End User License Agreement

GW Micro, Inc.

This End-User License Agreement (“EULA”) is a legal agreement between you and GW MICRO, INC. (“GW MICRO”), an Indiana corporation. This EULA governs your use of the Window-Eyes™ software that you have purchased. The Window-Eyes™ software and digital content are sometimes referred to herein as the “Licensed Materials.”

This EULA may not, in any part, be copied, photo-copied, reproduced, translated, or be reduced to any electronic medium or machine-readable form or other alternative format without prior written consent from GW MICRO, Inc.

License warranty restrictions and information for the agreed on number of users based on the latest invoice for the serial number supplied on this media, referred to herein as the AUTHORIZED LICENSE COUNT, subsists in one of the following license paragraphs:

1a. SINGLE USER LICENSE. GW MICRO is granting you a single license in the Licensed Materials. You may install the Licensed Materials on as many machines as you need so long as you are the sole user of the Licensed Materials. Installation for use, or use, of the Licensed Materials by any person or entity other than you constitutes a violation of this EULA. The license granted hereunder is a personal, non-exclusive and non-transferable license, with no right to grant sublicenses, to use the Licensed Materials in accordance with the terms and conditions of this EULA. This license will not expire so long as you comply with the terms of this EULA. The Licensed Materials include computer software and include associated media, printed materials and "on-line" or electronic documentation.

1b. SITE LICENSE. GW MICRO is granting you an AUTHORIZED LICENSE COUNT site license in the Licensed Materials. You may install the Licensed Materials on as many machines as you need so long as only the AUTHORIZED LICENSE COUNT of individuals are authorized to use the Licensed Materials. In the event that you install the Licensed Materials on multiple machines, all such machines must be located at the same site. In the case of colleges, universities, learning/tutorial institutions and companies with multiple locations, this site license is only valid for only one campus and/or location. Additional site licenses must be obtained in order to install the Licensed Materials at multiple locations. Installation of the Licensed Materials for use by more than the AUTHORIZED LICENSE COUNT of users constitutes a violation of this EULA. Use of the Licensed Materials for use by more than the AUTHORIZED LICENSE COUNT of users constitutes a violation of this EULA. The license granted hereunder is a non-exclusive and non-transferable license, with no right to grant sublicenses, to use the Licensed Materials in accordance with the terms and conditions of this EULA. This license will not expire so long as you comply with the terms of this EULA. The Licensed Materials include computer software and include associated media, printed materials and "on-line" or electronic documentation.

1c. AGENCY LICENSE. GW MICRO is granting you an agency license in the Licensed Materials. You may install the Licensed Materials on as many machines as you need so long as only the AUTHORIZED LICENSE COUNT of individuals are authorized to use the Licensed Materials. Additional licenses must be obtained in order for more than the AUTHORIZED LICENSE COUNT of users to use the Licensed Materials. Installation of the Licensed Materials for use by more than the AUTHORIZED LICENSE COUNT of users constitutes a violation of this EULA. Use of the Licensed Materials for use by more than the AUTHORIZED LICENSE COUNT of users constitutes a violation of this EULA. The license granted hereunder is a non-exclusive and non-transferable license, with no right to grant sublicenses, to use the Licensed Materials in accordance with the terms and conditions of this EULA. This license will not expire so long as you comply with the terms of this EULA. The Licensed Materials include computer software and include associated media, printed materials and "on-line" or electronic documentation.

1d. WIDE AREA NETWORK LICENSE. GW MICRO is granting you a Wide Area Network license in the Licensed Materials. The AUTHORIZED LICENSE COUNT of users are authorized to use the Licensed Materials, but you may only install the Licensed Materials on one server computer in one location. Additional licenses must be obtained in order for more than the AUTHORIZED LICENSE COUNT of users to use the Licensed Materials. Installation of the Licensed Materials on more than one computer server constitutes a violation of this EULA. Use of the Licensed Materials for use by more than the AUTHORIZED LICENSE COUNT of users constitutes a violation of this EULA. The license granted hereunder is a non-exclusive and non-transferable license, with no right to grant sublicenses, to use the Licensed Materials in accordance with the terms and conditions of this EULA. This license will not expire so long as you comply with the terms of this EULA. The Licensed Materials include computer software and include associated media, printed materials and "on-line" or electronic documentation.

2. SOFTWARE PROTECTION. The Licensed Materials are the property of GW MICRO and contain confidential information and trade secrets of GW MICRO. You agree to use the Licensed Materials only as provided in this EULA and agree not to make the Licensed Materials available to any third party without the prior written consent of GW MICRO. You may not rent, lease, sublicense, loan, resell for profit, distribute or otherwise disseminate the Licensed Materials. You may not reverse engineer, decompile, or disassemble the Licensed Materials. You are permitted to make one copy of the Licensed Materials for back-up purposes only; any other copy or copies of the Licensed Materials are strictly unauthorized without the prior written consent of GW MICRO. Although Window-Eyes is not copy protected in the United States (other countries may apply), a unique serial number has been assigned to your copy of Window-Eyes and has been registered in your name. You agree to visit http://www.gwmicro.com/upgrade, or call GW MICRO at 260-489-3671, and register your copy of the Licensed Materials as soon as possible.

This EULA shall not apply to any copy of the Licensed Materials which is or becomes part of the public domain through no fault of your own.

3. SUPPORT AND SOFTWARE UPDATES. GW MICRO is under no obligation to provide product support (“Support”) for the Licensed Materials, or to provide you with updates, bug fixes, builds or error corrections ("Software Updates"). Any decision to provide you with Support and/or Software Updates shall be made at the sole discretion of GW MICRO. In the event GW MICRO chooses to provide you with such Support and/or Software Updates, such Support and/or Software Updates shall be considered part of the Licensed Materials for all purposes hereunder.

