INSTALLING AND USING THE SOFTWARE ACCOMPANYING THIS LICENSE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. READ ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT PRIOR TO INSTALLING OR USING THE SOFTWARE. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST DELETE THE SOFTWARE FROM YOUR HARDWARE.

PLEASE NOTE THAT YOU MAY NOT USE, COPY, MODIFY OR TRANSFER THE PROGRAM OR DOCUMENTATION OR ANY COPY, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT.

License. The slingshot Connection Manager software program (the "Software") and the accompanying documentation (the "Documentation") are licensed, not sold, to you by Slingshot Communications Inc. and its licensors (collectively "Licensors"). Subject to the terms of this agreement, you have a nonexclusive right to use the Software and the Documentation. You may use, copy, install, and distribute the Software on computers located in the United States and its territories, and in Canada. The Software requires an activation key to operate, which is your responsibility to protect and keep safe from unauthorized use. Any use of your activation key by persons other than you is not the responsibility of Licensors. Your use of the slingshot services through the Software is also subject to the slingshot Terms of Service.

Restrictions. You may not (i) rent, lease, sell, sublicense, or export copies of the Software or the Documentation to others or (ii) modify, translate, reverse assemble, reverse compile or otherwise attempt to create or derive the source code from the Software. You agree that you neither own nor acquire any claim or right of ownership to the Software and the Documentation or to any related patents, copyrights, trademarks or other intellectual property. Licensors reserve all rights not expressly granted to you.

Term and Termination. You may terminate this license at any time by destroying the Software. This license automatically terminates if you fail to comply with its terms and conditions. You agree that, upon termination, you will destroy all copies of the Software and the Documentation, together with any other material you have received from Licensors in connection with the Software.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY. LICENSORS PROVIDE THE SOFTWARE AND THE DOCUMENTATION "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. The risk of using the Software and Documentation lie entirely with you. IN NO EVENT WILL LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF LICENSORS OR THEIR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

U.S. Government End Users. The Software is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire only those rights in the Software that are provided by this Agreement.

Miscellaneous. This license will be governed by the laws of the State of Arizona and the United States of America, without regard to conflicts of laws principles. This Agreement constitutes the entire agreement between the parties with respect to the Software and the Documentation, and supersedes any other written or oral agreement.

The Software, Documentation and this License Agreement © 2000-06 Slingshot Communications Inc.