Boson Software(tm), Inc.

End-User License Agreement ("EULA") Revision 3/30/04 IMPORTANT - PLEASE READ CAREFULLY BEFORE REGISTERING ANY SOFTWARE OR PRODUCT FRO M BOSON SOFTWARE, INC. The following End-User License Agreement ("EULA") is bet ween Boson, its licensors, its licensees, its partners, and its affiliates ( Boson ) , and you the consumer as either an individual or organization or entity ( User ) th at is registering the Product. This EULA a legal agreement between you the End"User" ("User" is either an individual or any entity), and Boson, and Boson s lice nsors, licensees, partners, and affiliates (collectively referred to as the "Par ties"). By registering any software, study guide, or any other Boson Product(s), User in dicate User acceptance of this EULA, agrees to be bound by its terms and conditi ons for use, and acknowledges that the User is not purchasing any ownership of t he software or Product(s) under this license, but rather the User is purchasing the right to use it under the following conditions. IF THE USER DOES NOT AGREE TO THE TERMS OF THIS EULA, DESTROY ALL COPIES, AND DO NOT REGISTER THE SOFTWARE OR PRODUCT(S). *** Section 1: Boson Product License Options: *** 1.1) SINGLE COMPUTER, SINGLE User LICENSE: This license option is available for immediate purchase and is designed for the single individual. This option perm its a Boson Product to be registered on a single computer by a single individual , although quantity discounts are available. Note that with this license, the U ser is not able to transfer the license to another computer after registration through Boson's unique copy protection. This is the default license type and is applicable to the Boson NetSim, Boson Practice Tests, and all other Boson softw are Products. If the User requires multiple computer support, select the "Multi ple Computer, Single User License" option instead, if available. 1.2) MULTIPLE COMPUTER, SINGLE USER LICENSE: This license is designed for the c orporate or shared users environment. This option permits the Boson Product to be registered on a single computer at a time, however, Boson's unique "Check In, Check Out" Internet-based license technology permits license sharing. Note tha t with this license, the User will have to "Check Out" a license from Boson's se rver over the Internet to use the software Product, and then "Check In" that lic ense back to Boson's server over the Internet. This license option is limited t o a MAXIMUM of five (5) part time Users within your entire organization. This l icense requires a PIN activation code, issued by the Boson sales staff upon purc hase. 1.3) NETSIM SERVER EDITION WITH FULL UNLOCKED TELNET SUPPORT LICENSE: This spec ial Boson NetSim license is designed for the enterprise. This option permits th e Boson NetSim to be telnetted into from any source, at any time, as if the User were typing directly into the Boson NetSim device console. This unique technol ogy permits all supported commands and labs from ALL license editions to functio n in any supported user-defined network map topology without limitation. This l icense requires a PIN activation code, issued by the Boson sales staff upon purc hase. 1.4) NETSIM STUDENT EDITION FOR 10-DAYS AND LOCKED LABS LICENSE: This special B oson NetSim license option is designed for students attending a Boson authorized instructor-led class utilizing Boson's student courseware only. This option pe rmits only the supported labs as provided in the Boson courseware for a limited time. This license requires a PIN activation code, issued by the Boson sales st aff upon purchase. If the User is a student in a classroom, please ask your ins

tructor for your assigned PIN. 1.5) NETSIM INSTRUCTOR EDITION WITH TELNET AND LOCKED LABS LICENSE: This specia l Boson NetSim license option is designed for instructors teaching a Boson autho rized course utilizing Boson's student courseware only. This option permits stu dent device management, inbound telnet monitoring, equipment rack emulation, etc . This license is typically only bundled with Boson authorized courseware. Thi s license requires a PIN activation code, issued by the Boson sales staff upon p urchase. Refer to the instructor's guide for more license information. *** Section 2: Copyright Status: *** 2.1) The Boson web sites, applications, graphics, software, study guides, materi als, all Products, this agreement, and all related software product documentatio n are Copyright 1998-2004 by Boson Software, Inc. All rights reserved. 