4. LIMITED WARRANTY; ALL OTHER WARRANTIES DISCLAIMED. GW MICRO warrants that the original software media are free from defects in material and workmanship, assuming use is in accordance with the designed and/or intended use of the Licensed Materials, for a period of 30 days from the date of purchase. If a defect occurs during this period, you may return your copy of the software media to GW Micro, Inc., along with a dated proof of purchase. Upon receipt of such proof of purchase GW MIRCRO will replace the Licensed Materials free of charge. YOU AGREE THAT YOU ARE INSTALLING AND USING THE LICENSED MATERIALS AT YOUR OWN RISK. EXCEPT FOR THE 30-DAY LIMITED WARRANTY PROVIDED HEREIN, THE LICENSED MATERIALS ARE PROVIDED BY GW MICRO “AS-IS” AND WITHOUT ANY OTHER WARRANTY. GW MICRO EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED. IN THE EVENT THAT SUPPORT AND/OR SOFTWARE UPDATES ARE PROVIDED BY GW MICRO, SUCH SUPPORT AND/OR SOFTWARE UPDATES SHALL NOT CREATE ANY WARRANTY, TERM OR CONDITION RELATING TO THE LICENSED MATERIALS. IN THE EVENT THAT THE LICENSED MATERIALS ARE DEFECTIVE, YOU AGREE TO ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIRS AND/OR CORRECTIONS. THIS WARRANTY DISCLAIMER SECTION DOES NOT APPLY TO YOU IF YOU RESIDE IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.

5. EXPIRATION AND TERMINATION. The rights granted to you to use the Licensed Materials are conditioned on your continued possession of the Licensed Materials and your continued right to use the Licensed Materials that you have purchased. Your rights to use the Licensed Materials shall expire immediately, without notice from GW MICRO, in the event that you violate any of the terms and conditions of this EULA. Upon termination of this EULA, you agree to destroy the Licensed Materials and otherwise render your copy of the Licensed Materials unusable. The obligations of this EULA shall survive the termination of this Agreement and shall apply to the Licensed Materials regardless of its incorporation by you into any other programs not provided by GW MICRO.

6. OWNERSHIP AND COPYRIGHT. All rights, title to and intellectual property rights in the Licensed Materials and any related documents shall remain owned and/or controlled exclusively by GW MICRO. GW MICRO reserves all rights in the Licensed Materials not specifically granted to you under this EULA. YOU ACKNOWLEDGE THAT GW MICRO MAY PURSUE CIVIL AND CRIMINAL PENALTIES FOR THE UNAUTHORIZED REPRODUCTION AND/OR DISTRIBUTION OF THE LICENSED MATERIALS.

7. ASSIGNMENT. Your rights under this EULA may not be assigned by you without receiving prior written approval from GW MICRO. GW MICRO may freely assign this EULA, in which case this EULA shall be binding upon the assignee of GW MICRO.

8. LIMITATION OF LIABILITY. GW MICRO SHALL NOT BE LIABLE FOR ANY LOSS, INJURY OR DAMAGE, EITHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE, ARISING OUT OF ANY INJURY, LOSS, DAMAGE OR OTHER LIABILITY OF ANY KIND OR NATURE SUSTAINED BY, INCURRED BY, ASSESSED, ASSERTED AGAINST, OR IMPOSED UPON YOU OR ANY OTHER PERSON OR ENTITY, ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM THE PRODUCTION, USE OR SALE OF THE LICENSED MATERIALS. YOU SHALL DEFEND AND HOLD GW MICRO HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, COSTS, EXPENSES OR LOSSES ARISING OUT OF YOUR USE OF THE LICENSED MATERIALS, YOUR NEGLIGENCE, VIOLATION OF LAWS OR REGULATIONS, AND/OR YOUR BREACH OF ANY PROVISION OF THIS EULA. UNDER NO CIRCUMSTANCES SHALL THE LIABILITY OF GW MICRO EXCEED THE AMOUNT PAID BY YOU FOR THE LICENSED MATERIALS. NEITHER GW MICRO NOR ANY OF ITS EMPLOYEES, MAKES ANY WARRANTY, EXPRESS OR IMPLIED, OR ASSUMES ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY DATA, APPARATUS, PRODUCT, OR PROCESS DISCLOSED, OR REPRESENTS THAT ITS USE WOULD NOT INFRINGE PRIVATELY OWNED RIGHTS.

9. GOVERNING LAW; WAIVER OF TRIAL BY JURY. This EULA shall be governed by the internal laws of the State of Indiana, without giving effect to the principles of conflict of laws. You consent to the exclusive jurisdiction and venue of the state courts sitting in Allen County, Indiana, and/or the federal courts in the Northern District of Indiana to resolve any disputes arising under this EULA. You hereby waive all rights and/or entitlement to trial by jury in connection with any dispute that arises out of or relates in any way to this EULA or the Licensed Materials.

10. General. This EULA constitutes the entire agreement between you and GW MICRO and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. The failure or delay of GW MICRO to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach. This Agreement may be amended or modified by GW Micro, Inc. without notification. GW Micro, Inc. is not responsible for any typographic errors or interpretation errors of this EULA or any other information created and/or maintained by GW MICRO. If any provision of this EULA is held to be invalid or unenforceable by any court or other authority, that provision will be enforced to the maximum extent permissible and such invalidity or unenforceability shall not affect the validity or enforceability of any other provision contained in this EULA.