END-USER SOFTWARE LICENSE AGREEMENT WITH SENSE8
CORPORATION AND MITSUBISHI ELECTRONICS AMERICA, INC. FOR 
USE OF INDY3D VERSION 3.0

___________________________________________________________


IMPORTANT NOTICE TO USER: PLEASE READ CAREFULLY.

WHETHER YOU ACQUIRED INDY3D VERSION 3.0 THROUGH A CDROM,
IT WAS PRELOADED ON YOUR COMPUTER, IT WAS DOWNLOADED FROM 
THE INTERNET OR BY ANY OTHER MANNER, YOU SHOULD NOTE THAT 
INDY3D VERSION 3.0 CONTAINS CERTAIN SOFTWARE PROGRAMS AND 
OTHER PROPRIETARY MATERIAL (THE "SOFTWARE PRODUCT") WHICH 
ARE SUBJECT TO THE TERMS OF THIS LICENSE AGREEMENT (THE 
"AGREEMENT"). THE "SOFTWARE PRODUCT" INCLUDES THE SENSE8 
INDY3D GRAPHICS EVALUATION TOOL SOFTWARE IN OBJECT CODE 
FORMAT AND ANY UPGRADES, UPDATES, MODIFICATIONS OR NEW 
RELEASES, ANY PRINTED MATERIALS AND ANY "ON LINE" OR 
ELECTRONIC DOCUMENTATION RELATING THE SOFTWARE PRODUCT AS 
PROVIDED TO YOU FROM TIME TO TIME BY SENSE8 CORPORATION 
("SENSE8") AND MITSUBISHI ELECTRONICS AMERICA, INC. 
("MELA") (COLLECTIVELY REFERRED TO AS THE "COMPANIES"). 
IF YOU DO NOT AGREE WITH ALL THE TERMS OF THIS AGREEMENT, 
YOU MUST CEASE ALL EFFORTS TO INSTALL/DOWNLOAD THE SOFTWARE 
PRODUCT AND RETURN OR DESTROY ALL ORIGINALS AND COPIES OF 
THE SOFTWARE PRODUCT, INCLUDING ANY PRINTED MATERIALS OR 
ELECTRONIC DOCUMENTATION, IN YOUR POSSESSION, CUSTODY OR 
CONTROL. 

EXPORT DESIGNATION STATEMENT: If the SOFTWARE PRODUCT is 
being acquired for or at a location outside of the United 
States, YOU should be aware that the SOFTWARE PRODUCT is 
exported from the United States of America in accordance 
with the Export Administration Regulations. Diversion 
contrary to U.S. Law prohibited.

NOTE: If YOU have any questions about any part of this 
AGREEMENT, YOU may either: (i) send an e-mail to the address 
given below and a representative of the COMPANIES will be 
glad to respond to YOU; or (ii) YOU may print a copy of this 
AGREEMENT for the purposes of either obtaining legal advice 
from your legal counsel or reviewing this AGREEMENT prior 
to agreeing to the terms of this AGREEMENT and prior to using 
the SOFTWARE PRODUCT. 


TERMS AND CONDITIONS
YOU (either an individual or business entity) (referred to
 herein as "YOU") agrees to license the SOFTWARE PRODUCT 
from the COMPANIES in accordance with the following terms: 

1. Grant Of License. The COMPANIES hereby grant to YOU a
nontransferable, nonexclusive, non-assignable, non-commercial,
non-sublicenseable, royalty-free license to use the SOFTWARE 
PRODUCT in order to obtain data and other information regarding 
the performance of 3D OpenGL graphics hardware. Except as 
specifically provided in this AGREEMENT, no other right of 
any kind or license is to be implied by or inferred from any 
of the provisions of this AGREEMENT or by the conduct of YOU 
or the COMPANIES.

