End User License Agreement

Welcome!

It is important that you carefully read these terms before installing the Kazaa Media Desktop software. These terms when accepted by you form a license ("license") agreement between Sharman Networks Limited ("Sharman") and you ("You," "Your" Or " User") for the use of the Kazaa Media Desktop software, including any and all versions or variations of the Kazaa Media Desktop software, and any future fixes, updates and upgrades provided to you (collectively, "Kazaa" or the " Software").

In order to use Kazaa, you must first read and accept the terms of this license.

1. What You Can Do Under This license

1.1 Subject to all the terms of this license, Sharman grants you a limited, non-exclusive, personal, non-sublicensable, non- assignable license to install and use Kazaa on a computer.

1.2 Unless explicitly stated otherwise, any new features that augment or enhance the current Software, including the release of new properties, shall be subject to the terms of this license.

2. What You Can't Do Under This license

You agree not to use the Software to:

2.1 Transmit or communicate any data that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

2.2 Harm minors in any way;

2.3 Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

2.4 Forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other users;

2.5 Transmit, access or communicate any data that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non- disclosure agreements);

2.6 Transmit, access or communicate any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

2.7 Transmit or communicate any data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

2.8 Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

2.9 Interfere with or disrupt the Software;

2.10 Intentionally or unintentionally violate any applicable local, state, national or international law, including securities exchange and any regulations requirements, procedures or policies in force from time to time relating to the Software;

2.11 Monitor traffic or make search requests in order to accumulate information about individual users;

2.12 "Stalk" or otherwise harass another;

2.13 Modify, delete or damage any information contained on the personal computer of any Kazaa user;

2.14 Collect or store personal data or other information about other users; or

2.15 Intentionally make available spoofed files or files with information designed to misidentify the actual content of the file.

3. More Do's and Don'ts

3.1 This license allows you to install and use Kazaa on a single computer. This license does not permit you to install the Software on more than one computer at a time. You may make copies of the Software in machine- readable form for backup purposes only. The backup copy must include all copyright information contained on the original.

3.2 Except as expressly permitted in this license, you agree not to reverse engineer, de-compile, disassemble, alter, duplicate, modify, rent, lease, loan, sublicense, make copies, create derivative works from, distribute or provide others with the Software in whole or part, transmit or communicate the application over a network.

3.3 You may not sell, transfer or communicate the Software to any third party without our prior express written consent.

3.4 You may not use, test or otherwise utilize the Software in any manner for purposes of developing or implementing any method or application that is intended to monitor or interfere with the functioning of the Software.

3.5 You may not through the use of any third party software application, alter or modify the values stored by the Software in your computer's memory, on your computer's hard disk, or in your computer's registry, or, with the exception of completely uninstalling the Software, otherwise modify, alter or block the functioning of the Software.

3.6 You may not use unlicensed or unauthorized copies of the Software to obtain information about other users of the Software or for any other purpose.

3.7 You may not use automated means, including scripts, batch files, emulators or any others means other than direct manual input by yourself, to control the operation of Kazaa.

4. Things You Need To Know When Using Kazaa

4.1 You are responsible for paying all applicable taxes and other costs you may incur in connection with your use of the Software including but not limited to all hardware and software costs and providing all equipment and software necessary to connect to our web site and to use the Software via the Internet and any royalties or other charges relating to the use of data owned by third parties.

4.2 Sharman may from time to time present programming fixes, updates and upgrades to you, including version updates to the Software. You may accept or reject such programming fixes, updates and upgrades to you, including version updates at your sole discretion.

4.3 Installation. When you install the Software, the install program, e.g. kmd300_en.exe, is saved to your My Shared Folder and shared out to other users. You understand and agree that other users may download this file from your computer and by doing so your Internet connection will be used. If you do not want this to happen, you can delete the file or right click the file and select 'Do Not Share This File'.

4.4 My Shared Folder. By saving a file in My Shared Folder, you understand that it will be available for any other user of Kazaa and compatible programs. These users may find your files and subsequently download them from you. By doing so your Internet connection is being used.

The Software provides options regarding sharing:

* To disable sharing go to Tools->Options->Traffic and check Disable Sharing

* To disable sharing of selected files right click the file in My Kazaa and select Stop Sharing this file. The Kazaa program is a "peer-to- peer" program; this means that it communicates with other peers (other Kazaa or compatible programs). Other users may download files that you have stored in the My Shared Folder and other folders you have selected to be shared. Don't share files which are confidential, such as financial information, or which you do not have the right to distribute.

