END USER LICENSE AGREEMENT

This end-user license agreement (or “EULA”) is a legal agreement between the person, company, or organization (“You”) that has licensed a software solution (“Product”) and TrustPipe Security LLC (“Licensor”). The Product is to be obtained only directly from the Licensor or through a third party authorized by the Licensor (a “Partner”).

By downloading, installing, copying, accessing, and/or using any Product provided by the Licensor, You are confirming Your acceptance of this agreement and You are agreeing to become bound by the terms of this agreement. If You are accepting these terms on behalf of another person or company or other legal entity, You represent and warrant that You have full authority to bind that person, company, or legal entity to these terms.

This EULA shall apply only to a Product supplied by the Licensor herewith regardless of whether other software or platform is referred to or described herein.

The Products transacted through the Services are licensed, not sold, to You for use only under the terms of this license. The Licensor reserves all rights not expressly granted to You. The Product that is subject to this license is referred to in this license as the “Licensed Application.”

a. Scope of License: This license granted to You for the Licensed Application by Licensor is limited to a non-transferable license to use the Licensed Application on one Device that You own or control This license does not allow You to use the Licensed Application on more than one Device or on a Device that You do not own or control, nor on a Device type for which it was not licensed, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time except as explicitly authorized with prior written permission by Licensor. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Licensor and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Licensor that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

b. Term of License: This license is valid for the term for which You have paid, measured from the date of first installation by You, after which You are deemed to be in violation of this EULA and the Licensed Application may stop working unless You choose to renew Your license.

c. Consent to Use of Data: You agree that Licensor may use technical data and related information that You voluntarily and explicitly provide, including but not limited to technical information about Your device, system and application software, network topology, and network traffic, for the purposes of providing software updates, product support and other services to You (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.

d. Termination: The license is effective until terminated by You or Licensor. Your rights under this license will terminate automatically without notice from the Licensor if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, delete and destroy all copies, full or partial, of the Licensed Application.

e. Services; Third Party Materials. The Licensed Application may enable access to Licensor’s services and web sites (collectively and individually, “Services”). Use of the Services may require Internet access and that You accept additional terms of service.

Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that the Licensor is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Licensor does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. The Licensor does not guarantee the availability, accuracy, completeness, reliability, or timeliness of data displayed by any Services.

You agree that Services may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.

In addition, third party Services and Third Party Materials that may be accessed from, displayed on, or linked-to from the Devices are not available in all languages or in all countries. The Licensor makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Licensor, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Licensor be liable for the removal of or disabling of access to any such Services. The Licensor may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

f. Limited Warranty: The Product is provided AS IS. This limited warranty extends only to You as the original licensee. Your exclusive remedy and the entire liability of the Licensor and its suppliers under this limited warranty will be, at our option, repair, replacement, or refund of the Product if reported (or, upon request, returned) to the party supplying the Product to You. In no event do we warrant that the Product is error free or that You will be able to operate the Product without problems or interruptions.

This warranty does not apply if the Product (a) has been altered, except by Us, (b) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Us.

DISCLAIMER. EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW.

IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF LICENSOR OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Licensor's or its suppliers' liability to You, whether in contract, tort (including negligence), or otherwise, exceed the price paid by You for the Product itself. The foregoing limitations shall apply even if the above-stated warranty fails of its essential purpose. SOME STATES DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.

g. Limitation of Liability. To the extent not prohibited by law, in no event shall Licensor be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to Your use or inability to use the licensed application, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Licensor has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to You.

In no event shall Licensor’s total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

h. Licensor will defend any claim or suit brought against You alleging that a Product infringes a patent, copyright or trade secret and will pay all costs and damages finally awarded as a result thereof, if You promptly notify Licensor of the claim and give Licensor reasonably requested information and cooperation and sole authority to defend and settle the claim. In handling the claim, Licensor may obtain for You the right to continue using the Product, or may replace or modify it so that it becomes non-infringing, or, if the foregoing are not reasonably available, Licensor will refund the purchase price for infringing equipment and license fees paid for the Product. Licensor is not obligated to indemnify You if the alleged infringement arises from: the use of a Product in connection with goods or services not furnished by Licensor; Licensor's compliance with Your designs, specifications or instructions; or modifications by anyone other than Licensor. This Section states Licensor's entire liability for claims of infringement, and Your sole remedy against Licensor for such claims.

i. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, You represent and warrant that You are not located in any such country or on any such list. You also agree that You will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

j. The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

k. The laws of the State of California, excluding its conflicts of law rules, govern this license and Your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.

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