2. Rights To Publish Results Obtained Through The Use Of The
SOFTWARE PRODUCT. The COMPANIES also grant to YOU the right 
to publish measurement results obtained from your use of the 
SOFTWARE PRODUCT, provided that YOU comply with the following 
restrictions: 

a. Identify the COMPANIES, the name and version number of 
the benchmark SOFTWARE PRODUCT used (e.g., Indy3D ver. 3.0 
developed by Sense8 Corporation and Mitsubishi Electronic 
America, Inc.);

b. Follow proper trademark usage and acknowledge the 
trademark rights of Sense8 and MELA;

c. Identify the specific Indy3D score(s) being referenced 
(e.g. MCAD, Animation or Simulation);

d. YOU may use the Indy3D logo only if the measurements YOU 
report are from the Sense8 Official Results home page 
http://www.sense8.com/indy3d/) and have been verified by 
Sense8;

e. If the hardware YOU are testing is unable to render 
specific, defined settings of the SOFTWARE PRODUCT for the 
particular user test (MCAD, Animation or Simulation) as 
defined in the table below, YOU must identify that the 
specific measurement does not conform to the official Indy3D 
test results (e.g. "measured results do not conform to 
official Indy3D settings and may not be comparable"). The 
official defined settings of the SOFTWARE PRODUCT are as 
follows:

Settings		MCAD150   MCAD40    Animation      Simulation
 Resolution of 
 rendered window	1024x768  1024x768  1024x768       1024x768
 Color depth (bits)	24        24        24             24
 Z-buffer depth		24        24        24             24
 Texture	        off       off       on, bilinear   on, trilinear
 Fog			off       off       on             on
 Translucency		off       off       off            on
 Lights			amb.+1dir amb.+1dir amb.+1dir      amb.+1directed
 Shading		smooth    smooth    smooth         smooth
    
    
f. Identify the operating system version, if any (e.g.,
Microsoft Windows 95 or Windows NT 4);

g. State that the products used in the test were either 
available to the public or within 60 days of being available 
to the public; and

h. If YOU perform your own measurements, and Sense8 is unable 
to verify them, or use a reference platform other than the one 
defined by Sense8, the following conditions apply in addition 
to the previous conditions: (i) YOU may not use the Indy3D
 logo in the publication of results; (ii) YOU must identify 
the exact name, processor speed and type, number of processors, 
amount ofRAM, amount of cache, if any, of the PC used for the 
test; (iii) if YOU do not use the official "Indy3D Settings" 
from the table defined in Section 2 e., when gathering your 
measurements, YOU must clearly state the software settings in 
effect when the measurements were made; and (iv) state that 
the test was performed without independent verification by 
Sense8 and that Sense8 makes no representations or warranties 
as to the result of the test.

3. Termination. The COMPANIES may terminate this AGREEMENT 
at any time by notifying YOU. YOU may terminate this AGREEMENT 
at any time by returning, destroying or erasing all forms and 
copies of the SOFTWARE PRODUCT. This AGREEMENT will terminate 
automatically if YOU fail to comply with any of the terms and 
conditions of this AGREEMENT. Upon termination of this 
AGREEMENT, YOU agree to cease all use of the SOFTWARE PRODUCT, 
including the publication of benchmark test results obtained by 
YOU from use of the SOFTWARE PRODUCT. YOU further agree to 
immediately return, destroy, delete or erase the SOFTWARE PRODUCT, 
including all tangible copies of the SOFTWARE PRODUCT and other 
materials related to the SOFTWARE PRODUCT in your possession 
or under your control. In the event of termination, the 
Sections 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 shall 
survive. 

4. Ownership Of Software. This AGREEMENT does not constitute a
sale of the SOFTWARE PRODUCT but a license to use the SOFTWARE 
PRODUCT in accordance with the terms of this Agreement. YOU 
acknowledge that title, ownership and all intellectual property 
rights in and to the SOFTWARE PRODUCT and any copies of the 
SOFTWARE PRODUCT are owned by and remain with the COMPANIES. 