While your copy of Kazaa is communicating with other peers it receives information of the status of interconnected peers, that information is stored on your computer.

4.5 SuperNode. Your copy of the Software may serve as a SuperNode. The selection process is automated. When your computer is a SuperNode other peers will upload an index of files they are sharing to your computer and they will send search queries to your computer. Your computer will reply to these requests and also forward the request to other SuperNodes. If you do not want to serve as a SuperNode go to Tools -> Options - > Advanced and check 'Do not function as a SuperNode'. When you are a SuperNode your CPU and Internet connection is being used, but not more than 10% of the resources will be used.

5. Things You Need To Do When Using Kazaa

5.1 It is your responsibility to ensure that you obtain all consents, authorisations and clearances in any data owned or controlled by third parties that you transmit, access or communicate to others using Kazaa.

5.2 Sharman will not be liable in any way:

5.2.1 for any errors or omissions in any data, or for any loss or damage of any kind incurred as a result of any data transmitted via the Software;

5.2.2 if you are exposed to data that is offensive, indecent or objectionable; or

5.2.3 for any allegations or findings of infringement of copyright or other proprietary rights as a result of your use of the Software.

6. Copyright Infringement

6.1 Sharman respects copyright and other laws. Sharman requires all Kazaa users to comply with copyright and other laws. Sharman does not by the supply of the Software authorise you to infringe the copyright or other rights of third parties.

6.2 As a condition to use the Software, you agree that you must not use the Software to infringe the intellectual property or other rights of others, in any way. The unauthorised reproduction, distribution, modification, public display, communication to the public or public performance of copyrighted works is an infringement of copyright.

6.3 Users are entirely responsible for their conduct and for ensuring that it complies with all applicable copyright and data- protection laws. In the event a user fails to comply with laws regarding copyrights, other intellectual property rights, data-protection and privacy, such a user may be exposed to civil and criminal liability, including possible fines and jail time.

7. Sharman's Right to Run Advertising without Payment to Users

7.1 Sharman reserves the right to run advertisements and promotions on Kazaa.

7.2 By accepting the terms of this license, you agree that we have the right to run such advertisements and promotions without compensation to you.

7.3 The timing, frequency, placement and extent of advertising by us within the pages comprising kazaa.com or Kazaa is subject to change and shall be determined by us at our sole discretion.

7.4 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through kazaa.com or Kazaa, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.

7.5 You agree that Sharman is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Kazaa and/ or kazaa.com.

7.6 You agree, so long as you have not entirely deleted Kazaa from your computer, not to take any action, including downloading other software, to disable or block the display of advertising by the Software.

8. Links to Third-Party Sites and Channels

8.1 Sharman may provide links on Kazaa, kazaa.com or through icons placed on your computer's desktop upon installing the Software ("Icons") to third-party websites, and/or may frame various third-party websites (or frame within such sites) through the Software or on kazaa.com. Third- party websites, including channels, which kazaa.com, Kazaa, or Icons may link to or frame and may have co- branding and other relationships with Sharman that offer e-commerce and other services and features to users, but are not under the control of Sharman. Sharman does not have any responsibility or liability for any information, data, communications, products or materials available on such third-party sites. These linked and framed sites are only for your convenience and you therefore access them at your own risk.

9. Third Party Software

9.1 During the process of installing Kazaa, you must install software from third party software vendors pursuant to licenses or other arrangements between such vendors and yourself ("Third Party Software"), including without limitation those software components noted in Section 9.4 below. Please note that the Third Party Software may be subject to different licenses or other arrangements, which you should read carefully. By installing and using this Third Party Software you accept these Third Party Software licenses or other arrangements and acknowledge that you have read them and understand them. Sharman does not sell, resell, or license any of this Third Party Software, and Sharman disclaims to the maximum extent permitted by applicable law, any responsibility for or liability related to the Third Party Software. Any questions, complaints or claims related to the Third Party Software should be directed to the appropriate vendor.

9.2 SHARMAN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE QUALITY, SAFETY OR SUITABILITY OF THE THIRD PARTY SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SHARMAN BE LIABLE FOR ANY INDIRECT,PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER THEY MAY ARISE AND EVEN IF SHARMAN HAS BEEN PREVIOUSLY ADVISE OF THE POSSIBILITY OF SUCH DAMAGES.

