READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING THE
PROGRAM DISKETTES AND THE COMPUTER SOFTWARE THEREIN (THE SOFTWARE). THE SOFTWARE AND THE
ACCOMPANYING USER DOCUMENTATION (COLLECTIVELY THE "Product") ARE COPYRIGHTED AND LICENSED
(NOT SOLD). BY CLICKING YES BELOW, YOU ARE ACCEPTING THE TERMS OF THIS LICENSE AGREEMENT.
IF YOU ARE NOT WILLING, YOU SHOULD PROMPTLY RETURN THE PRODUCT TO FLASH NETWORKS LTD.
 
THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE PRODUCT BETWEEN YOU
AND FLASH NETWORKS LTD. (REFERRED TO AS "LICENSOR"), AND IT SUPERSEDES ANY PRIOR PROPOSAL,
REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES.
 
1. License Grant. Licensor hereby grants to you, and you accept, a nonexclusive
nontransferable license to use the Product in object code form only for the purpose of
optimizing data communication, and only as authorized in this License Agreement. 
The Product is licensed for your internal use only. You may make one copy of the 
accompanying user documentation for backup purposes. Any such copy shall include Licensor's
copyright and other proprietary notices. Except as authorized under this paragraph, no 
copies of the Product or any portions thereof may be made by You or any person under your 
authority or control.
 
2. License Exclusions. You shall not:
 
   (i)    copy, in whole or in part, the Product; 
   (ii)   reserve compile, reserve engineer or reserve assemble all or any portion of the 
	  Product;  
   (iii)  distribute, disclose, market, rent, lease or transfer the Product to third 
	  parties; 
   (iv)   perform or release benchmarks or other comparisons of the Product without 
	  Licensor's prior written consent;  
   (v)    modify the Product;  
   (vi)   transfer the Product to a different computer, location or site without the prior 
	  written consent of Licensor; 
   (vii)  assign or sublicense the Product;  
   (viii) use the Product for production purposes; 
   (ix)   distribute, disclose, market, or transfer any information to any third party 
          (a) relating to the results of your use of the Product; or
          (b) contained in any documentation, report or questionnaire of Licensor.
 
3. Licensor's Rights. You acknowledge and agree that the Product is a proprietary product 
   of Licensor protected under U.S. and international copyright, trademark, trade secret 
   and patent laws. You further acknowledge and agree that all right, title, and interest 
   in and to any part of the Product, including associated intellectual property rights, 
   copyrights, trademarks, or know how, are and shall remain with Licensor (or its       licensors). This License Agreement does not convey to you an interest in or to 
   the Product, but only a limited right to use, revocable in accordance with the terms of 
   this License Agreement. The provisions of the paragraph shall survive termination of 
   this Agreement.
 
4. Term. This License Agreement is effective upon you clicking Yes below.     
   IF THE PRODUCT IS AN EVALUATION VERSION, THEN THE TERM OF THIS LICENSE AGREEMENT SHALL 
   BE ONE MONTH, UNLESS SOONER TERMINATED AS PROVIDED BELOW. IF THE PRODUCT IS NOT AN 
   EVALUATION VERSION, AND YOU PAID THE LICENSOR FOR THE PRODUCT, THEN THIS LICENSE 
   AGREEMENT SHALL BE IN EFFECT FOR AN INDEFINITE PERIOD OF TIME, UNLESS TERMINATED AS 
   PROVIDED BELOW.
 
This License Agreement and the license granted hereunder shall terminate immediately, with 
or without notice from Licensor, if you fail to comply with any of its provisions and 
Licensor will have all rights and remedies available to it under applicable law (including 
the right to immediate injunctive relief). The obligations set forth in Sections 1, 2 and 3 
hereof, shall survive the termination of this License Agreement.  Upon termination, You 
agree to return the Licensor the Product and all copies and portions thereof.
 
5. Limited Warranties 
 
5a.IF THE PRODUCT  IS NOT AN EVALUATION VERSION, AND YOU PAID THE LICENSOR FOR THE PRODUCT, 
   THEN THE PROVISIONS OF THIS SECTION 5.A. SHALL APPLY:
 
Licensor warrants that the Product will perform substantially in accordance with the 
accompanying user documentation for a period of twelve (12) months from the date of your 
purchase, as evidence by a copy of the receipt for the purchase of the Product. If, during 
the twelve months warranty period, the Product does not perform substantially in accordance 
with the accompanying user documentation and you notify Licensor in writing of such 
non-performance within said period, Licensor will, at its option, repair or replace the 
Product or refund the purchase price to you.
 
The limited warranties set forth above are void if the Product has been altered, damaged 
(by accident or otherwise), abused, mis-applied or used other than in accordance with this 
License Agreement and accompanying user documentation. The limited warranties set forth 
above will apply to any replacement Product for the remainder of the original warranty 
period or for thirty (30) days following your receipt of the replacement diskette or 
Product, whichever is longer. 
 
THESE ARE YOUR SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF WARRANTY. EXCEPT AS SET FORTH 
ABOVE, LISENCOR MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCT 
AND THE ACCOMPANYING USER DOCUMENTATION. LICENSOR SPECIFICALLY DISCLAIMS ALL IMPLIED 
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE 
PRODUCT AND THE USER DOCUMENTATION.
 
No action for any breach of the above warranty may be commenced more then one year following 
the expiration of such warranty.
 
5b.IF THE PRODUCT IS AN EVALUATION VERSION, THEN THE PRODUCT IS PROVIDED "AS IS" WITHOUT 
   WARRANTY OF ANYKIND.
 
6. Disclaimer
   IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY INDIRECT DAMAGES, LOSS OF PROFITS, LOSS OF 
   GOODWILL, LOSS OF DATA OR BUSINESS INFORMATION, BUSINESS INTERRUPTION, OR ANY SPECIAL, 
   CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE 
   SOFTWARE OR ANY BREACH OF WARRANTY UNDER THIS LICENSE AGREEMENT, EVEN IF LICENSOR HAS 
   BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. LICENSOR'S LIABILITY SHALL IN NO EVENT 
   EXCEED THE AMOUNT PAID BY YOU TO THE LICENSOR FOR THE PRODUCT.
 
7. U.S. Government Restricted Rights. Use, duplication, or disclosure by the United States 
   Government is subject to certain 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. The Contractor/Manufacturer is Flash Networks Inc., and 
   can be contacted at - 2137 Highway 35N, Holmdel, NJ 07733, or at Flash Networks Ltd. – 16 
   Galgalei Haplada street, POB 12624Herzelia, 46733 Israel. 

8.Miscellaneous.  
  This License Agreement shall be governed in accordance with the laws of the State of 
  Israel. The United Nations Convention on Contract for the International Sale of Goods is 
  expressly excluded. The sole jurisdiction over all matters arising from this License 
  Agreement shall vest in the competent courts of Israel.  If you have any questions 
  concerning this License Agreement, please write to: Flash Networks Inc., and can be 
  contacted at - 2137 Highway 35N, Holmdel, NJ 07733, or at Flash Networks Ltd. – 16 
  Galgalei Haplada street, POB 12624Herzelia, 46733 Israel.
 
Should any term of this License Agreement be declared void or unenforceable by any court of 
competent jurisdiction, such declaration shall have no effect on the remaining terms hereof. 
The failure of either party to enforce any rights granted hereunder or to take action 
against the other party in the event of any breach hereunder shall not be deemed a waiver by 
that party as to subsequent enforcement of rights or subsequent actions in the event of 
future breaches. 
 
 Flash Networks Ltd.

