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SOFTWARE LICENSE AGREEMENT

READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE CLICKING ON THE "I AGREE" BOX OR OPENING THE PACKAGE. YOU WILL BE BOUND BY ITS TERMS IF YOU BREAK THE SEALED PACKAGE.

IMPORTANT! The enclosed software is licensed and may be used only on the condition that you as an individual end user and licensee (hereinafter referred to as "YOU") agree with bootix Technology GMBH (hereinafter referred to as "Bootix") to the terms and conditions set forth in the following Software License Agreement (hereinafter referred to as "AGREEMENT"). If you do not agree to the terms contained in this AGREEMENT, YOU must return this package UNOPENED to bootix, or YOUR dealer within one week after you receive it, and YOUR license fee, if any, will be refunded.

bootix will grant YOU a non-transferable, non-exclusive license to use the enclosed software (the "Licensed Software") and the accompanying documentation (the Licensed Software, the media embodying the Licensed Software, and the documentation are referred to in this Agreement as the "LICENSED MATERIALS"), if any, on one single computer if YOU agree to the following terms and conditions:

1. TERM
This Agreement is effective from the date on which YOU click the "I agree" box or open the package containing the LICENSED MATERIALS. You may terminate the Agreement at any time by destroying the LICENSED MATERIALS. The AGREEMENT and YOUR license to use the LICENSED MATERIALS will also terminate if YOU fail to comply with any term or condition herein.

2. LICENSE
The license granted to YOU by bootix authorizes YOU to use the Licensed Software on any one, single computer only. A separate license, is required for any other computer on which YOU intend to use the Licensed Software. YOU MAY NOT USE, COPY, OR MODIFY THE LICENSED MATERIALS, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT.

3. OWNERSHIP
The LICENSED MATERIALS are the sole and exclusive property of bootix and any company or a division thereof which bootix controls or is controlled by, or which may result from the merger or consolidation with Bootix (hereinafter its "Affiliates") and/or its/their software suppliers. By paying the fee required for this license, YOU do not become the owner of the LICENSED MATERIALS, but are entitled to use them according to the terms of this Agreement.

4. RESTRICTION AGAINST TRANSFER
YOU may not sublicense, assign, share, sell, rent, lease, or otherwise transfer YOUr individual right to use the LICENSED MATERIALS.

5. RESTRICTION AGAINST COPYING OR MODIFYING LICENSED MATERIALS
The LICENSED MATERIALS are proprietary to and copyrighted by Bootix and its Affiliates and/or its/their software suppliers. Except as expressly permitted in this AGREEMENT, YOU may not copy or otherwise reproduce the LICENSED MATERIALS. In no event does the limited copying or reproduction permitted under this AGREEMENT include the right to decompile, disassemble, electronically transfer, or reverse engineer the licensed Software, or to translate the Licensed Software into another computer language.

6. PROTECTION AND SECURITY
YOU agree to use YOUr best efforts and take all reasonable steps to safeguard the LICENSED MATERIALS to ensure that no unauthorized personnel shall have access thereto and that no unauthorized copy, publication, disclosure, or distribution, in whole or in part, in any form shall be made, and YOU agree to notify Bootix of any unauthorized use thereof. You acknowledge that the LICENSED MATERIALS contain valuable confidential information and trade secrets, and that unauthorized use, copying and/or disclosure thereof are harmful to Bootix or its Affiliates and/or its/their software suppliers. YOU agree that in the event of a breach of this Agreement, Bootix shall be entitled in monetary damages and its reasonable attorneys' fees and costs in enforcing this Agreement, and injunctive relief to restrain such breach.

7. ESPECIALLY FOR THE UNITED STATES OF AMERICA GOVERNMENT RESTRICTED RIGHTS
The enclosed Product (a) was developed solely at private expense; (b) contains "restricted computer software" submitted with restricted rights in accordance with section 52.227-19 (a) through (d) of the commercial Computer Software-Restricted Rights Clause and its successors, and (e) in all respects is proprietary data belonging to bootix and/or its suppliers. For Department of Defense units, the Product is licensed with the "Restricted Rights" as defined in the DoD Supplement to the Federal Acquisition Regulations, Section 52.227-7013(e)(1)(b) and its successors, and 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 252.227-7013, bootix Technology GmbH, Geranienstr. 19, 41466 NEUSS Germany.

8. LIMITED WARRANTY AND LIMITATION OF LIABILITY
The only warranty Bootix makes to YOU in connection with this license of the LICENSED MATERIALS is that the media, in any, on which the Licensed Software is recorded will be replaced without charge, if in good faith determines that the media and proof of payment of the license fee are returned to Bootix or the dealer from whom it was obtained within ninety (90) days of the date of payment of the license fee.

NEITHER BOOTIX NOR ITS AFFILIATES MAKES ANY OTHER WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, WITH RESPECT TO THE LICENSED SOFTWARE, AND IT IS LICENSED "AS IS". THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WHICH ARE EXPRESSLY DISCLAIMED, AND STATEMENTS OR REPRESENTATIONS MADE BY ANY OTHER PERSON OR FORM ARE VOID. ONLY TO THE EXTENT SUCH EXCLUSION OF IMPLIED WARRANTY(IES) IS NOT PERMITTED BY LAW, THE DURATION OF ANY IMPLIED WARRANTY(IES) IS LIMITED TO THE DURATION OF THE WARRANTY SET FORTH ABOVE. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, AND PERFORMANCE OF THE LICENSED MATERIALS. IN NO EVENT WILL BOOTIX OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE LICENSED MATERIALS BE LIABLE FOR SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF DATA OR PROFITS OR FOR INABILITY TO USE THE LICENSED MATERIALS, TO ANY PARTY EVEN IF BOOTIX OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BOOTIX OR SUCH OTHER PARTY'S LIABILITY FOR ANY DAMAGES OR LOSS TO YOU OR ANY OTHER PARTY EXCEED THE LICENSE FEE YOU PAID FOR THE LICENSED MATERIALS.
YOU agree that this Agreement shall not be subject to the United Nations Convention on the International Sale of Goods (UNCISG).

9. VIRUS CHECKING
Bootix has tested its software with current virus checking technologies. However, because no anti-virus system is 100% reliable, we strongly caution YOU to write protect and then verify that the Software, prior to installation, is virus-free with an anti-virus system in which YOU have confidence.

10. GENERAL
If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, it shall be deemed omitted and the remaining provision shall continue in full force and effect. Bootix waiver of any right shall not constitute waiver of that right in the future. This Agreement is to be governed by and constructed in accordance with German laws, court shall be the one where the headquarters of Bootix are located. Any notice to be sent to Bootix must be mailed by certified mail to the following address:

Bootix Technology GmbH, Neutorstrasse 31, D-61250Usingen./Germany - Attn: Manager, Legal Contracts

This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, and all prior written agreements, representations, statements, and undertakings, oral or written, are hereby expressly superseded and canceled.

 


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