5. Restrictions. Except for making one copy solely for back-up 
purposes, copying of the SOFTWARE PRODUCT or any portion thereof, 
including any of the printed materials or electronic materials, 
is expressly forbidden. YOU agree not to modify the SOFTWARE 
PRODUCT or to attempt to reverse engineer, decompile, disassemble 
or otherwise attempt to discover the source code of the SOFTWARE 
PRODUCT. THE SOFTWARE PRODUCT is not designed or intended for use 
in online control of aircraft, air traffic, aircraft navigation 
or aircraft communications, or in the design, construction, 
operation or maintenance of any nuclear facility. YOU warrant 
that YOU will not use the SOFTWARE PRODUCT for such purposes. 

6. COPYRIGHT AND TRADEMARK RIGHTS. The SOFTWARE PRODUCT is 
protected by United States Copyright and Trademark law and 
international treaties. YOU agree that any copy or version of the 
SOFTWARE PRODUCT shall contain all of the COMPANIES copyright 
and trademark notices and other notices of the COMPANIES 
proprietary rights as may be contained in the SOFTWARE PRODUCT 
as originally rovided to YOU. Such use of any copyright, 
trademark or other proprietary rights of the COMPANIES by YOU does 
not give YOU any rights of ownership in the copyright, trademark 
or proprietary right. 

7. Maintenance and Support. The COMPANIES have no obligation to 
provide support, maintenance, updates, modifications or new 
releases of the SOFTWARE PRODUCT to YOU under this AGREEMENT.

8. No Warranty. THE COMPANIES DO NOT AND CANNOT WARRANT THE 
PERFORMANCE, SUITABILITY OR RESULTS THAT YOU MAY OBTAIN BY USING 
THE SOFTWARE PRODUCT FOR ANY PURPOSE WHATSOEVER. THE SOFTWARE 
PRODUCT IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED 
WARRANTY. THE COMPANIES DISCLAIM ALL WARRANTIES WITH REGARD TO 
THE SOFTWARE PRODUCT, INCLUDING THE IMPLIED WARRANTIES OF 
MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. THE 
COMPANIES FURTHER EXPRESSLY DISCLAIM ANY WARRANTY THAT THE 
SOFTWARE PRODUCT DOES NOT INFRINGE UPON ANY THIRD PARTY'S 
INTELLECTUAL PROPERTY RIGHTS. Some states or jurisdictions do 
not allow the exclusion or limitation of implied warranties, 
so the above limitations may not apply.

9. Limitation Of Liability. IN NO EVENT SHALL THE COMPANIES BE
LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR 
FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR 
CONSEQUENTIAL DAMAGES, INCLUDING ANY DAMAGES WHATSOEVER 
RESULTING FROM LOSS OF USE, LOSS OR INACCURACY OF DATA, LOSS 
OF PROFITS, LOSS OF SAVINGS, THE COST OF PROCUREMENT OF 
SUBSTITUTED GOODS, ERVICES OR TECHNOLOGIES, OR FOR ANY MATTER 
BEYOND ITS REASONABLE CONTROL, WHETHER IN AN ACTION FOR BREACH 
OF CONTRACT, NEGLIGENCE OR OTHER ACTION IN TORT, ARISING OUT 
OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE 
PRODUCT, EVEN IF ONE OF THE COMPANIES REPRESENTATIVES WAS 
ADVISED OF A POSSIBLE THIRD PARTY DAMAGES' CLAIM OR ANY OTHER 
CLAIM AGAINST YOU. Some states or jurisdictions do not allow the 
exclusion or limitation of direct, incidental, consequential or 
special damages, so the above limitations may not apply. 

10. No Assignment. This AGREEMENT is not assignable or
transferable by YOU without the prior written consent of the 
COMPANIES and any attempt to do so shall be void. 

11. No Waiver Or Modification. No failure to exercise, and no 
delay in exercising any privilege, any power or any rights 
hereunder will operate as a waiver thereof, nor will any single 
or partial exercise of any right or power hereunder preclude 
further exercise of any other right hereunder. Any waivers or 
amendments shall be effective only if made in writing and signed 
by an authorized representative of the COMPANIES.

12. Severability. If any provision or portion of a provision of 
this AGREEMENT is held to be invalid or unenforceable for any 
reason, such invalidity shall not affect the validity of the 
balance of this AGREEMENT, which shall remain valid and enforceable. 

