Global Software License Agreement (page 1 of 4)

NOTICE TO END USER: THIS IS A LEGAL AND BINDING

AGREEMENT. PLEASE READ IT CAREFULLY. BY CLICKING
THE BUTTON TO ACKNOWLEDGE YOUR AGREEMENT TO
AND ACCEPTANCE OF THIS LICENSE AGREEMENT, YOU
ACKNOWLEDGE THAT YOU HAVE REVIEWED, OR HAD THE
OPPORTUNITY TO REVIEW, AND HEREBY AGREE TO AND
ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS
LICENSE AGREEMENT. IF YOU DO NOT AGREE TO AND
ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE
AGREEMENT, YOU MUST CLICK THE BUTTON WHERE
INSTRUCTED TO ACKNOWLEDGE THAT YOU DECLINE
AND YOU WILL NOT BE ABLE TO USE THE SOFTWARE. IF
YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF
THIS LICENSE AGREEMENT OR YOU ACCEPT THIS LICENSE
AGREEMENT IN ERROR, RETURN THE SOFTWARE, TOGETHER
WITH THE HARDWARE KEY, IF ANY, AND ALL OTHER
MATERIALS AND DOCUMENTATION WITHIN 72 HOURS
TO THE PLACE OF PURCHASE.

including fixes, updates, supplements, XTensions software, add-on

components, validation codes, QLA and license files, if any, unless
Quark provides other terms along with such software; End User
means the individual or entity who purchased the SOFTWARE and
who is entering into this License Agreement; INSTALL means to
copy the SOFTWARE to a hard disk drive or similar storage device;
PRODUCT MEDIA refers to the medium in which or on which the
SOFTWARE is embodied or contained, whether on a disk(s), CD-ROM(s),
digital file(s), or pursuant to technology now known or hereinafter
developed; DONGLE refers to the hardware key, if any, for copyprotection of the SOFTWARE; QLA refers to the multi-user license
administration technology described in Section 3; USE means to
access, install, run, display, download, copy or otherwise benefit from
using the functionality of the SOFTWARE; QUARK means the entity
granting this license to End User under the terms and conditions of
this License Agreement.

WARNING: IN THE EVENT YOU ACCEPT THIS LICENSE

AGREEMENT IN ERROR, YOU ARE STRICTLY PROHIBITED
FROM MAKING COPIES OF THE SOFTWARE. UNAUTHORIZED
USE OR REPRODUCTION OF THE SOFTWARE MAY RESULT IN
CIVIL AND/OR CRIMINAL LIABILITY.

End User is granted a non-exclusive, non-transferable License to USE

the SOFTWARE and documentation subject to the restrictions and
terms set forth in this License Agreement. End Users who have
purchased a Single-User License may INSTALL and USE the SOFTWARE
on a single computer. End Users who have purchased a multi-user
License may INSTALL the SOFTWARE on the number of computers
and allow USE of the SOFTWARE by the number of users for which
End User is licensed. The SOFTWARE installer for multi-user licenses
may be USED over a network. Documentation received in electronic
form may only be used and accessed by the number of users for
which End User is licensed. Otherwise, documentation may not be
copied, accessed by multiple users or distributed without Quarks
written consent. END USERS WITH MULTI-USER LICENSES
MUST INSTALL QLA AS DESCRIBED IN SECTION 3. QLA may
be installed on a server and used over a network; provided, however,
that End User may only access its Purchased Licenses and the
permitted number of Auxiliary Licenses pursuant to Section 3.
Other than as stated herein, End User may not INSTALL or USE the
SOFTWARE on a distributed or multi-user computer system, such as a
local area or wide area network, intranet, the Internet, or multi-user
accessible computer, or any other computer or electronic device now
known or hereinafter developed (Device); the SOFTWARE must be
USED on a local hard drive only. The limitations/restrictions on USE
contained herein apply to any indirect connections made through
multiplexing or other hardware or software which pools or
aggregates connections. A license for the SOFTWARE may not be
shared or used concurrently. End User may not permit any Device
to USE the SOFTWARE or the SOFTWAREs User interface unless the
Device has a separate license for the SOFTWARE. THERE ARE
TECHNOLOGICAL MEASURES IN THE SOFTWARE THAT ARE
DESIGNED TO PREVENT UNLICENSED OR ILLEGAL USE OF
THE SOFTWARE. YOU AGREE THAT WE MAY USE THOSE
MEASURES. End User may make a single copy of the SOFTWARE as
an archive copy, provided that it includes all notices and markings,
including copyright, trademark, and other proprietary notices as on
the original, and which may not be in USE at any time, unless the
original is damaged beyond USE, and must remain in the possession
and control of End User. Should the End User download or otherwise
receive a digital copy of the SOFTWARE an/or documentation, and
then be provided with the SOFTWARE and/or documentation in
tangible media form, such as a CD-ROM, the End User acknowledges
that use of the SOFTWARE and documentation is still subject to the
foregoing restrictions upon USE. SOFTWARE which is Not for Resale
or NFR as indicated on the product packaging, the product media
and/or the serial number may not be resold, or otherwise transferred
for value. If the SOFTWARE is for educational institutions or students,
End user must meet Quarks qualifications for USE of such SOFTWARE.

