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MACMILLAN COMPUTER PUBLISHING SUBLICENSING AGREEMENT This sublicense Agreement (AGREEMENT) is made this Date, March 13, 1996 between Macmillan Computer Publishing, having a place of business at 201 W. 103rd Street, Indianapolis, IN 46290, hereinafter referred to as MCP and, ALESSANDRO ALDO GARBAGNATI, SIMURG Srl, Via Tortona, 2 MILANO (MI) I-20144 ITALY hereinafter referred to as CONTRIBUTOR. 1. GRANT OF RIGHTS a. The CONTRIBUTORS grant to MCP a non-exclusive, world-wide sublicense, without right to sublicense, to distribute with any book published for the commercial market and according to the terms set out in this AGREEMENT the software package known as KzmFortune along with an explanation of the package, portions of which may be extracted from and based on the CONTRIBUTORS own documentation including on-line help material, herein collectively referred to as SOFTWARE. This sublicense includes the rights to reproduce, publish, and in any manner distribute the SOFTWARE at MCPs discretion but only in conjunction with books published for the commercial market as set forth in this AGREEMENT. MCP will have the right to retain at MCPs sole expense a disk duplication firm to produce the disk media or disk. This Agreement shall be in effect during the full term that MCP determines to sell the book(s) including the SOFTWARE, including any revised editions of the book(s). b. 2. COMPENSATION MCP will provide valuable and substantial marketing for the SOFTWARE including, but not limited to, the following method: the book(s) will include text explaining and promoting the use of SOFTWARE. The book(s) will include text describing Contributor's product. MCP shall comply with all reasonable requests of CONTRIBUTORS relating to the inclusion and display of notices, warranty or liability disclaimers, or other matters relating to the SOFTWARE that CONTRIBUTORS reasonably deem necessary or appropriate. MCP shall use its best efforts to ensure that each copy of the software distributed by MCP will be accompanied by a copy of CONTRIBUTORS standard software license agreement. 3. WARRANTY AND INDEMNITY The CONTRIBUTORS represent and warrant that they have, or have licensed, sufficient right and title in the SOFTWARE and associated trademarks to grant the sublicenses to MCP set forth in this AGREEMENT, and that the CONTRIBUTORS have the right and authority to grant the sublicense to MCP under this AGREEMENT, and that the people whose signatures appear below are duly authorized to enter into this AGREEMENT on behalf of CONTRIBUTORS. MCP represents and warrants that it has full corporate power and corporate authority to execute and deliver this AGREEMENT and to perform its obligations hereunder, and that the person whose signature appears below is duly authorized to enter into this AGREEMENT on behalf of MCP. 4. NEW SOFTWARE VERSIONS The CONTRIBUTORS have the right to prohibit distribution by MCP of future versions of the SOFTWARE by notifying MCP in writing. MCP retains the right to distribute previous versions of the software. Such notice should be sent to the Publisher of Ziff-Davis Press at 5903 Christie Ave, Emeryville, CA 94608. 5. CHANGES This agreement and endorsements hereto shall not be subject to change, modification or discharge in whole or in part except by written instrument signed by the CONTRIBUTORS and MCP. 6. RIDERS AND ENDORSEMENTS Any and all riders or endorsements attached to this agreement and signed or initialed by the parties hereto shall have the same force and effects as if incorporated into the numbered terms and provisions of this agreement. 7. WAIVER No waiver of any terms of this agreement will be effective unless in writing signed by the party making such waiver, and no waiver of any breach hereunder shall be deemed a waiver of any subsequent breach. 8. CONSTRUCTION This agreement shall be deemed to have been entered into in the State of New York and shall be interpreted and construed in accordance with the laws of the State of New York applicable to agreements executed and to be fully performed therein. Each party hereby agrees to submit to the exclusive in personam jurisdiction of the courts of the State of New York, New York County, for the resolution of all disputes between them, or, if jurisdictional prerequisites exist at the time, to the sole and exclusive in personam jurisdiction of the Federal Courts of New York with venue to be in the Southern District of New York. IN WITNESS WHEREOF, the parties hereto have executed this Sublicense AGREEMENT as of the dates signed below. Signed: ALESSANDRO A. GARBAGNATI, Simurg S.r.l. Date March 13, 1996 Signed: ________________________________________ ______________ Cheryl Applewood, Ziff-Davis Press Date an imprint of Que New Technologies Group