2.2) Portions of some data contained within the Content (eg. Test Questions or S tudy Guide, collectively called the "Works") wrapped within certain Boson Produc ts may be Copyright 1998-2004 by the Publisher, Licensor, Licensee, and/or its A uthors, and/or a Boson Independent Contractor Author, and if so, are being distr ibuted under written Agreement. 2.3) The Boson Independent Contractor Agreement states under penalty of perjury that no copyrighted, confidential, or intellectual property materials may be der ived or used in the creation of the Content or Works distributed by Boson. A co mplete copy of this Agreement may be downloaded by the general public at www.bos on.com/authors. 2.4) All Boson Content, Products, Materials, and/or Works are not sponsored by, endorsed by or affiliated with any other company except those partnerships expre ssly announced at www.Boson.com. 2.5) The User acknowledges the overall Product is owned and Copyright by Boson, is protected by United States copyright laws and international treaty provisions , and the User agrees not to challenge the Boson Copyright status for said Boson Product. *** Section 3: Pre-Lawsuit Disputes or Other Legal Actions: *** 3.1) In recognition of the higher costs and delay which may result in litigation , the User(s) hereto agree to binding mediation prior to any action or cause of action arising hereunder or in any way connected with or related or incidental t o the dealings of the parties hereto or any of them with respect hereto, in each case wether now existing or hereafter arising and wether sounding in contract o r tort or otherwise; The User hereby agrees and consents that any such claim, de mand, action, or cause of action shall be subject to pre-lawsuit, binding mediat ion by an independent arbiter, to be selected by Boson. 3.2) Prior to filing any law suit or other legal action, the User agrees to imme diately notify Boson of any Copyright, Trademark, Confidential Information, or o ther Intellectual Property infringements discovered on or within any Boson web s ite or Product, and further agrees to give Boson reasonable opportunity to immed iately verify and remove any such offending Product from sale. *** Section 4: Trademark Acknowledgements: *** 4.1) BOSON, BOSON.COM, BOSON ROUTER SIMULATOR, QUIZWARE, BOSON SWITCH SIMULATOR , BOSO N STATION SIMULATOR , BOSONSOFTWARE, BOSON NETWORK DESIGNER , BOSON CERTIFIED LABS , BO SON TRAINING, BOSON NETWORK SIMULATOR , BOSON NETWORK EMULATOR , BOSON NETSIM , BOSON C LASS IN A BOX , BOSON ESWITCH , BOSON EROUTER, BOSON ESTATION , EDUCATION BY SIMULATION ,

EXPERTS IN CERTIFICATION SOLUTION , and their related logos, are all trademarks o r registered trademarks of Boson in the United States and certain other countrie s. The User acknowledges exclusive Boson ownership of the marks listed and agre es not to challenge said marks. 4.2) All other trademarks, servicemarks, registered trademarks, and registered s ervicemarks, mentioned within this document or any Boson Product, Content, Web S ite, or other Works, are the property of their respective owners. The use of an y acronym or term on or within any Boson Product, Content, Web Site, or other Wo rks, should not be regarded as affecting the validity, ownership, or as a challe nge to, any trademark or servicemark. 4.3) Reasonable effort has been made to acknowledge all third-party trademarks a nd servicemarks with applicable Boson Products, however neither Boson, its staff , its management, nor the Independent Contractor Author can attest to the accura cy of that information. *** Section 5: General Terms: *** 5.1) Boson reserves the right to change prices without notice or compensation to the User. 5.2) The User's license rights under this EULA are non-exclusive. 5.3) Certain rights are not granted under this EULA which may be available under a different agreement. 5.4) User may not alter, modify, decompile, reverse engineer, disassemble, or ot herwise reduce the Product to an un-protected form. 5.5) User may not create derivative Works based upon the Product(s). 5.6) In the event that User fails to comply with this EULA, Boson may terminate the license and User must destroy, delete, and erase all copies of the Product(s ), without refund, and with all other provisions of this EULA surviving any such termination. 5.7) Upon registration (only possible after EULA acceptance), Boson only grants the User the right to use the Product as described herein. 5.8) The User may NOT copy any Content from any Boson Product, software, test qu estion, study guide, or other Boson Works or materials, to any other computer or media without said Content/Work being wrapped within the unmodified Boson Produ ct. 5.9) The User may not permit the public viewing or public use of any Boson regis tered Product. 5.10) The User agrees that any attempt to bypass, override, or otherwise circumv ent the Boson copy protection system for any Boson Product or other software is prohibited by United States Copyright Law and other International Treaties. 5.11) The User acknoweldges and accepts that all Boson license models are enforc ed through the use of Boson's unique Copy Protection. 5.12) The User has read, understands, and formally agrees with all of the terms of this entire EULA. 5.13) This EULA and all disputes and suits related thereto shall be governed, co nstrued, and interpreted in accordance with the laws of the State of Florida wit