INSTALLATION, COPYING OR OTHER USE OF THE SOFTWARE

BY YOU OR YOUR AGENT SIGNIFIES YOUR AGREEMENT TO
BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT.
THE PURPOSE OF THIS GLOBAL END USER LICENSE
AGREEMENT ("LICENSE AGREEMENT") IS TO SET FORTH
THE TERMS AND CONDITIONS UNDER WHICH YOU (THE
"END USER") MAY USE THE SOFTWARE (DEFINED BELOW).
IF END USER IS A PERSON WITH PRINCIPAL RESIDENCE IN
THE AMERICAS (MEANING NORTH, SOUTH, AND CENTRAL
AMERICA), OR AN ENTITY WITH PRINCIPAL PLACE OF
BUSINESS IN THE AMERICAS, "QUARK" SHALL MEAN QUARK
DISTRIBUTION, INC., A CORPORATION ORGANIZED PURSUANT
TO THE LAWS OF WYOMING, WITH PRINCIPAL PLACE OF
BUSINESS AT 5801 CAMPSTOOL ROAD, CHEYENNE, WYOMING
80027. IF END USER IS A PERSON WITH PRINCIPAL RESIDENCE
OUTSIDE OF THE AMERICAS, OR AN ENTITY WITH PRINCIPAL
PLACE OF BUSINESS OUTSIDE OF THE AMERICAS, "QUARK"
SHALL MEAN QUARK MEDIA HOUSE SARL, A COMPANY
ORGANIZED PURSUANT TO THE LAWS OF SWITZERLAND,
WITH PRINCIPAL PLACE OF BUSINESS AT 7, RUE DE SAINTNICOLAS, 2000 NEUCHATEL, SWITZERLAND. IF END USER IS AN
ENTITY, THE PERSON ACCEPTING THIS LICENSE AGREEMENT
ACKNOWLEDGES THAT HE OR SHE IS BINDING THE ENTIRE
ENTITY, AND REPRESENTS THAT HE OR SHE HAS THE
AUTHORITY TO DO SO, OR IN THE EVENT HE OR SHE DOES
NOT HAVE THE AUTHORITY, HE OR SHE SHALL BE PERSONALLY
LIABLE FOR ANY DAMAGES RESULTING FROM A BREACH OF
THIS LICENSE AGREEMENT. PRINCIPAL RESIDENCE OR
"PRINCIPAL PLACE OF BUSINESS" SHALL MEAN THE ADDRESS
QUARK HAS OF RECORD FOR END USER.
THIS LICENSE AGREEMENT SETS FORTH THE TERMS AND
CONDITIONS OF THE LICENSE FOR THE SOFTWARE. Some
third-party materials included in the SOFTWARE may be subject to
other terms and conditions included in a separate license agreement
or materials which accompany such software.
DEFINITIONS:
The following definitions are applicable to this License Agreement:
SOFTWARE refers to the software program and all other materials,
regardless of the PRODUCT MEDIA which embodies it and whether
received contemporaneously with this License Agreement or thereafter,

