License Form

SOFTWARE LICENSE AGREEMENT
(c) 1999 SEA Inc.

IMPORTANT - READ CAREFULLY BEFORE USING THIS SOFTWARE.

YOU MUST RESPOND BELOW IN ORDER TO PROCEED WITH THE DOWNLOAD PROCESS.

THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE LICENSEE, AND SEA INC. BY USING THE ESP604 OPERATING SYSTEM AND DIGITAL SIGNAL PROCESSOR SOFTWARE ("THE SOFTWARE"), YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. RETURN THE UNUSED PRODUCT AND THE ACCOMPANYING ITEMS, INCLUDING BUT NOT LIMITED TO ANY HARDWARE AND ACCESSORIES, WITHIN 30 DAYS FROM THE DATE OF PURCHASE, TO THE PLACE YOU OBTAINED THEM FOR A FULL REFUND.

LICENSE GRANT. SEA Inc. ("SEA") grants to you the right to use one copy of the software program ("the SOFTWARE") installed in the mobile radio device. SEA reserves any rights not expressly granted to you in this License Agreement.

COPYRIGHT. The SOFTWARE is licensed, not sold, to you. The SOFTWARE is owned by SEA and is protected by United States copyright laws and international treaty provisions. Therefore, you must comply with such laws and treaties in your use of the SOFTWARE and, among other things, you may not copy the SOFTWARE. You may not copy the written materials accompanying the SOFTWARE.

RESTRICTIONS ON USE. You may not assign, license, loan, rent, or lease the SOFTWARE or accompanying materials. You may permanently transfer the SOFTWARE and accompanying written materials, provided you retain no copies and comply with the then applicable United States of America export laws regarding the re-export of USA-origin products and data, and the recipient agrees to the terms of this agreement. You may not reverse-engineer, de-compile, or unlock, reverse translate, or in any manner decode the SOFTWARE for any reason. You may not place the SOFTWARE onto a server so that it is accessible via public network such as the Internet.

LIMITED WARRANTY. SEA warrants that for ninety (90) days after the date you purchased the mobile radio in which resides the SOFTWARE, the SOFTWARE will perform substantially in accordance with the accompanying user documentation (the "Limited Warranty"). This Limited Warranty is void if the noncompliance has resulted from accident, abuse, or misapplication. THIS LIMITED WARRANTY IS LIMITED TO YOU ONLY (it is not transferable). This Limited Warranty gives you specific legal rights and you may have other rights, which vary from state to state.

EXCLUSIVE REMEDIES. Our entire liability and your sole and exclusive remedy for breach of the foregoing warranty shall be, at SEA's option, to either (a) return the price you paid, or (b) replace the SOFTWARE that does not meet the foregoing Limited Warranty. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or 30 days, whichever is longer.

WARRANTY DISCLAIMER. SEA DOES NOT WARRANT THAT THIS SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE WARRANT THAT IT IS COMPATIBLE WITH PRODUCTS MANUFACTURED BY ANY ENTITY OTHER THAN SEA. SEA IS NOT RESPONSIBLE FOR DAMAGES OR INJURIES CAUSED BY YOUR USE, MISUSE OR INABILITY TO USE THIS SOFTWARE, OR BY THE INTERACTION OF THE SOFTWARE WITH PRODUCTS MANUFACTURED BY OTHERS.

TO THE EXTENT ALLOWED BY LAW, WE EXPRESSLY DISCLAIM ALL EXPRESS WARRANTIES NOT STATED HERE AND ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF THIS SOFTWARE QUALIFIES AS A "CONSUMER PRODUCT" UNDER THE MAGNUSON-MOSS WARRANTY ACT, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS FROM THE DATE YOU ACQUIRED THE SOFTWARE FROM US OR FROM OUR AUTHORIZED DEALER, AND THEREAFTER ANY IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED. SOME STATES DO NOT ALLOW LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL SEA BE LIABLE, WHETHER IN CONTRACT (INCLUDING WARRANTY), TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHER LEGAL THEORY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, COVER, OR DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILTY TO USE THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS OR OTHERWISE UNDER THIS AGGREEMENT, EVEN IF SEA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

US GOVERNMENTAL RESTRICTED RIGHTS. This section applies to all acquisitions of the SOFTWARE by or for the federal governments. By accepting delivery of the SOFTWARE, the government hereby agrees that the SOFTWARE qualifies as commercial computer software as that term is used in the acquisition regulation applicable to this procurement and that the government's use and disclosure of the SOFTWARE is controlled by the terms and conditions of this Agreement to the maximum extent possible. This Agreement supersedes any contrary terms or conditions in any statement of work, contract, purchase order, or other document that are not required by statute or regulation. If any provision of this Agreement violates applicable federal law or does not meet the government's actual, minimum needs, the government agrees to return the unused SOFTWARE for a full refund.

The following statement applies only to procurements governed by DFARS Part 227.4 (OCT 1988): The enclosed SOFTWARE is provided with Restricted Rights -- Use, duplication, or disclosure by the U.S. Government or any of its agencies or instrumentalities is subject to restrictions as set forth in subparagraph (c)(1)(ii) [ore (I)] of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 (OCT 1988). Contractor/Manufacturer is SEA Inc., 7030 220th St. SW, Mountlake Terrace, WA, 98043, USA.

EXPORT RESTRICTIONS. You agree that you will not export or re-export the SOFTWARE to any country, person, entity, or end user subject to USA export restrictions. Restricted countries currently include but are not limited to Cuba, Iran, Iraq, Libya, North Korea, Syria, and the Federal Republic of Yugoslavia (Serbia, Montenegro, U.N. Protected Areas and areas of Bosnia and Herzegovina under the control of Bosnian Serb forces). You warrant and represent that neither the USA Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges.

TERMINATION. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of the SOFTWARE in your possession or by returning all such copies to SEA. This Agreement and your rights to use this SOFTWARE automatically terminate if you fail to comply with any material provision of this Agreement. Your license to use this SOFTWARE also terminates if you assign this Agreement to someone else. Upon termination, you must stop all use of the SOFTWARE and must destroy any copies that remain in your possession. Otherwise, the restriction on your rights to use the SOFTWARE will end upon expiration of the copyright to the SOFTWARE.

GENERAL. (a) If any provision of this Agreement is found to be invalid by any court of competent jurisdiction, the balance of this Agreement shall remain in full force and effect. (b) This Agreement shall be governed by the laws of the State of Washington, USA. (c) This Agreement constitutes the entire agreement between you and SEA and supercedes any prior purchase order, communication, advertising, or representation concerning the SOFTWARE. No change or modification of this agreement will be valid unless it is in writing and is signed by us.

Should you have any questions concerning this agreement, or if you desire to contact SEA, please write to:

SEA Inc.
7030 220th St. SW
Mountlake Terrace, WA 98043 USA