9.3 There are inherent dangers in the use of any software available for downloading on the Internet, and Sharman cautions you to make sure that you completely understand the potential risks before agreeing to install any of the Third Party Software. You are solely responsible for adequate protection and backup of the data and equipment used in connection with any of the Third Party Software, and Sharman will not be liable for any damages that you may suffer in connection with using, modifying or distributing any of the Third Party Software.

9.4 Embedded Third Party Software

9.4.1 Cydoor. The software application you are about to install is supported by advertising revenue, meaning that we display ads as an integral part of our interface. This allows us to provide you with our software for free: the advertising income we receive supports for our development and distribution efforts.

We have partnered with Cydoor Technologies Ltd. (“Cydoor”) to deliver advertisements to the application interface and computer, such as banner ads, buttons, or other advertising formats when you are using the software application. Cydoor’s ad-serving technology allows us to display rotating advertisements on our application and to generate income from these advertisements. Our partnership with Cydoor enables us to avoid charging you for the software. Cydoor’s ad-serving technology is an integral part of our application. There is no separate ad-serving component, and there is no installation, explicit or otherwise, of any independent Cydoor component on your computer. After you install the software, ads are served according to predefined viewing requirements and frequency caps. Exposure is not based on any aspect of your behavior. From time to time our application will connect to Cydoor's servers in order to report aggregated performance records such as the ads that were displayed, the impressions received, and which, if any, were clicked on. These are the same kind of performance parameters that are tracked by any online advertiser, including banners displayed on a web site. Under no circumstance does the application report any other user behavior nor does it transmit any personally identifiable content.

The application does not download ANY information from the Cydoor servers aside from the actual advertisements. The application reports only basic aggregated campaign performance parameters. Be assured that Cydoor has informed us that respecting and maintaining your privacy is their top priority, both ethically and legally. If you have any questions or concerns, please visit the Cydoor website, www.cydoor.com, where you can review their privacy statement.

For information on their privacy policy, go to http://www.cydoor.com/Cydoor/.

9.4.2 The Best Offers. Kazaa incorporates a software component called the The Best Offers, which is provided by The Best Offers Network, LLC through Direct Revenue Cayman Islands IBC. The Best Offers software identifies your interests based on your computer usage and uses that information to deliver advertising messages to you. This software helps keep Kazaa free. The Best Offers software is provided pursuant to The Best Offers End User License Agreement and Privacy Statement which you acknowledge that you have read and accept. If you would like to stop receiving advertisements through The Best Offers, you will need to remove all of The Best Offers supported software from your computer, including Kazaa, using the Add/Remove Programs Control Panel. For further information on Direct Revenue and The Best Offers, go to http://www.bestoffersnetworks.com/.

9.4.3 TopSearch. The Software includes the Topsearch software provided by Altnet. The TopSearch component regularly downloads an index of available Altnet content through your Internet connection. This index contains a list of available rights managed files which can be displayed in your search results. For information on Altnet and their software, go to http://www.altnet.com. For information on their privacy policy, go to http://www.altnet.com/privacy/.

9.4.4 Bullguard P2P. The Software comes with a virus protection feature provided by Bullguard Technology, which is designed to guard your computer from virus attacks by quarantining and deleting files downloaded via P2P that may have a virus. The BullGuard P2P component will update its virus definition file through your Internet connection. For information on Bullguard and their software, go to http://www.bullguard.com. For information on their privacy policy, go to http://www.bullguard.com/privacypolicy.aspx

9.4.5 InstaFinder & RX Toolbar. Kazaa comes with software programs called InstaFinder and RX Toolbar, both of which are provided by Vista Interactive, a division of Broadspring, Inc. InstaFinder is designed to redirect your URL typing errors to InstaFinder's web page. The RX Toolbar is a software toolbar which is added to Microsoft Explorer and provides you with additional website suggestions displayed as links through the Microsoft Explorer window from Vista Interactive's advertisers based on the URL you input into your browser’s address bar and/or based on the subject matter of the web page you are visiting. These software programs help keep Kazaa free. The InstaFinder software is provided pursuant to the InstaFinder End User License Agreement (located below as Exhibit A). The RX Toolbar software is provided pursuant to the RX Toolbar End User License Agreement (located below as Exhibit B). You acknowledge that you have read and accept both agreements. For further information on Vista Interactive, go to http://www.vistainteractivemedia.com/.