13. Venue And Jurisdiction. This AGREEMENT shall be governed by
and construed in accordance with the laws of the State of 
California of the United States of America and, as to matters 
affecting copyright, trademark and patents, by United States 
federal law. This AGREEMENT will not be governed by the United 
Nations Convention on Contracts for the International Sale of 
Goods, the application of which is expressly excluded. In addition, 
YOU agree that if any legal action is filed by either one of the 
COMPANIES or YOU to enforce the terms of this AGREEMENT, then such 
action shall be filed in a California state court in Santa 
Clara County, California or a United States District Court for the 
Northern District of California. YOU irrevocably consent to the 
jurisdiction of these courts for purposes of resolving any dispute 
arising from your use of the SOFTWARE PRODUCT.

14. Injunction. YOU agree that if YOU commit a material breach
of this AGREEMENT which adversely affects the COMPANIES 
intellectual property or proprietary rights in the SOFTWARE 
PRODUCT, such a breach will cause irreparable injury to the 
COMPANIES for which monetary damages would not be an adequate 
remedy. In the event of such a breach, the COMPANIES shall be 
entitled to equitable relief in addition to seeking any other 
available legal or equitable remedy.

15. Government Restricted Rights. The SOFTWARE PRODUCT and 
documentation are provided with RESTRICTED RIGHTS. Use, 
duplication, or disclosure by the Government is subject to 
restrictions as set forth in subparagraph (c)(1)(ii) of the 
Rights in Technical Data and Computer Software clause at DFARS 
252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial 
Computer Software -- Restricted Rights at 48 CFR 52.227-19, as 
applicable.

16. Export Regulations. The SOFTWARE PRODUCT is subject to 
export or import regulations of the United States and other 
countries, including the United States Export Administration 
Act and its associated regulations. YOU agree to comply 
strictly with all such laws and regulations and not to 
download, ship, transfer, export or re-export the SOFTWARE 
PRODUCT into any ountry or use the SOFTWARE PRODUCT in any 
manner prohibited by such laws and regulations. The SOFTWARE 
PRODUCT may not be downloaded, or otherwise exported or 
re-exported: 

(i) into, or to a national or resident of, Cuba, Iraq, Iran, 
North Korea, Libya, Sudan, Syria or any country to which the 
United States has embargoed goods; or 

(ii) to anyone identified on the United States Department of 
Treasurys list of Specially Designated Foreign Nations or 
the United States Department of Commerces Denied Persons List.

17. Complete Understanding. This AGREEMENT constitutes the 
entire agreement between YOU and the COMPANIES and supercedes 
all previous representations or agreements, whether oral or 
written. If YOU are acquiring the SOFTWARE PRODUCT through a 
download from the Internet, and if any term of the Legal 
Notice page from that Website conflicts with a term or terms 
of this AGREEMENT, the terms of this AGREEMENT will govern. 

If YOU agree to the terms of this AGREEMENT, please indicate
 your agreement by clicking the term "agree" below. If not, 
please click the term "Disagree," cease any further attempt 
to install/download the SOFTWARE PRODUCT and return or destroy 
all originals and copies of the SOFTWARE PRODUCT, including 
any printed materials or electronic documentation in your 
possession, custody or control.

INQUIRIES: If YOU have any comments, problems, questions or 
suggestions about the SOFTWARE PRODUCT or the terms of this 
AGREEMENT stated above, please send an e-mail to 
info@indy3d.com. Please include as much detail as possible in 
your email.

Thank you for your cooperation. We look forward to your comments 
about this technology.

Sense8 Corporation and Mitsubishi Electronics America, Inc.

Copyright (C) 1998 Sense8 Corporation and Mitsubishi 
Electronics America, Inc. All rights reserved. Mitsubishi 
Electronics America, Inc., 1050 East Arques Avenue, Sunnyvale, 
CA 94086, USA. Sense8 Corporation, 100 Shoreline Hwy., Mill 
Valley, CA 94941.