hout regard to conflicts of laws provisions thereof. The sole jurisdiction and venue for all disputes relating to this EULA shall be the Florida State Courts f or the County of Hillsborough and the Parties hereby consent to the jurisdiction of such courts and waive all venue objections, unless otherwise selected at Bos on s sole option. 5.14) This EULA contains the complete agreement between the parties, and superse des all prior agreements or understandings, whether oral or written. User agree s that any additional terms contained in any other written notification or docum ent issued by User or Boson in relation to the Product licensed hereunder shall be void and of no effect. The failure or delay of Boson to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a wai ver of those rights or of the breach. 5.15) If a court of law or other tribunal of competent jurisdiction finds any pr ovision of this EULA invalid, illegal or unenforceable, the remaining portions o f this EULA shall remain in full force and effect and construed so as to best ef fectuate the original intent and purpose of this EULA as expressed herein. If a ny provision herein shall be held to be invalid or unenforceable for any reason, such provisions shall, to the extent of such invalidity or unenforceability, be of no force or effect, but without in any way affecting the remainder of such p rovision or any other provision contained herein, all of which shall continue in full force and effect. *** Section 6: Warranty Disclaimer: *** 6.1) Boson disclaims all warranties and representations, whether expressed, impl ied, or otherwise, including the warranties of merchantability or fitness for an y purpose whatsoever. 6.2) Boson does not warrant that the product or software is error-free or will o peration without interruption. The Product or software is not designed, intende d or licensed for any particular use whatsoever, and Boson specifically disclaim s any express or implied warranty of fitness for any purpose whatsoever. 6.3) The User understands and agrees that all Boson products are provided on an "as-is" basis, and are operated at the User's own risk. *** Section 7: Indemnification, Damages, and Limitation of Liability: *** 7.1) User shall defend, indemnify and hold Boson harmless from and against any a nd all claims, injuries, damages, obligations, liabilities, causes of action, ju dgment or costs including reasonable attorneys' fees, arising out of or in conne ction with, either directly or indirectly, any act or omission of User or Boson and its officers, employees or its subcontractors in the performance of anything under this EULA, or any other act or omission by or under the direction of User or Boson and its employees or agents under this EULA. This indemnification inc ludes, but is not limited to, any intentional, reckless, negligent, fraudulent o r criminal act of User or Boson and of any director, officer, employee, agent or third party subcontractors of User or Boson within the scope of this EULA. 7.2) Under no circumstances shall Boson be liable to the User or any third party for any indirect, incidental, consequential, special or exemplary damages (even if that part has been advised of the possibility of such damages), arising from any provision of this EULA such as, but not limited to, loss of revenue or anti cipated profit or lost business, costs of delay or failure of deliver, or liabil ities to third parties arising from any source whatsoever. Notwithstanding anyt hing else in this EULA or otherwise, Boson will not be liable with respect to an y subject matter of this EULA under any contract, negligence, strict liability o r other legal or equitable theory for (I) any incidental or consequential damage