9.4.6 For the purposes of this License, the Third Party Software described in this Section 9.4 is collectively referred to as "Embedded Third Party Software."

9.4.7 In exchange for downloading the Software at no cost, you expressly agree that you accept the Embedded Third Party Software and that so long as you have not entirely deleted Kazaa from your computer you will not take any action, including downloading other software which modifies, is intended to modify or permits others to modify registry or other settings on your computer to, disable, remove, block, prevent the functioning of, or otherwise interfere with any of the Embedded Third Party Software.

10. Applicable Law

10.1 This license as well as all disputes arising out of or in connection with this license shall be governed by the laws of the New South Wales, Australia, without regard to or application of choice of law rules or principles.

10.2 Any dispute arising out of or in connection with this license, or in future agreements resulting therefrom, shall be exclusively resolved before the competent court in New South Wales, Australia.

11. Points To Consider For International Use

11.1 Recognising the global nature of the Internet, you agree to comply with all local rules regarding on-line conduct and acceptable data. Specifically, you agree to comply with all applicable laws regarding copyright and the transmission of technical data exported from the country in which you reside.

12. Indemnification

12.1 YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND SHARMAN AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES, AT YOUR EXPENSE, AGAINST ANY AND ALL THIRD PARTY CLAIMS OR DEMANDS, ACTIONS, PROCEEDINGS AND SUITS AND ALL RELATED LIABILITIES, DAMAGES, SETTLEMENTS, PENALTIES, FINES COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY'S FEES AND OTHER DISPUTE RESOLUTION EXPENSES) INCURRED BY SHARMAN, DUE TO OR ARISING OUT OF DATA YOU SUBMIT,POST TO, TRANSMIT OR COMMUNICATE THROUGH THE SOFTWARE,YOUR USE OR MISUSE OF THE SOFTWARE, YOUR CONNECTION TOOTHER USERS, YOUR VIOLATION OF THIS LICENSE,OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.

13. Disclaimers of Warranties

13.1 THE SOFTWARE IS PROVIDED "AS IS", AND ON AN "AS AVAILABLE" BASIS AND THERE ARE NO CLAIMS, REPRESENTATIONS AND WARRANTIES MADE BY SHARMAN, EITHER EXPRESS, IMPLIED OR STATUTORY (TO THE EXTENT PERMITTED BY APPLICABLE LAW), WITH RESPECT TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF QUALITY, PERFORMANCE, TITLE, NON- INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIESCREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE.

13.2 ANY DATA DOWNLOADED THROUGH THE USE OF THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

14. Limitation of Liability

14.1 YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL SHARMAN BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY, EVEN IF SHARMAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLELOSSES, RESULTING FROM:

14.1.1 THE USE OR THE INABILITY TO USE THE SOFTWARE

14.1.2 THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE USE OF THE SOFTWARE;

14.1.3 UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

14.1.4 STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING THE SOFTWARE; OR

14.1.5 ANY OTHER MATTER RELATING TO THE USE OF THE SOFTWARE. IN NO EVENT SHALL SHARMAN'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF FIFTY AUSTRALIAN DOLLARS ($50).

14.2 WHERE THE TRADE PRACTICES ACT 1974 (CTH) OR SIMILAR STATE AND TERRITORY LEGISLATION IMPLIES INTO THIS license ANY CONDITION OR WARRANTY, AND THOSE LAWS AVOID OR PROHIBIT CONDITIONS IN A CONTRACT EXCLUDING OR MODIFYING THEM, THEN THE TERM, CONDITION OR WARRANTY SHALL BE DEEMED TO BE INCLUDED IN THIS LICENSE, PROVIDED THAT TO THE FULL EXTENT THAT SHARMAN IS ABLE TO THE LIABILITY OF SHARMAN FOR A BREACH OF ANY SUCH CONDITION OR WARRANTY, INCLUDING ANY ECONOMIC OR CONSEQUENTIAL LOSS, SHALL BE LIMITED AT THE OPTION OF SHARMAN TO ONE OR MORE OF THE FOLLOWING:

14.2.1 IF THE BREACH RELATED TO GOODS: (A) THE REPLACEMENTOF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; (B) THE REPAIR OF GOODS; (C) THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OBTAINING EQUIVALENT GOODS; (D) THE PAYMENT OF HAVING THE GOODS REPAIRED; OR

14.2.2 IF THE BREACH RELATES TO SERVICES: (A) THE SUPPLY OF THE SERVICE AGAIN; OR (B) THE PAYMENT OF THE COST OF HAVING THE SERVICE SUPPLIED AGAIN.

