This Section applies if the Software is being used for an initial thirty (30) day evaluation period. The license is valid only for a period of thirty (30) days from the delivery of the Software, and is designed mallow Licensee the right to evaluate the Software during such period. In the event that Licensee desires to continue to license the Software, Licensee must purchase a license to the Software. Upon such purchase, Licensee will be provided with an Enabler Code m accordance with Section 2.2 above. In the event Licensee detemtnes net to purchase a license for the Software attic end of such thirty (30) day evaluation period, then Licensee's rights under this EULA shall tenhmate automatically and Licensee shall promptly return to EMC or destroy all copies of the Software and so certify to EMC. 3.7 General Public License ("GPL'). The Software may include one or more components which are derived from software subject to a General Public License. Any such components ere licensed exclusively under the applicable GPL and not under this EULA_ 4. MAINTENANCE AND SUPPORT Cl EMC has no obligation to provide support, maintenance, upgrades, modifications, or new releases under this EULA, except as provided in this EULA. If applicable, Basic Technical Support for the Software is provided in accordance with EMC's Basic Support terms and conditions. 5. LUMIRD WARRANTY 5.1 Media and Documentation. EMC warrants that if the media or docmnentation are damaged or physically defective at the time of delivery of the fust copy of the Software to Licensee and if defective or damaged product is returned in EMC (postage prepaid) within ninety (90) days thereafter, than EMC will provide Licensee with replacaments at an cost. 5.2 Limited Software Warranty. Subject in the conditions and limitations of liability stated herein, EMC warrents for a period of ninety (90) days from the delivery of the first copy of the Software to Licensee that the Software, as delivered, will materially conform to EMC's then current published Documentation for the Software. This warranty covers only problems reported to EMC during the warranty period. For customers outside of the United States, this Limited Software Warranty shall be construed to limit the warranty to the minimum warranty required by taw. 5.3 Limited Services Warranty. EMC warrants that Basic Support will be provided hereunder in a professional and workmanlike manner and otherwise "as is" without warranty of any kind. 5.4 Remedies. The remedies available to Licensee hereunder for any such Software which does not perform as set out herein shall be either repair or replacement, or, if such remedy is not practicable in EMC's opinion, refund of the license fees paid by Licensee upon a return of all copies of the Software to EMC. In the event of a refund this EULA shall terminate immediately without notice with respect to such Software. 6. WARRANTY DISCLAIMER 6.1 Software WarrantyDisclaimer. EXCEPT FOR THE LIMITED WARRANTY PROVIDED IN SECTION 5 ABOVE, ALL SOFTWARE IS PROVIDED "AS IS". EMC AND ITS LICENSORS MAKE NO WARRANTIES WITH RESPECT TO ANY SOFTWARE AND DISCLAIMS ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE AND ANY WARRANTIES OF NON -INFRINGEMENT. EMC DOES NOT WARRANT THAT THE SOFTWARE WILL MEET ANY REQUIREMENTS OR THAT THE OPERATION OF SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. ANY LIABILITY OF EMC WITH RESPECT TO THE SOFTWARE OR THE PERFORMANCE THEREOF UNDER ANY WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY WILL BE LIMITED EXCLUSIVELY TO THE REMEDIES SPECIFIED IN SECTION 5 ABOVE. Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may rat be applicable. 6.2 Services Warranty Disclaimer. EMC does not provide a guarantee to fix any reported problems or provide fixes within a pre -defined time frame. Aside from the limited warranty set forth in Section 5 above, EMC hereby disclaims all warranties express or implied, statutory, or otherwise, including without limitation any implied warranties of merchantability, fitness for a particular purpose, and non -infringement. In addition, Basic Technical Support is limited to assisting Licensee with current production Software and does not include support of other software (device drivers, shell scripts or special programs) or hardware (tape drives, amochanger, etc.) not annually supported or certified by EMC. This EULA does not include services required or efforts to mmedy, repair or replace Software as a result of (i) accident or neglect or causes net attributable to rarrial wear and tear, (ii) problems relating to or residing in other hardware, software or services with which the Software is used; (iii) installation of the Software net in accordance with EMC's instructions or their specifications; (iv) use of the Software in an environment, in a manner or for a purpose for which they were not designed; and (v) installation, modification, alteration or repair of the Software by anyone other than EMC or its authorized representatives. FULA-FEB-2005 Page 2 Jt uM161 EMC shall defend Customer against my third party claim that Software produot(s) infringe a US parent or copyright, and pay the resulting costs and damages awarded against Customer by a court of competent jurisdiction, provided Customer (i) notifies EMC promptly in writing of such claim, (ii) grants EMC sole control over the defense and settlement thereof, and (iii) reasonably cooperates in response to an EMC request for assistance. Should any Software become, or in EMC's opinion be likely to become, the subject of such a claim, EMC shall, at its option and expense, (a) procure for Customer the right to make continued use thereof, (b) replace or modify such so that it becomes non -infringing, or (c) request retum and upon receipt thereof refund the price paid by Customer, less straight-line depreciation based on a five (5) year useful life. EMC shall have no liability if the alleged infringement is based on (1) combination with non -EMC products, (2) use for a purpose or in a marmo for which the Sollwareweave was not designed, (3) use of any older version of the Software when use of a newer EMC revision would have avoided the infringement, (4) say modification act made with EMC's written approval, (5) any modifications made by EMC pursuant to Customer's specific instructions, or (6) any intellectual property right owned or licensed by Customer. THIS SECTION STATES CUSTOMER'S SOLE AND EXCLUSIVE REMEDY AND EMC'S ENTIRE LIABILITY FOR INFRINGEMENT CLAIMS. 