The following is a copy of the license contained on the package this disk was provided in: IMPORTANT--READ CAREFULLY BEFORE PROCEEDING. By opening this package, you indicate your acceptance of the following RFM License Agreement (the "Agreement") and the terms and conditions set forth herein. RFM LICENSE AGREEMENT This is a legal contract between you, the end user, and RF MONOLITHICS, INC. ("RFM"). By opening this package or installing the software contained on the media included in this package, you are agreeing to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, return this package unopened with your Virtual Wire(r) Development Kit (the "Kit") to the place you purchased the Kit for a full refund. 1. Grant Of License. RFM grants you a personal, nonexclusive, restricted right to use the terminal program software (the "Software"), for experimental (noncommercial) purposes only, solely in conjunction with the Kit, to evaluate the feasibility of low-power wireless data communications applications. You are granted the right to reproduce the Software only in the limited quantities necessary for use with the Kit, and to create derivative works of the Software for use with the Kit. You understand that RFM may update the Software at any time and in doing so incurs no obligation to furnish such updates to you pursuant to this Agreement. 2. Restrictions. The Software is owned by RFM or its suppliers and is protected by United States copyright laws and international treaty provisions. RFM reserves all rights in the Software not expressly granted to you. Except as permitted in Section 1, you may not use, copy, modify, create derivative works of, distribute, sell, assign, pledge, sublicense, lease, loan, rent, timeshare, deliver, or otherwise transfer the Software, nor permit any other party to do any of the foregoing. You may not remove from the Software, or alter, any of the trademarks, trade names, logos, patent or copyright notices or markings, or add any other notices or markings to the Software. You furthermore agree that RFM products are not suitable for use in life-support applications, nuclear control applications, or radioactive areas, and furthermore agree not to use the Software or Kit to design equipment for the aforementioned applications. 3. Limited Media Warranty. RFM warrants that the physical storage medium (e.g., diskette) provided by RFM which contains the Software will be free from defects in materials and workmanship under normal use and service for a period of 90 days from the date of purchase. RFM's entire liability and your sole and exclusive remedy for the breach of this Limited Media Warranty shall be replacement of the media containing the Software which does not meet RFM's Limited Media Warranty and which is returned to RFM or an authorized RFM distributor with a copy of your receipt. 4. Disclaimer Of Warranty. You acknowledge that the Software is experimental software, and that RFM makes no representation with respect to the adequacy of the Software or Kit in developing your low-power wireless data communications applications or systems, nor for the adequacy of such design or result. RFM does not warrant that the functions contained in the Software will be uninterrupted or error-free, or that defects in the Software will be corrected. EXCEPT FOR THE LIMITED MEDIA WARRANTY, RFM AND ITS LICENSORS PROVIDE THE SOFTWARE ON AN "AS IS" BASIS, AND WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from state to state. 5. LIMITATION OF LIABILITY. IN NO EVENT SHALL RFM OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES (WHETHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHERWISE) IN EXCESS OF THE PRICE ACTUALLY PAID BY YOU TO RFM FOR THE SOFTWARE AS PART OF THE KIT, REGARDLESS OF UNDER WHAT LEGAL THEORY, TORT, OR CONTRACT SUCH DAMAGES MAY BE ALLEGED (INCLUDING, WITHOUT LIMITATION, ANY CLAIMS, DAMAGES, OR LIABILITIES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR FOR INJURY TO PERSON OR PROPERTY) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF RFM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 6. Term And Termination. This license is effective until terminated. You may terminate this license at any time by destroying all copies of the Software and any derivative works created therefrom. This license automatically terminates if you fail to comply with its terms and conditions. You agree that, upon such termination, you will either destroy (or permanently erase) all copies of the Software, or return the original Software and Kit to RFM, together with any other material you have received from RFM in connection with the Software. 7. Government Restricted Rights. The Software and associated written materials are "commercial item(s)," as that term is defined at 48 C.F.R. 2.101 (Oct., 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept., 1995) and are provided to the U.S. Government only as a commercial end item. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June, 1995), all U.S. Government End Users acquire the Software and associated written documentation with only those rights set forth herein. 8. Miscellaneous. This Agreement is governed by and construed under the laws of the State of Texas. The application of the United Nations Convention on Contracts for the International Sales of Goods is expressly excluded. This Agreement constitutes the entire agreement between the parties with respect to the use of the Software and written materials, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The failure to require performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable, or invalid as a whole, and, in such event, any such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or intended provision within the limits of applicable law or applicable court decisions. The laws and regulations of the United States restrict the export and reexport of commodities and technical data of United States origin, including the Software. You agree that you will not export or re-export the Software in any form, without the appropriate United States and foreign governmental licenses. [Should you have any questions concerning this Agreement, or if you wish to contact RFM for any reason, please call or write: RF Monolithics, Inc. 4441 Sigma Road, Dallas, TX 75244. Phone: (972) 233-2903]