15. Termination

15.1 It is your responsibility to comply with the terms of this license and to obey the laws of your jurisdiction. Your rights under this license will terminate immediately and without prior notice if: you violate any term of this License, including violating any applicable laws or rights of any third party including the intellectual property rights of any such third party. You may be subject to legal action if you continue to use Kazaa in violation of this license.

16. Trademarks and Trade Dress

16.1 The Kazaa name, the Kazaa logo, and other Kazaa related properties are trademarks of Sharman. All other trademarks appearing on Kazaa are trademarks of their respective owners. 16.2 Kazaa "green" (Hex #98CC00) is a trade dress of Sharman Networks.

17. Miscellaneous

17.1 This license constitutes the entire understanding of you and Sharman with respect to the Software and the subject matter hereof. There are no understandings, agreements, conditions or representations, oral or written, express or implied, with reference to the subject matter hereof that are not merged herein, expressly referenced herein, or superseded hereby.

17.2 The failure or delay of Sharman to exercise or enforce any rights or provision of the license does not constitute a waiver of such right or provision.

17.3 All provisions which must survive in order to give effect to their meaning, shall survive any expiration or termination of this license, including without limitation all of your representations, warranties and indemnification obligations.

17.4 Should any part of this license be held invalid by any court or tribunal, such invalidity shall not affect the validity of any remaining part, which will remain in full force and effect as if this License had been executed without that part having been held to be invalid.

EXHIBIT A

PLEASE READ THE FOLLOWING SOFTWARE LICENSE AGREEMENT (THIS “ AGREEMENT”) CAREFULLY. THE INSTAFINDER SOFTWARE IS A PRODUCT OWNED BY VISTA INTERACTIVE, A DIVISION OF BROADSPRING, INC. (“ VISTA”) AND/OR ITS LICENSORS. BY DOWNLOADING, INSTALLING AND USING THE INSTAFINDER SOFTWARE, YOU INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. TO TERMINATE THIS LICENSE AGREEMENT, YOU MUST CEASE ALL USE OF THE KAZAA SOFTWARE AND UNINSTALL THE KAZAA SOFTWARE FROM YOUR COMPUTER BY USING THE ADD/REMOVE PROGRAMS MENU IN THE MICROSOFT® WINDOWS® CONTROL PANEL. UNINSTALLING THE KAZAA SOFTWARE FROM YOUR COMPUTER WILL AUTOMATICALLY UNINSTALL THE INSTAFINDER SOFTWARE.

WHAT INSTAFINDER DOES:

When you mistype a URL or type a URL that does not function, the Instafinder Software will redirect your Internet browser to either (i) www.instafinder.com (the “Site”), a search page operated by Vista, where the Instafinder Software will provide website suggestions from Vista’s advertising partners based on the misspelled or nonfunctional URL, or (ii) to a website from a Vista search partner or advertiser based on the misspelled or nonfunctional URL. Redirecting your Internet browser as described in this paragraph is referred to in this Agreement as the “Instafinder Functionality.”

LICENSES AND PERMISSIONS:

A. Vista grants you a non-exclusive, limited license, pursuant to the terms and conditions herein, to download, install and use the most current version of the Instafinder Software for personal, non- commercial purposes.

B. By installing the Instafinder Software, you agree to allow the Instafinder Software, while it is installed on your computer to perform the Instafinder Functionality.

IT IS STRICTLY PROHIBITED TO:

A. Modify or allow others to modify the Instafinder Software in part or in its entirety.

B. Decompile, disassemble, reverse engineer, or allow others to decompile, disassemble or reverse engineer the Instafinder Software.

C. Rent, lend, assign, lease or transfer rights to the Instafinder Software.

SHOULD YOU FAIL TO COMPLY WITH ANY OF THE ABOVE, YOUR USER RIGHTS ARE AUTOMATICALLY TERMINATED. THIS TERMINATION WILL BE IN ADDITION TO ANY CRIMINAL, CIVIL OR OTHER REMEDIES WHICH VISTA MAY SEEK.