8. LERITATIUNOFLIAsmiTY EXCEPT FOR BODILY INJURY, EMC (AND ITS LICENSORS) WILL NOT BE LIABLE OR RESPONSIBLE WITH RESPECT TO THE SUBJECT MATTER OF THIS EULA UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR: (1) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER OR NOT ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES; OR (II) DAMAGES FOR LOST PROFITS OR LOST DATA; OR (III) COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICES, OR RIGHTS; OR (IV) FOR AMOUNTS IN EXCESS OF THOSE RECEIVED BY EMC FOR THE PARTICULAR EMC SOFTWARE AND SERVICE THAT CAUSED THE LIABILITY. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, EMC's liability in suchjurisdictions shall be limited to the extent permitted by law. 9. TERMANDTERMINATION 9.1 Term. The term of this EULA is perpetual unless terminated in accordance with its provisions. 9.2 Termination. EMC may terminate this FULA, without notice, upon Liceame's breach of any of the provisions hereof. 9.3 Effect of Termination. Upon termination of this FULA, Liceasee agrees to cease all use of the Software and to return to EMC or destroy the Software and all Documentation and related materials in Licence's possession, and so certify to EMC. Except for the License granted herein and as expressly provided heroin, the terms of this EULA shall survive termnmtion. 10. MISCELLANEMS 10.1 Governing Law. This EULA shall be governed by the laws of the Commonwealth of Massachusetts, without regard to the principles of conflict of laws or the United Nations Convention on Contracts for the International Sale of Goods. 10.2 Verification and Audit Rights: Upon request of EMC, and no more than once per year, Customer shall promptly provide EMC with a written statement certifying the extent of Customer's usage of Software identified by EMC and/or allow EMC to conduct a reasonable on site or remote audit of the applicable Customer facilities, products, and records to determine whether or not Customer's usage of such Software is in amformance with its paid for license usage. Customer shall reasonably cooperate with and assist EMC in any such audit, which shall be conducted during Customer's normal business hours and shall not unreasonably hnerfere with Customer's business activities. Should such audit statement indicate usage in excess of that for which Customer is licensed, in addition to any other rights EMC may have for breach of the license, Customer shall promptly reconcile its account with EMC and pay the EMC invoice, if any, which results from such mconciliation. 10.3 Government Restricted Rights. Any Software which is acquired directly or indirectly for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is EMC Corporation, 2350 W. EI Camino Real, Mountain View, CA 94040. The Software is a cum nercial software product, licensed on the open market at market prices, and was developed entirely at private expense and without the use of any govemnmentfunds. 10.4 Export and Import Controls. Regardless of any disclosure made by Licensee to EMC of an ultimate destination of the Products, Licensee may not directly or indirectly export or transfer soy portion of the Software, in any system containing a portion of the Software, to anyone outside the United States (including further export if Licensee took delivery outside the U.S.) without first complying with any export or import controls that may be imposed on the Software by the U.S. Government or any country or organization of nations within whose jurisdiction Licensee operates or does business. Licensee shall at all times strictly comply with all such laws, regulations, and orders, and agrees to commit no act which, directly or indirectly, would violate any such law, regulation or order. 10.5 Assignment. This EULA may rot be assigned or transferred by Licensee without the prim written consent of EMC, which shall not be unreasonably withheld. EMC may assign or otherwise transfer any or all of its rights and obligations under this FULA upon notice to Licensee. 10.6 Sole Remedy and Allocation of Risk. Licensee's sole and exclusive remedies am set forth in this ELLA. This FULA defines a mutually agreed-upon allocation of risk, and the License price reflects such allocation of risk 10.7 Equitable Relief. The parties agree that a breach of this EULA adversely affecting EMC's intellectual property rights in the Software may cause irreparable injury to EMC for which monetary damages may not be an adequate remedy and EMC shall be entitled to equitable relief in addition to any remedies it may have hereunder in at law. 10.8 No Waiver. Failure by either party to enforce any provision of this EULA will no be deemed a waiver of future enforcement of that in any other provision, nor will any single or partial exercise of any right or power hereunder preclude further exercise of soy other right hereunder. 10.9 Severability. If for any reason a court of competent jurisdiction finds any provision of this EULA, or portion thereof, to be unenforceable, that provision of the 13ULA will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this ELLA will continue in full force and effect. FULA-FEB-2005 Page 3 11. ENTI"EU1.A This EULA sets forth the entire understanding and EULA between the parties and may be amended only in a writing signed by authorized representatives of both parties. No vendor, distributor, reseller, dealer, retailer, sales person, or other person is authorized by EMC to modify this EULA or to make any warranty, representation, or promise which is different than, or in addition to, the warranties, representations, or promises made in this EULA. No pre-printed purchase order terms shall in any way modify, replace or supersede the terms of this EULA. EULA-FEB-2005 page 4