1. SOFTWARE LICENSE GRANT:

Global Software License Agreement (page 2 of 4)

2. RESTRICTIONS:
The only right granted to End User is the right to use the software
and accompanying documentation in accordance with this License
Agreement. The SOFTWARE is licensed not sold. The SOFTWARE is
protected by copyright and other intellectual property laws and
treaties. Quark, the Quark Affiliated Companies, and their licensors
own the title, copyright, and other intellectual property rights in the
SOFTWARE. For purposes of this License Agreement, Quark Affiliated
Companies (or Quark Affiliated Company) shall mean any person,
branch, or entity controlling, controlled by or under common
control with Quark, or a majority of the shareholders of Quark or a
Quark Affiliated Company, whether now existing or formed in the
future, together with any person, branch, or entity which may
acquire such status in the future. All rights not expressly granted
to End User in this License Agreement are specifically reserved to
QUARK. End User does not receive or acquire any right, title, or
interest to the SOFTWARE, or to any applicable patents, trademarks,
copyrights, or trade secrets. End User may not remove or alter any
proprietary notices, labels, or trademarks on the SOFTWARE or
accompanying documentation. End User may not modify, translate,
copy, reproduce, reverse engineer, disassemble, decompile, decrypt
or otherwise derive source code from the SOFTWARE, any portion
thereof or accompanying documentation, or use it as a basis for the
preparation of other software programs or derivative works, or use it
in any manner that infringes the intellectual property or other
rights of QUARK or any other party, except as expressly permitted
hereunder or under applicable law. End User shall not use, integrate,
combine or otherwise exercise any license rights under this Agreement
in any manner that would render the SOFTWARE or any component
thereof Public Source Software. As used herein, Public Source
Software means any software that (in whole or in part) includes,
or is otherwise derived in any manner from, any software that is
distributed under conditions that include: (i) licensees of such
software are authorized to access, modify and make derivative works of
the source code for the software: (ii) licensees of source code of such
software are not obligated to maintain the confidentiality of such
source code; and (iii) licensees of such software are required, even
under limited circumstances, to grant licenses to the source code or
derivative works thereof, which licenses include rights under the
licensees intellectual property. Public Source Software includes,
without limitation, software licensed or distributed under any of the
following licenses or distribution models, or licenses or distribution
models similar to any of the following : (i) GNUs General Public
License (GPL) or Lesser/Library GPL (LGPL), (ii) The Artistic License
(e.g. PERL, (iii) the Mozilla Public License, (iv) the Netscape Public
License, (v) the Sun Community Source License (SCSL), (vi) an
Open Source Foundation License (e.g., CDE and Motif UNIX user
interfaces), and (vii) the Apache Server license. The SOFTWARE and
accompanying documentation may not be transmitted or accessed
electronically, including via the Internet or any Device, rented,
loaned, leased, sold, distributed, made available, directly or indirectly,
for use by any other person or entity not covered by this License
Agreement, used to provide commercial hosting or application service
provider services or otherwise transferred, transmitted, or used
without authorization under this License Agreement.
3. LICENSE ADMINISTRATION TECHNOLOGY:
This product may contain license administration technology (QLA).
End Users with multi-user Licenses must install QLA as required by
Quark. QLA is license administration technology which also allows
the End User with multiple licenses the convenience to exceed the
number of licenses which are legally licensed to End User (Purchased
Licenses) by a number which is specified by End User and agreed to
by Quark (Auxiliary Licenses); provided, however, that End User
pays the license fees which correspond to the number of Auxiliary
Licenses which End User utilizes. End User acknowledges that QLA