WARRANTY DISCLAIMER:

YOU AGREE THAT YOUR USE OF THE INSTAFINDER SOFTWARE OR THE SITE IS AT YOUR OWN RISK. THE INSTAFINDER SOFTWARE IS PROVIDED TO YOU ON AN "AS IS," "WHERE IS," BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. VISTA EXPLICITLY DISCLAIMS ALL LIABILITY WITH REGARD TO THE ACCURACY, CONTENT OR AVAILABILITY OF INFORMATION FOUND ON THE SITE AND/OR THE SITES THAT LINK TO OR FROM THE INSTAFINDER SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. VISTA MAKES NO WARRANTY THAT THE INSTAFINDER SOFTWARE OR THE SITE IS FREE OF DEFECTS OR ERRORS, OR THAT ANY RESULTS THAT MAY BE OBTAINED FROM ITS USE WILL BE RELIABLE.

Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

LIMITATION OF LIABILITY:

IN NO EVENT SHALL VISTA, ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS OR AFFILIATES, OR ANY OF THE CREATORS OF THE INSTAFINDER SOFTWARE BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE INSTAFINDER SOFTWARE OR THE SITE, INCLUDING ANY DAMAGES RESULTING THEREFROM, EVEN IF VISTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.

The entire risk as to the results and performance of the Instafinder Software or the Site is borne by the user.

PROPERTY:

The "Instafinder" trademark is the sole property of Vista and is protected by United States and international trademark and intellectual property laws. Use of the “Instafinder” trademark is strictly forbidden without the express written permission of Vista. You hereby acknowledge and agree the Vista and its licensors are the sole owners of all right title and interest in and to the Instafinder Software and the Site.

GENERAL:

Vista reserves all rights not expressly granted herein. Vista may modify this Agreement at any time by posting the revised Agreement at www.instafinder.com. Your continued use of the Instafinder Software and/or the Site shall constitute your acceptance of such revised Agreement. You may not assign any rights granted to you hereunder. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law rules. Any legal proceeding arising out or relating to this Agreement will be subject to the exclusive jurisdiction of any state or federal court sitting in the County of Orange, California and you irrevocably consent to the personal jurisdiction and venue of such courts. If any provision or provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired. Vista may assign its rights and duties under this Agreement to any party at any time without notice to you. The terms set forth in this Agreement constitutes the final, complete and exclusive agreement with respect to the Instafinder Software.

EXHIBIT B

PLEASE READ THE FOLLOWING SOFTWARE LICENSE AGREEMENT (THIS “AGREEMENT”) CAREFULLY. THE RX TOOLBAR SOFTWARE IS A PRODUCT OWNED BY VISTA INTERACTIVE, A DIVISION OF BROADSPRING, INC. (“ VISTA”) AND/OR ITS LICENSORS. BY DOWNLOADING, INSTALLING AND USING THE RX TOOLBAR SOFTWARE, YOU INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. TO TERMINATE THIS AGREEMENT, YOU MUST CEASE ALL USE OF THE KAZAA SOFTWARE AND UNINSTALL THE KAZAA SOFTWARE FROM YOUR COMPUTER BY USING THE ADD/REMOVE PROGRAMS MENU IN THE MICROSOFT® WINDOWS® CONTROL PANEL.

1. LICENSE

YOU ARE GRANTED THE FOLLOWING LIMITED LICENSE:

A. Vista grants you a non-exclusive, limited license, pursuant to the terms and conditions herein, to download, install and use the most current version of the RX Toolbar Software for personal, non- commercial purposes.

B. By installing the RX Toolbar Software, you agree: (i) to allow the RX Toolbar Software during the term of this Agreement to provide suggestions of other websites for you to visit from our advertisers based on the URL you input into your browser’s address bar and/or based on the subject matter of the web page you are visiting; (ii) to allow the RX Toolbar Software during the term of this Agreement to notify you of offers, links and or information that may be of interest to you, by adding an overlay to the text or links existing on Web Sites you visit or by opening new browser windows with various offers, links and information. You agree that the foregoing may occur, without limitation, as follows: (a) upon the opening of any Web Page, the RX Toolbar Software scans the Web Page and, when you scroll over certain text or links on that Web Page, provides an overlay with active links provided by third party advertisers or Web Sites, (b) this overlay will not be part of the Web Page you are on, but is provided by the RX Toolbar Software, and (c) when you click on a marked word or phrase on or within the overlay, you will be taken to a third-party Web Page not associated with the RX Toolbar Software or the Web Site you are visiting; and (iii) to allow the RX Toolbar Software during the term of this Agreement to provide such other functionality that is, in Vista’s sole discretion, consistent with the foregoing.