s or lost data, or (II) any matter beyond either Parties reasonable control. 7.3) Boson's total liability to the User for actual damages for any cause whatso ever will be limited to $5.00 USD, or the amount paid by the User for the softwa re or Product(s) that caused such damage, whichever is less. Boson's limitation s on liability are intended to apply to all warranties, disclaimers, and all oth er aspects of this EULA. 7.4) The User agrees that Boson, Boson's Independent Contractor Authors, and Bos on's Staff, shall have neither liability nor responsibility to any person or ent ity with respect to any loss or damages arising from the Product, or any informa tion contained on the Boson Web Site, or from the use of any Boson related infor mation or other Products. Use of any information posted at any Boson owned web site, or use of any suggestions or recommendations made by Boson, its Products, or its staff, or use of any information within any other Product or software pro vided or owned by Boson, is entirely at User's own risk. *** Section 8: Content Disclaimer: *** 8.1) Boson disclaims any responsibility for the Content or Works of any third pa rty or contracted materials provided through or on the Boson.com web site, or on any other Boson-owned web site. 8.2) Boson does desire to respect all copyrights and to respond accordingly when notified of the infringement of those rights. Therefore, and in compliance wit h 17 U.S.C. 512, if the User believes that any such third party materials infrin ge any intellectual property rights, the User agrees to contact the following ag ent to request a review of the alleged infringement prior to filing any law suit or other legal action: Attn: Business and Legal Affairs Boson Software, Inc. 12655 Race Track Road Tampa, FL 33626 Fax (813) 925-8435 Office (813) 925-0700 *** Section 9: Government Restrictions: *** 9.1) Boson Products are provided to government agencies with restricted rights. Any and all disclosure, use, or duplication by the United States Government is restricted by subparagraphs (c)(1) and/or (2) of the Commercial Computer Softwar e Restricted Rights at 48 CFR 52.227-19, and/or, subparagraphs (c)(1)(iii) of th e Rights in Technical Data and Computer Software clause at DFARS 252.227-7013; a s applicable. 9.2) Boson optionally offers specially modified license agreements and/or custom ized technologies to government agencies (either academia or otherwise). Please contact Boson directly for details. *** Section 10: Boson Product Updates: *** 10.1) Under the following conditions and restrictions, the price of your Boson P roduct license includes: (a) Limited purchase protection as defined herein with l imited technical support for a maximum period of 90 days from the date of purcha se, and (b) Either no-cost or reduced-cost Internet download updates for a maxim um period of 12 months from the date of purchase. 10.2) Boson provides software purchase protection defined as, whereby if your Boso n software product license becomes unavailable for any reason within 90 days of

purchase, then Boson may at its sole option replace your existing license, or if discontinued then issue you a Boson gift certificate voucher for a similar Boso n replacement license of equivalent value. 10.3) Boson's software Product updates, technical support, unlock keys, and/or l icense replacements, are only provided at Boson s sole option for Boson's software Products that map to currently active vendor exams. This means that if the ven dor's exam is discontinued, then the corresponding Boson Product is usually also discontinued, and if so no further support or unlock keys will be provided. 10.4) Boson s no-cost software Product updates may be available for currently active vendor exam releases of the exact same vendor exam name, same vendor objectives , and same vendor exam version, at Boson s sole option. 10.5) Boson s reduced-cost software Product updates may be available for currently a ctive vendor exam releases of the same or equivalent vendor objectives, at Boson s sole option. 10.6) The following are example scenarios for Boson product update costs for a B oson licensed software {roduct entitled, "Boson Practice Test for XYZ 2.0 exam 6 40-607": (a) "Boson Practice Test for XYZ 2.0 exam 640-607" (with same objectiv es). Boson would provide an update to this product at no-cost, when available. (b) "Boson Practice Test for XYZ 2.0 exam 640-801" (with equivalent objectives) . Boson would provide an update to this product at reduced-cost, when available . (c) "Boson Practice Test for XYZ 3.0 exam 640-999" (with new objectives). If outside of the 90 day grace period, this would be considered an all-new Boson p roduct, and would not be covered under the Boson update policy. 10.7) Boson products that might qualify for updates could be available for Inter net download at: http://www.boson.com/eula.htm This Boson EULA and attached Product(s) Copyright 1998-2004 Boson Software, Inc. All Rights Reserved. Thank-you for supporting Boson Software, Inc.