utilizes a secured communications link between End User and Quark,

via the Internet or technology which may hereinafter become available,
by virtue of which license files are made available to End User and
information concerning End User's usage may be transmitted to Quark.
End User may elect not to use Auxiliary Licenses in which case End
Users rights are limited to Purchased Licenses. Auxiliary Licenses may
not be available to all End Users. Use of Auxiliary Licenses is subject
to Quarks consent and sole discretion.
End User agrees that its use of Auxiliary Licenses shall be subject to
the terms of this License Agreement. Upon the request of End User
and with the consent of Quark, Auxiliary Licenses are made available
to End User on a temporary basis subject to payment of applicable
license fees and the terms of this License Agreement. Once payment
is received, Quark will make available to End User a new license file to
reflect the revised number of Purchased Licenses. End User agrees to
pay Quark for all Auxiliary Licenses which End User utilizes. Failure
to pay or other violations of this Agreement may result in suspension
or revocation, in Quark's sole discretion, with or without further
notice, of End User's ability to utilize current and future Auxiliary
Licenses, in addition to all other rights and remedies available to
Quark in law or equity. Auxiliary Licenses may contain technology
designed to render them inoperable after a certain period of time
without End Users use of a revised license file from Quark. The
inoperability of Auxiliary Licenses or the denial, suspension or
revocation of End Users ability to utilize Auxiliary Licenses does
not in itself affect End Users right to Purchased Licenses. Section 4
(regarding termination of this License Agreement) shall continue to
apply. End User agrees that Purchased Licenses, including Auxiliary
Licenses which become Purchased Licenses after the commencement
of this License Agreement, are subject to the terms of this License
Agreement. Quark assumes no liability arising from End Users use of
or inability to use QLA, Auxiliary Licenses, or license files. The use or
inability to use QLA, Auxiliary Licenses or license files is specifically
made subject to Sections 9 (regarding disclaimer of warranties) and 12
(regarding exclusion of damages/limitation of liability).
4. TERMINATION:
Any failure to comply with the terms and conditions of this License
Agreement shall result in automatic termination of this license. Upon
termination of this License Agreement for any reason, End User must
destroy all copies and cease use of the SOFTWARE and accompanying
documentation.
5. CONSOLIDATION OF LICENSES:
Consolidation of multiple single-user licenses, multiple multi-user
licenses, or a combination of both under one consolidated multi-user
license may be possible under certain circumstances and in Quarks
sole discretion. Consolidated license are subject to the restrictions on
multi-user licenses contained herein. If the serial number of any
single-user or multi-user SOFTWARE is covered by or merged into a
new consolidated license, then the right of End User to use that
single-user or multi-user Software under this License Agreement is
replaced, terminated, and superseded by the right of End User to use
the consolidated Software. End User then no longer has the right to
use any single-user or multi-user SOFTWARE having a serial number
covered by the consolidated license.
6. COMMUNICATION OF LICENSE AGREEMENT:
End User agrees to communicate the terms and restrictions contained
in this License Agreement to all persons under his or her employment,
direction, or control who have access to the software or accompanying
documentation.

Global Software License Agreement (page 3 of 4)

