Arkansas.Net's Software License Agreement

CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT. BY INSTALLING AND USING THE Arkansas.Net SOFTWARE, YOU INDICATE YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS AND YOU AGREE TO BE BOUND BY ALL OF THEM. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT INSTALL OR USE THE Arkansas.Net SOFTWARE.

THE ARKANSAS.NET SOFTWARE AND DOCUMENTATION ARE PROVIDED FOR USE ONLY (I) WITH THE INTERNET ACCESS OR INTRANET ACCESS SERVICE OFFERED BY ARKANSAS.NET ("ARKANSAS.NET") IN CONJUNCTION WITH THE DISTRIBUTION OF THE ARKANSAS.NET SOFTWARE AND DOCUMENTATION AND (II) IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. NO RIGHT OR LICENSE IS GRANTED TO USE THE ARKANSAS.NET SOFTWARE, DOCUMENTATION, OR ANY COMPONENT OF THE ARKANSAS.NET SOFTWARE OR DOCUMENTATION WITH ANY OTHER INTERNET ACCESS OR INTRANET ACCESS SERVICE.

THIS AGREEMENT CONSTITUTES THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND ARKANSAS.NET WITH RESPECT TO THE ARKANSAS.NET SOFTWARE. THIS AGREEMENT SUPERSEDES ANY WRITTEN OR ORAL PROPOSAL, PRIOR AGREEMENT, OR OTHER COMMUNICATION RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

1. License Grant

Subject to the provisions contained herein and payment of applicable fees, Arkansas.Net hereby grants to Subscriber ("YOU") a limited, non-exclusive, non-transferable and non-assignable license to install and use the accompanying versions of the proprietary Arkansas.Net software in object code format, its associated documentation and any updates thereto ("Licensed Program") on a single computer of which YOU are the primary user ("Authorized System"). The Licensed Program may include one or more of the following programs: Apple Computer, Inc. MacTCP or TCP/IP; Rockstar Software, Inc. Gearbox Connection Kit; Microsoft(r) Internet Explorer; Netscape® Communicator, TCP/IP Software for Windows(r); and other software which may from time to time be included in the Licensed Program ("Software"). YOU agree to use the Licensed Program solely in conjunction with Arkansas.Net's Internet Service and for no other purpose. Arkansas.Net may modify the Licensed Program at any time for any reason. YOU agree to use only the most recent version of the Licensed Program and destroy or return to Arkansas.Net at its request any superseded version of the Licensed Program.

2. Intellectual Property Rights

YOU acknowledge and agree that the Licensed Program constitutes confidential and proprietary information of Arkansas.Net and Arkansas.Net's licensors and embodies trade secrets and intellectual property protected under United States copyright and other laws and international treaty provisions. YOU further acknowledge that all right, title, and interest in and to the Licensed Program, including associated intellectual property rights, are and shall remain with Arkansas.Net and Arkansas.Net's licensors. YOU agree not to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, distribute, remarket, or otherwise dispose of the Licensed Program or any part thereof. YOU agree not to remove, obscure or alter any notice of patent, copyright, trademark, trade secret, or other proprietary right in the Licensed Program. YOU may not duplicate the Licensed Program except to make one (1) copy of the Licensed Program solely for your backup purposes. Such backup copy shall include all copyright and other proprietary notices contained in or on the original Licensed Program and shall be subject to all of the terms of this Agreement.

3. Term; Termination

This Agreement and the license hereunder shall be effective from your first installation or use of the Licensed Program. This Agreement automatically ends upon the termination for any reason of the Internet Access Agreement between Arkansas.Net and YOU. In addition, if Arkansas.Net in its sole judgment believes that the Licensed Program is being used by YOU for a purpose not approved by Arkansas.Net, that Arkansas.Net or Arkansas.Net licensors' rights are being jeopardized or that YOU are in default under this Agreement or any other agreement between YOU and Arkansas.Net, Arkansas.Net may immediately terminate this Agreement. Upon termination or expiration of this Agreement, the license granted to YOU hereunder shall immediately terminate and YOU shall immediately cease to use the Licensed Program. Arkansas.Net's right to enforce the provisions of § 2-9 of this Agreement shall survive termination of this Agreement.

4. Exclusion of Warranties

THE LICENSED PROGRAM IS LICENSED "AS IS." NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE LICENSED PROGRAM IS GIVEN OR ASSUMED BY ARKANSAS.NET, ITS LICENSORS, OR ITS AGENTS AND ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS, AND TERMS ARE HEREBY EXCLUDED BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

5. Limitation of Damages

ARKANSAS.NET, ITS LICENSORS, AND ITS AGENTS SHALL IN NO EVENT BE LIABLE TO YOU FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST SAVINGS, OR TO THE EXTENT ALLOWED BY APPLICABLE LAW, DAMAGES RESULTING FROM DEATH OR INJURY OF SUBSCRIBER OR ANYONE ELSE) ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, USE, IMPROPER USE, OR INABILITY TO USE THE LICENSED PROGRAM AND/OR ANY INFORMATION OBTAINED THROUGH THE USE OF THE LICENSED PROGRAM, EVEN IF ARKANSAS.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU.

6. U.S. Government Restricted Rights

Use, duplication, or disclosure of the Licensed Program by the United States Government is subject to the restrictions 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. Contractor/manufacturer is Arkansas.Net, PO Box 1568, Fayetteville, Arkansas.

7. Third Party Beneficiaries

YOU agree that Arkansas.Net's licensors including, but not limited to, Netscape Communications Corporation, Microsoft Corporation, Apple Computer, Inc., and Rockstar Software, Inc. are direct and intended third party beneficiaries of this Agreement. To the extent the software of other software licensors/providers is included in the Licensed Program, such software licensors/providers shall also be deemed third party beneficiaries of this Agreement.

8. Miscellaneous

The terms of this Agreement may not be amended or modified by you. YOU may not assign its rights or delegate any of its duties under this Agreement, and any attempted assignment or delegation shall be void. If one or more provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby. This Agreement shall be governed by the substantive laws of the State of Arkansas, United States of America, excluding (1) the conflicts of law provisions thereof, and (ii) the United Nations Convention on Contracts for the International Sale of Goods. Any tax or duty that may be due or payable as a result of this Agreement or the license granted herein shall be paid by YOU.