C. The RX Toolbar Software does not collect any of your personal information. To review Vista’s privacy policy concerning the RX Toolbar Software (the “Privacy Policy”), please visit www.searchenginebar.com/privacy.

The Privacy Policy explains how Vista collects, stores, and uses information associated with your use of the RX Toolbar Software. YOU SHOULD CAREFULLY READ THE PRIVACY POLICY AND PERIODICALLY REVIEW THE POSTED VERSION OF THE PRIVACY POLICY FOR ANY CHANGES OR UPDATES. BY USING THE RX TOOLBAR SOFTWARE YOU AGREE TO BE BOUND BY THE TERMS OF THE PRIVACY POLICY, INCORPORATED BY REFERENCE HEREIN, AND ANY MODIFICATIONS THERETO.

D. In order to receive the benefits provided by the RX Toolbar Software, you hereby grant permission for the RX Toolbar Software to utilize the processor and bandwidth of your computer for the limited purpose of facilitating communications with Vista’s servers.

E. In addition to its right to terminate this Agreement as set forth herein, Vista may terminate the licenses granted hereunder at any time, for any reason or no reason at all, by posting notice of such termination at www.searchenginebar.com/privacy.

F. Vista has the right to provide you updates, upgrades, or enhancements to the RX Toolbar Software from time to time. Vista has the right to restrict your access to or cease providing certain features of the RX Toolbar Software at any time, with or without notice to you.

2. RESTRICTIONS

IT IS STRICTLY PROHIBITED TO:

A. Modify or allow others to modify the RX Toolbar Software in part or in its entirety.

B. Decompile, disassemble, reverse engineer, or allow others to decompile, disassemble or reverse engineer the RX Toolbar Software.

C. Rent, lend, assign, lease or transfer rights to the RX Toolbar Software.

D. Reproduce, duplicate, copy, sell, resell, distribute, publish or exploit for any commercial purpose the software, products or services provided by RX Toolbar Software or obtained from the RX Toolbar Software without obtaining the express, prior written consent of Vista (this restriction includes any attempt to incorporate any information from the RX Toolbar Software into any directory, product, or service).

E. Use any automatic or manual device or process to interfere or attempt to interfere with the proper working of any of the RX Toolbar Software, except to remove RX Toolbar Software from a computer of which you are an owner or authorized user in a manner permitted by this Agreement.

SHOULD YOU FAIL TO COMPLY WITH ANY OF THE ABOVE OR OTHERWISE BREACH THIS AGREEMENT, YOUR USER RIGHTS ARE AUTOMATICALLY TERMINATED. THIS TERMINATION WILL BE IN ADDITION TO ANY CRIMINAL, CIVIL OR OTHER REMEDIES WHICH VISTA MAY SEEK.

3. WARRANTY DISCLAIMER

YOU AGREE THAT YOUR USE OF THE RX TOOLBAR SOFTWARE OR VISTA’S SERVICES IS AT YOUR OWN RISK. THE RX TOOLBAR SOFTWARE AND VISTA’S SERVICES ARE PROVIDED TO YOU ON AN "AS IS," "WHERE IS," BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. VISTA EXPLICITLY DISCLAIMS ALL LIABILITY WITH REGARD TO THE ACCURACY, CONTENT OR AVAILABILITY OF INFORMATION FOUND ON THE SITES THAT LINK TO OR FROM THE RX TOOLBAR SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. VISTA MAKES NO WARRANTY THAT THE RX TOOLBAR SOFTWARE IS FREE OF DEFECTS OR ERRORS, OR THAT ANY RESULTS THAT MAY BE OBTAINED FROM ITS USE WILL BE RELIABLE.

Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

4. LIMITATION OF LIABILITY

IN NO EVENT SHALL VISTA, ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS OR AFFILIATES, OR ANY OF THE CREATORS OF THE RX TOOLBAR SOFTWARE BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE RX TOOLBAR SOFTWARE OR VISTA’S SERVICES, INCLUDING ANY DAMAGES RESULTING THEREFROM, EVEN IF VISTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.

The entire risk as to the results and performance of the RX Toolbar Software or Vista’s Services is borne by the user.

5. INDEMNIFICATION

By using the RX Toolbar Software and accepting this Agreement, you agree to indemnify and hold Vista, and its officers, directors, employees, agents, shareholders, licensors, assigns, affiliates and any third party distributors, harmless from and against any and all damages, losses and costs, including attorney fees and expenses, resulting from any violation by you of this Agreement or asserted by any third party due to or arising out of your use of or conduct with respect to the RX Toolbar Software.

6. PROPERTY

The RX Toolbar Software contains proprietary and confidential information of Vista, including copyrights, trade secrets and trademarks and are protected by United States and international copyright laws. The RX Toolbar Software, including without limitation all intellectual property rights therein and thereto, are and shall remain the exclusive property of Vista and its suppliers, and except for the limited license granted to you, Vista reserves all right, title and interest in and to the RX Toolbar Software. You agree not to take any action to jeopardize, limit or interfere with Vista's ownership of and rights with respect to the RX Toolbar Software. You acknowledge that any unauthorized copying or unauthorized use of the RX Toolbar Software is a violation of this Agreement and copyright laws and is strictly prohibited.

The "RX Toolbar" trademark is the sole property of Vista and is protected by United States and international trademark and intellectual property laws. Use of the “RX Toolbar” trademark is strictly forbidden without the express written permission of Vista.

7. CONTENT You understand that all content, including, without limitation all data, links, articles, search results, graphic or video messages and all information, text, software, music, sound, graphics or other materials (“Content”) made available or accessible through the RX Toolbar Software or Vista’s services, whether publicly available or privately transmitted, is the sole responsibility of the entity from whom it originated. You understand and agree that by using the RX Toolbar Software, you may be exposed to Content that may be offensive, indecent or objectionable to you. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will Vista be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for loss or damage of any kind incurred as a result of the use of any Content posted or transmitted via the RX Toolbar Software.

In addition, all content made available or accessed through the RX Toolbar Software is the property of the applicable content owner and may be protected by applicable laws including without limitation those relating to copyrights, trademarks and other intellectual property rights. This Agreement gives you no rights to such content.

8. EXPORT CONTROL LAW; NOTICE TO U.S. GOVERNMENT USERS

The export and re-export of the RX Toolbar Software is controlled by the United States Export Administration Regulations and such software may not be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria or any country to which the United States embargoes goods. In addition, the RX Toolbar Software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals. By downloading the RX Toolbar Software, you are certifying that you are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria or any country to which the United States embargoes goods and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals. All Vista products and publications are commercial in nature. The RX Toolbar Software and documentation available on the www.searchenginebar.com/privacy. site are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (i) only as Commercial Items and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

9. ELECTRONIC SIGNATURES AND AGREEMENTS

You acknowledge and agree that by clicking on the button labeled “ SUBMIT”, “DOWNLOAD”, “I ACCEPT” or such similar links as may be designated by Vista or Sharman Networks to download the RX Toolbar Software to accept the terms and conditions of this Agreement, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE APPLICATION OR SERVICES OFFERED BY VISTA. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

10. GENERAL

Vista reserves all rights not expressly granted herein. Vista may modify this Agreement at any time by posting the revised Agreement at www.searchenginebar.com/privacy. and/or providing the revised Agreement with an update of the RX Toolbar Software. Your installation of any such update and/or your continued use of the RX Toolbar Software shall constitute your acceptance of such revised Agreement. You may not assign any rights granted to you hereunder. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law rules. Any legal proceeding arising out or relating to this Agreement will be subject to the exclusive jurisdiction of any state or federal court sitting in Orange County, California and you irrevocably consent to the personal jurisdiction and venue of such courts. If any provision or provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired. Vista may assign its rights and duties under this Agreement to any party at any time without notice to you. Sections 2, 3, 4, 5, 6, 7, 8 and 9 shall survive the termination or expiration of this Agreement. The terms set forth in this Agreement constitutes the final, complete and exclusive agreement with respect to the RX Toolbar Software.