KOHLER(r) K-600 DESIGN MANUAL 
CD-ROM LICENSE AGREEMENT

BEFORE USING THIS CD-ROM, READ THIS LICENSE AGREEMENT CAREFULLY--IT CONTAINS THE TERMS AND CONDITIONS OF YOUR USE OF THIS CD AND ITS CONTENTS. IN ORDER TO USE THIS PROGRAM, YOU MUST AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT BY CLICKING THE "ACCEPT" BUTTON. THIS CD-ROM ALSO INCLUDES ADOBE ACROBAT READER SOFTWARE AND MICROSOFT INTERNET EXPLORER SOFTWARE, AND IF YOU NEED TO ACCESS THESE FROM THE CD-ROM, YOU MUST SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF THEIR RESPECTIVE END USER LICENSE AGREEMENTS WHICH WILL ALSO APPEAR ON-SCREEN BY CLICKING THE "ACCEPT" BUTTON.  IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT OR ANY OF THE OTHER ON-SCREEN LICENSE AGREEMENTS, YOU MAY RETURN THIS CD AND ACCOMPANYING DOCUMENTATION TO THE PERSON FROM WHOM YOU PURCHASED IT FOR A FULL REFUND OF YOUR PURCHASE PRICE.

The "K-600 DESIGN MANUAL" CD-ROM (the "Disc") contains: (a) Kohler Co. copyrighted, proprietary photographs, line art, text, and other catalog material (the "Kohler Data"); (b) Adobe Acrobat Reader (4.05) software ("Acrobat Reader"); (c) Microsoft Internet Explorer (4.01) browser software ("Internet Explorer"); and (d) HTML coding. [The Acrobat Reader software, the Internet Explorer software, and the HTML coding are hereinafter collectively referred to as the "Software".]  The Software and the Kohler Data are hereinafter collectively referred to as the "Program". You assume responsibility for the selection of the Program to achieve your intended results, and for the installation and use made of the Program as well as the results obtained from the Program.  The Program is licensed (not given or sold) to you.  You own the CD-ROM on which the Program is recorded, but all ownership and other rights to the Program are reserved to the respective owners of components of the Program, except for the limited rights granted by the following licenses.

LICENSES

(1) Kohler distributors and dealers, and persons engaged in specifying Kohler(r) products.  You may use the Program in accordance with the other terms of this Agreement until its expiration date of October 1, 2000, solely in support of your marketing and sales efforts for Kohler(r) products, as follows: to view the Kohler Data; to save and export the contents of the Project Folder as provided for on the Disc; to copy portions of the Kohler Data for use in printed project proposals, or for use with presentation software to present a visual project proposal, provided that no Kohler Data so copied is changed or modified; to run in a customer kiosk or other public display in close proximity to your displays of Kohler products in your place of business; and, to access the Kohler Co. internet site.  You may, so long as all other terms of this License are observed, install the Program in a single location on a hard disc or other storage device that can be accessed only by your employees at that location.
(2) Other users of the K-600 Design Manual. You may use the Program in accordance with the other terms of this Agreement until its expiration date of October 1, 2000, as follows: to view the Kohler Data; to save and export the contents of the Project Folder as provided for on the Disc; to make a limited number of paper copies of images of Kohler Data as is, without modifications or deletions, in complete screens, for your personal, non-commercial use.

(3) All users must use Acrobat Reader and Internet Explorer in accordance with the terms of their respective on-screen End User License Agreements. 

RESTRICTIONS

Except as elsewhere provided in this License or the on-line Software licenses, you may not: (a) copy, modify, reproduce, rent, lease, sublicense, sell, loan, assign, or distribute the Program or any portion thereof, (b) make the Program, or any portion thereof, available to third parties by "bulletin boards", on-line services, remote dial-in, or network or telecommunications links of any kind, or by posting to the internet; (c), prepare derivative works based upon the Program, or any portion thereof, (d) transfer the Program and/or any accompanying written materials without the prior written consent of Kohler Co., and then only on a permanent basis provided that you transfer the Disc and all accompanying materials, and retain no copies of the Program or any accompanying materials, and the recipient agrees to the terms of this Agreement (including the terms of the Adobe Systems Inc Electronic End User License Agreement and the Microsoft Internet Explorer End User License Agreement; (e) reverse engineer, decompile, or disassemble, or otherwise reduce the Software to a human perceivable form; (f) adapt, modify, or merge the Kohler Data; or, (g) use any Kohler Data in any print, or video advertising medium other than those specifically allowed herein.

COPYRIGHT

The Program and related documentation are protected by copyright with all rights reserved by their respective owners. You may not copy these except as provided in their respective Licenses. 

LIMITED WARRANTY & EXCLUSIVE REMEDY

The Program is licensed AS IS. Kohler Co. does not warrant that the Program will meet your requirements or that the operation of the Program will be uninterrupted or error free. Kohler Co. does warrant to the original licensed end-user that the media on which this Program is recorded will be free, under normal use, from defects in material and workmanship appearing and reported to it within thirty (30) days from the date of delivery to the original licensed end-user.  Kohler Co.'s sole obligation, and your EXCLUSIVE REMEDY, shall be to replace without charge any Disc not meeting this warranty. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING AN IMPLIED WARRANTY OF MERCHANTABILITY, OR OF FITNESS FOR A PARTICULAR PURPOSE. No supplier of this Disc is authorized to modify or expand this warranty. The above warranties give you specific legal rights, and you may have other rights which vary from state to state.

LIMITATION OF LIABILITY

IN NO EVENT WILL KOHLER CO. BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR EXEMPLARY DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE PROGRAM, EVEN IF KOHLER CO. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.  THE ABOVE WARRANTIES GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. IN NO EVENT WILL KOHLER CO.'S LIABILITY FOR ANY DAMAGES OR OTHER CLAIMS EXCEED THE REPLACEMENT PRICE OF THIS DISC

MISCELLANEOUS

This Agreement will be governed by the laws of the State of Wisconsin, excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on contracts for the International Sale of Goods. If any part of this Agreement is found void and/or unenforceable, it will not affect the validity of the remainder of the Agreement, which shall remain valid and enforceable according to its terms. You agree that this CD-ROM and the information and materials contained thereon will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. You may terminate this Agreement by destroying the Disc and related documentation, and by deleting or otherwise destroying all copies of the Program on any hard disc or other storage device on which it was installed.  This Agreement shall terminate automatically upon your failure to comply with any of its terms. This Agreement can be amended only in writing signed by an authorized officer of Kohler Co.

3/13/99