7. UNAUTHORIZED USE AND COMPLIANCE:
End User shall take reasonable efforts to prevent use of the Software
by any person or entity other than End User End User shall use all
reasonable efforts to see that employees, agents, assigns, or other
persons under the direction or control of End User who have access
to the software or accompanying documentation abide by the terms
and conditions of this License Agreement. End User agrees to notify
QUARK immediately in writing of any unauthorized use.
8. LIMITED WARRANTY:
QUARK warrants that the enclosed PRODUCT MEDIA will be free
from defects for 90 days after purchase of the SOFTWARE and that
the DONGLE, if provided, will be free from defects for 1 year after
purchase of the SOFTWARE. The SOFTWARE, any related documentation
and/or any services (if any) are provided AS IS, WITH ALL FAULTS,
and without warranty or condition of any kind. QUARK specifically
does not warrant that the SOFTWARE will run uninterrupted or errorfree. The sole and exclusive remedy for a defect in the PRODUCT
MEDIA or DONGLE is for End User to notify QUARK of the defect in
writing within the respective warranty period, to return the PRODUCT
MEDIA or DONGLE to QUARK, and follow any other reasonable
procedures that QUARK may establish. QUARKs sole obligation shall
be to provide End User with a performing copy of the PRODUCT
MEDIA or DONGLE within a reasonable time after receiving notification
of the defect or to refund the purchase price and terminate this License
Agreement, at QUARKs option. The foregoing warranty does not
apply if End User mishandles, alters, or improperly uses or stores the
PRODUCT MEDIA or DONGLE.
9. DISCLAIMER OF OTHER WARRANTIES:
THE LIMITED WARRANTY SET FORTH IN SECTION 8 IS IN
LIEU OF ANY OTHER WARRANTIES OR CONDITIONS OF ANY
KIND, INCLUDING ANY WARRANTIES OR CONDITIONS
PROVIDED BY DISTRIBUTORS OR RETAILERS OF THE
SOFTWARE. IF AN IMPLIED WARRANTY OR CONDITIONS IS
CREATED BY END USERS STATE/JURISDICTION AND FEDERAL
OR STATE/PROVINCIAL LAW PROHIBITS DISCLAIMER OF IT,
END USER ALSO HAS AN IMPLIED WARRANTY OR CONDITION,
BUT ONLY AS TO DEFECTS DISCOVERED DURING THE
PERIOD OF THE LIMITED WARRANTY (90 DAYS) IN SECTION
8. AS TO DEFECTS DISCOVERED AFTER THE 90 DAY PERIOD,
THERE IS NO WARRANTY OR CONDITION OF ANY KIND.
EXCEPT AS SET FORTH IN SECTION 8,THE SOFTWARE IS
PROVIDED ON AN AS IS BASIS AND WITH ALL FAULTS,
AND ALL OTHER WARRANTIES, CONDITIONS AND/OR DUTIES,
WHETHER EXPRESS, IMPLIED, STATUTORY, OR COLLATERAL,
ARE DISCLAIMED (TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS OF ITS
ESSENTIAL PURPOSE), INCLUDING, WITHOUT LIMITATION,
NON-INFRINGEMENT, COMPATIBILITY, CONDITION OF
TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESIRED DESCRIPTION, THAT THE SOFTWARE IS
ERROR-FREE, OR THAT ERRORS CAN OR WILL BE CORRECTED.
QUARK AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS
FOR A PARTICULAR PURPOSE, OF RELIABILITY, AVAILABILITY
OR, THAT THE SOFTWARE WILL BE UPDATED OR UPGRADED,
OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS
OR WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND
LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE,
AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT
OR OTHER SERVICES (IF ANY), INFORMATION, SOFTWARE
AND RELATED CONTENT THROUGH THE SOFTWARE OR
OTHERWISE ARISING OUT OF THE USE OR INABILITY TO USE
THE SOFTWARE. SOME JURISDICTIONS, STATES, OR PROVINCES
DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO

THE ABOVE LIMITATION MAY NOT APPLY TO PARTICULAR

END USERS. REFERENCES TO QUARK IN THE FOREGOING
SECTION SHALL INCLUDE THE QUARK AFFILIATED COMPANIES.
10. SOFTWARE UPDATES AND UPGRADES:
At QUARKs sole discretion, QUARK may provide End User with
updates to the SOFTWARE. QUARK retains the right to provide the
updates for a fee. End User may refuse to accept the updates. The
terms and conditions of this License Agreement apply to any and all
updates, unless Quark provides other terms along with the update.
Updates to the Software provided to End User after expiration of the
90 day period set forth in Section 8 are not covered by any warranty
or condition, express, implied, statutory, or collateral.
To use a product identified as an upgrade, End User must first be
licensed for the product identified by Quark as eligible for upgrading.
After upgrading, End User may no longer use the product that formed
the basis for End Users upgrade eligibility.
11. END USER RESPONSIBILITY FOR THE SOFTWARE
AND COMPONENTS:
End User is solely responsible for selection of the SOFTWARE and
components to achieve End Users intended results or for particular
applications and systems. QUARK is not responsible for lost or stolen
SOFTWARE and DONGLES.
12. EXCLUSION OF DAMAGES/LIMITATION OF LIABILITY:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF
ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL QUARK OR ITS
LICENSORS BE LIABLE TO END USER FOR ANY SPECIAL,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE
DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOST
PROFITS, LOST TIME, LOST SAVINGS, LOST DATA, LOST
CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS
INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF
PRIVACY, FOR FAILURE TO MEET ANY DUTY, INCLUDING OF
GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE,
LOST FEES, OR EXPENSES OF ANY KIND AND FOR ANY
OTHER PECUNIARY OR OTHER LOSS WHATSOEVER ARISING
OUT OF OR IN ANY WAY RELATED TO THE INSTALLATION,
USE OF OR INABILITY TO USE THE SOFTWARE, THE
ACCOMPANYING DOCUMENTATION, OR THE PROVISION OF
OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES (IF
ANY) IN ANY MANNER, HOWEVER CAUSED AND ON ANY
THEORY OF LIABILITY. IN ANY EVENT, QUARKS LIABILITY
RELATING TO THE SOFTWARE SHALL BE LIMITED TO THE
MONEY PAID FOR THE SOFTWARE, IF ANY. THESE LIMITATIONS
WILL APPLY EVEN IF QUARK OR AN AUTHORIZED DEALER
HAS BEEN ADVISED OF SUCH POSSIBLE DAMAGES. SOME
JURISDICTIONS, STATES, OR PROVINCES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE LIMITATION OR
EXCLUSION INCLUDED IN THIS LICENSE AGREEMENT MAY
NOT APPLY TO PARTICULAR END USERS. REFERENCES TO
QUARK IN THE FOREGOING SECTION SHALL INCLUDE THE
QUARK AFFILIATED COMPANIES.
13. SEVERABILITY:
This License Agreement is intended to be interpreted in such a manner
as to render it enforceable. In the event that any court, arbitration
panel, or other competent authority determines that any provision
of this License Agreement is not enforceable, such provision may be
modified or limited in its effect to the extent necessary to cause it to
be enforceable. If any provision cannot be so modified or limited,
then such provision shall be severed, and the remainder of this License
Agreement shall remain in full force and effect.

Global Software License Agreement (page 4 of 4)

14. GOVERNING LAW AND JURISDICTION:

17. GEOGRAPHIC RESTRICTIONS:

For End Users whose principal place of business or principal residence

is in the United States and/or Canada, this License Agreement shall
be governed in all respects by the laws of the United States of
America and the State of Colorado, U.S.A., without regard to conflict
of law principles. As to such End Users, the District Court for the City
and County of Denver, State of Colorado, and the United States
District Court for the District of Colorado shall have sole and
exclusive jurisdiction and venue over any dispute arising out of or in
connection with this Agreement, and the parties hereby submit
themselves to the jurisdiction of said courts. NOTWITHSTANDING
ANYTHING IN THIS SECTION TO THE CONTRARY, QUARK,
THE QUARK AFFILIATED COMPANIES AND/OR THEIR
LICENSORS SHALL NOT BE PREVENTED FROM ENFORCING
THEIR RESPECTIVE OR COLLECTIVE INTELLECTUAL
PROPERTY RIGHTS IN ANY APPROPRIATE JURISDICTION.

Restrictions on the geographic area where this SOFTWARE may be

used, if any, appear on the packaging and/or product media for the
SOFTWARE. End User agrees to use the SOFTWARE only in this geographic region. Any use of the SOFTWARE outside of this geographic
region is strictly prohibited.

