WINPROXY LICENSE AGREEMENT 1. NOTICE. READ THIS AGREEMENT CAREFULLY. OSITIS SOFTWARE IS WILLING TO LICENSE THE SOFTWARE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS END-USER LICENSE AGREEMENT. YOU ACCEPT AND AGREE TO BE BOUND BY THIS LICENSE AGREEMENT BY CLICKING THE ICON LABELED “I ACCEPT” THAT IS DISPLAYED BELOW. IF YOU DO NOT AGREE TO THIS LICENSE, CLICK THE ICON LABELED “CANCEL,” IN WHICH CASE THE INSTALLATION WILL BE CANCELED. PROMPTLY RETURN THE UNUSED SOFTWARE AND ALL ACCOMPANYING MATERIALS, ALONG WITH PROOF OF PAYMENT, TO THE AUTHORIZED DEALER FROM WHOM YOU OBTAINED IT FOR A FULL REFUND OF THE PRICE YOU PAID. 2. Ownership and License. This is a license agreement and NOT an agreement for sale, concerning the use of WinProxy. Ositis Software continues to own the copy of the computer programs, documentation, data, and other content provided to you, and all other copies that you are authorized by this Agreement to make (the “Software”). Your rights to use the Software are specified in this Agreement, and Ositis Software retains all rights not expressly granted to you in this Agreement. Nothing in this Agreement constitutes a waiver of Ositis Software’s rights under U.S. or international copyright law or any other federal or state law. All content accessed through the Software is the property of the applicable content owner and may be protected by applicable copyright law. This license gives you no rights to such content. 3. Permitted Uses. You are granted the following rights to the Software: (a) Right to Install and Use. You may install the Software on one computer connected to one local area network. The Software is “installed” on a computer when it is placed on a computer’s hard disk or other secondary storage device. The Software is “in use” on a computer when it is executed or loaded into the computer’s RAM or other primary memory. If you install the Software on additional computers, or on more than one local area network, you must acquire additional licenses. (b) Right to Copy. You may copy the Software for back-up and archival purposes only, provided that the original is kept in your possession and that your installation and use of the Software does not exceed that allowed in the “Right to Install and Use” section above. 4. Prohibited Uses. You may not, without written permission from Ositis Software: (a) Use, copy, modify, merge, or transfer copies of the Software except as expressly authorized in this Agreement; (b) Use any back-up or archival copies of the Software (or allow someone else to use such copies) for any purpose other than to replace an original copy if it is destroyed or becomes defective; (c) Disassemble, decompile or “unlock,” reverse translate, or in any manner decode the Software for any reason; (d) Place the Software onto a server so that it is accessible via a public network such as the Internet; or (e) Sublicense, lease, or rent the Software. 5. LIMITED WARRANTY (a) Limited Warranty. Ositis Software warrants that, for thirty (30) days from the date you acquired it from us or our authorized dealers (1) the Software will perform substantially in accordance with the user documentation accompanying the Software, and (2) the media on which the Software is provided to you will be free from defects in materials and workmanship under normal use and service. (b) Exclusive Remedies. Ositis Software’s entire liability and your sole and exclusive remedy for breach of the foregoing warranty shall be, at our option, to either (1) return the price you paid for the software, or (2) repair or replace the Software or media that does not meet the foregoing limited warranty if it is returned to us with a copy of your receipt. This limited warranty is void if failure of the Software is caused by accident, abuse, or violation of this license agreement. Any replacement Software will be warranted as above for the remainder of the original warranty period, or thirty (30) days from the date we ship it to you, whichever is longer. (c) WARRANTY DISCLAIMER. OSITIS SOFTWARE DOES NOT WARRANT THAT THIS SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE EXTENT ALLOWED BY LAW, WE EXPRESSLY DISCLAIM ALL EXPRESS WARRANTIES NOT STATED HERE AND ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED, MANUFACTURERED OR INTENDED FOR USE OR RESALE AS ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE (“HIGH RISK ACTIVITIES”) OSITIS SOFTWARE SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. IF THIS SOFTWARE QUALIFIES AS A “CONSUMER PRODUCT” UNDER THE MAGNUSON-MOSS WARRANTY ACT, ANY IMPLIED WARRANTIES ARE LIMITED TO THIRTY (30) DAYS FROM THE DATE YOU ACQUIRED THE SOFTWARE FROM OSITIS SOFTWARE OR FROM OUR AUTHORIZED DEALER, AND THEREAFTER ANY IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. This limited warranty gives you specific legal rights, and you may also have other legal rights which vary from State to State. 6. LIMITATION OF LIABILITY. OSITIS SOFTWARE’S LIABILITY TO YOU FOR ANY LOSSES SHALL BE LIMITED TO DIRECT DAMAGES AND SHALL NOT EXCEED THE AMOUNT YOU ORIGINALLY PAID FOR THE SOFTWARE. IN NO EVENT WILL OSITIS SOFTWARE BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 7. United States Government Restricted Rights. This section applies to all acquisitions of the Software by or for the federal government. By accepting delivery of the Software, the government hereby agrees that the Software qualifies as “commercial” computer software as that term is used in the acquisition regulations applicable to this procurement and that the government’s use and disclosure of the Software is controlled by the terms and conditions of this Agreement to the maximum extent possible. This Agreement supersedes any contrary terms or conditions in any statement of work, contract, or other document that are not required by statute or regulation. If any provision of this Agreement is unacceptable to the government, Vendor may be contacted at Ositis Software, 6150 Stoneridge Mall Drive, Suite 180, Pleasanton, CA 94588, (510) 734-1900. If any provision of this Agreement violates applicable federal law or does not meet the government’s actual, minimum needs, the government agrees to return the unused Software for a full refund. The following statement applies only to procurements governed by DFARS Part 227.4 (OCT 1988): The enclosed Software is provided with Restricted Rights -- Use, duplication, or disclosure by the U.S. Government or any of its agencies or instrumentalities is subject to restrictions as set forth in subparagraph (c)(1)(ii) [or (i)] of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 (OCT 1988). Contractor Manufacturer is Ositis Software, 6150 Stoneridge Mall Drive, Suite 180, Pleasanton, CA 94588. 8. Export Controls. You acknowledge that the Software is subject to the export control laws and regulations of the United States and any amendments thereof. You agree that you will not directly or indirectly transfer the Software except in compliance with all applicable U.S. export laws and regulations. 9. Termination. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of the Software in your possession or by returning all such copies to Ositis Software. This Agreement and your right to use this Software automatically terminate if you fail to comply with any material provision of this Agreement. Your license to use this Software also terminates if you assign this Agreement to someone else. Upon termination, you must stop all use of the Software and must destroy any copies that remain in your possession. Otherwise, the restrictions on your rights to use the Software will end upon expiration of the copyright to the Software. 10. Miscellaneous Provisions. This Agreement will be governed by and construed according to the substantive laws of California [and not by the 1980 United Nations Convention on Contracts for the International Sale of Goods, as amended]. This is the entire agreement between us relating to the Software and supersedes any prior purchase order, communication, advertising, or representation concerning the Software. No change or modification of this Agreement will be valid unless it is in writing and is signed by Ositis Software. Canadian Transactions: If you acquired this Software in Canada, you agree to the following: The parties hereto have expressly required that the present Agreement and its Exhibits be drawn up in the English language./ Les parties aux presentes ont expressement exige que la presente convention et ses Annexes soient redigees en langue anglaise. If you have any questions about this Agreement, write to us at Ositis Software, 6150 Stoneridge Mall Drive, Suite 180, Pleasanton, CA 94588 or call us at (510) 734-1900.