Copyright © 2002-2003 by Sonophile, Inc. All rights reserved.

YOU MUST READ THESE TERMS AND CONDITIONS BEFORE YOU USE THIS APPLICATION.

PLEASE PAY PARTICULAR ATTENTION TO THE "NO WARRANTY" AND "LIMITATION OF LIABILITY" SECTIONS. AFTER YOU HAVE READ THIS AGREEMENT, FOLLOW THE INSTRUCTIONS BELOW FOR ACCEPTING THIS AGREEMENT AND USING THIS APPLICATION. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MAY NOT DOWNLOAD OR USE THIS SOFTWARE.

As used hereunder, Sonophile refers to Sonophile, Inc.

1. USE OF SOFTWARE. You (an entity or a person) may use this APPLICATION (the "Software"), subject to the following conditions.

2. TERMINATION. Sonophile may terminate this Agreement and your right to use the Software, or may modify the terms of this Agreement, at any time without notice. Upon termination you must deinstall and destroy all copies of the Software.

3. NO WARRANTY. Given the nature of this license and of the Software, Sonophile IS PROVIDING THE SOFTWARE TO YOU "AS IS" AND MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE OR ANY RELATED USER DOCUMENTATION, INCLUDING, WITHOUT LIMITATION, THEIR QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

4. LIMITATION OF LIABILITY. Because software is inherently complex and may not be completely free of errors, you are required to verify your work and to make backup copies. GIVEN THE NATURE OF THE SOFTWARE, IN NO EVENT WILL Sonophile BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, TORT, COVER OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER IN CONNECTION WITH YOUR USE OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION, DAMAGES OR COSTS RELATING TO LOSS OF PROFITS, BUSINESS, GOODWILL, DATA OR COMPUTER PROGRAMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5. Redistribution and use in binary form without modification are permitted provided the redistribution reproduces the above copyright notice, this list of conditions and disclaimers in the documentation and/or other materials provided with the distribution. Redistribution in any other form is prohibited.

6. MISCELLANEOUS. This Agreement may not be amended or modified without the written consent of an authorized representative of each party. The terms of Sections 1, 3 and 5 shall survive any termination of this agreement.