For all other End Users, any dispute, controversy or claim arising
under, out of or relating to this License Agreement, including, without
limitation, its formation, validity, binding effect, interpretation,
performance, breach or termination, as well as non-contractual
claims, shall be referred to and finally determined by arbitration in
accordance with the WIPO (World Intellectual Property Organization)
Expedited Arbitration Rules (hereafter, "the Rules") in force at the
time of the opening of the proceedings by one arbitrator appointed
in accordance with the Rules. The place of the arbitration shall be
Neuchtel in Switzerland. The language to be used in the arbitral
proceedings shall be English. The dispute, controversy or claim shall
be decided in accordance with the law of Switzerland. This arbitration
clause does not limit the right of the parties to request temporary
and/or provisional measures before any court of competent
jurisdiction. If there is any confusion or dispute as to which
governing law and jurisdiction provision applies to End User, this
provision regarding arbitration in Neuchtel, Switzerland under the
WIPO Expedited Arbitration Rules shall apply and bind the parties.

20. COMPLIANCE WITH LICENSES:

The rights and obligations of the parties under this Agreement shall
not be governed by the provisions of the United Nations Convention
on Contracts for the International Sale of Goods ("the Convention").
Rather the rights and obligations of the parties shall be governed as
provided in this Section. End User acknowledges that the Convention
does not apply to this License Agreement or to the resolution of any
disputes arising out of or related to this License Agreement.

22. ENTIRE LICENSE AGREEMENT:

18. TAXES:
End User shall pay any applicable taxes in respect of the licenses
granted and fees paid in connection with this License Agreement.
19. SURVIVAL:
The provisions of Sections 2, 4, 8, 9, 12, 13, 14, 19, 22, 23, 24 and such
other provisions which by their nature continue after termination,
shall survive termination of this License Agreement.

If you are a business or organization, you agree that upon request

from Quark or Quarks authorized representative, you will within
thirty (30) days fully document and certify that use of the SOFTWARE
at the time of the request is in conformity with your valid licenses
from Quark.
21. TRANSFER/ASSIGNMENT:
End User shall not assign or transfer this License Agreement, or
any part thereof, whether directly or indirectly (including, without
limitation, through a transfer of End Users shares or for any other
reason including bankruptcy) without the prior written consent of
an officer of QUARK or a representative of Quark authorized in
writing to exercise such authority on behalf of Quark. End User and
transferee must also comply with such procedures as Quark requires
and the transferee must agree to be bound by the terms of this
License Agreement.

In the event of a dispute related to this Agreement, the prevailing party

shall recover its costs and reasonable attorneys' fees in conjunction
with such proceeding.

This License Agreement constitutes the entire agreement between

parties pertaining to the subject matter hereof and supersedes all
prior representations, warranties, conditions, agreements, and
understandings, whether oral or written, express or implied, relating
to this License Agreement. To the extent the terms of any Quark
policies or programs conflict with the terms of this License Agreement,
the terms of this License Agreement shall control. No supplement,
modification, or waiver of this License Agreement shall be effective
unless it is provided or approved by QUARK in writing.

15. EXPORT RESTRICTIONS:

23. WAIVER:

End User agrees not to export or transmit, directly or indirectly, any

technical data or products received from Quark except in full
compliance with all U.S. Export Administration Regulations and the
import/export rules of any other country. Diversion contrary to U.S.
or other law is expressly prohibited. End User agrees to comply with
all applicable export laws and regulations and the laws, regulations,
and rules of any country or region which apply to End User's use of
the SOFTWARE.

The waiver of, or failure to enforce, any breach or default by either

party hereunder shall not constitute the waiver of any other or
subsequent or continuing breach or default.

16. U.S. GOVERNMENT END USERS:

The SOFTWARE is a commercial item, 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). 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 with
only those rights set forth herein.

115036

24. TRANSLATIONS:
This License Agreement is prepared in the English language. In the
event of a conflict between the English language version and any
translated version, the English language version shall govern the
parties' relationship. Any translation of this License Agreement into
any other languages shall be for convenience of reference only.