InfraWare, Inc. Subscription and License Agreement effective 6/1/2005 The following Agreement applies to all InfraWare Software Products and associated Services. CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. BY DOWNLOADING, INSTALLING, PURCHASING OR USING ANY FILES OR SOFTWARE FROM INFRAWARE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE ANY FILES OR THEIR ASSOCIATED SERVICES. This License grants you a non-exclusive license to use InfraWare Products & Online Services and related documentation ("Software") on the following terms and conditions: License: You may: (a) use and (b) copy the Software in machine readable form solely for back-up purposes or use within a single working location; provided you reproduce InfraWare’s copyright notice and proprietary legends. Restrictions: You may not distribute copies of the Software. The Software contains trade secrets and in order to protect them you may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human perceivable form. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF. Ownership: The Software is copyrighted by, proprietary to and a trade secret of InfraWare. InfraWare retains the title, ownership and intellectual property rights in and to the Software and all subsequent copies regardless of the form or media. The Software is protected by the copyright laws of the United States and international copyright treaties. This License is not a sale of the Software. Termination: This License is effective until terminated. This License will terminate automatically without notice if you fail to comply with any of the provisions. Upon termination you shall destroy all copies of the Software including any partial copies. Disclaimer of Warranty: YOU ACCEPT ALL RISKS WHICH MAY ARISE FROM THE DOWNLOADING OR USE OF THE SOFTWARE OR SERVICES, INCLUDING BUT NOT LIMITED TO ERRORS IN TRANSMISSION OR CORRUPTION OF EXISTING DATA OR SOFTWARE. INFRAWARE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES' RIGHTS, WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. IN THE CASE OF DATA CONVERSION AND/OR RECOGNITION, YOU ACCEPT RESPOSNIBILITY FOR FINAL PROOFREADING AND APPROVAL OF FINISHED PRODUCT. INFRAWARE HEREBY ADVISES YOU THAT ERRORS ARE A ROUTINE PART OF THE WORK PRODUCT OF SUCH SERVICES. Some states do not allow the exclusion of implied warranties or limitations of how long an implied warranty may last, so the above exclusion may not apply to you. You may also have other rights which vary from state to state. Limitation of Liability: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL INFRAWARE OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF INFRAWARE SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Export: By downloading or installing the software or by accessing the service, you acknowledge that the laws and regulations of the United States restrict the export and re-export of the Software. Further, you agree that you will not export or re-export the Software or media in any form without the appropriate United States and foreign government approval. U.S. Government Restricted Rights: If the Software is acquired under the terms of a GSA contract, use, reproduction or disclosure is subject to the restrictions set forth in the applicable ADP Schedule contract. If the Software is acquired under the terms of a DoD or civilian agency contract, use, duplication or disclosure by the Government is subject to the restrictions of this License in accordance with 48 C.F.R. 12.212 of the Federal Acquisition Regulations and its successors and 48 C.F.R. 227.7202-1 of the DoD FAR Supplement and its successors. General: You agree this is the complete agreement concerning this License. In order to amend this License, a writing executed by both parties is required. You assume full responsibility for the legal and responsible use of the Software. This License shall be governed by Indiana law as such law applies to agreements between Indiana residents entered into and to be performed within Indiana, except as governed by Federal law. Should any provision of this License be declared unenforceable in any jurisdiction, then such provision shall be deemed to be severable from this License and shall not affect the remainder hereof. All rights in the Software not specifically granted in this License are reserved by INFRAWARE. I have read the above license agreement and I agree to the terms and conditions stated therein.
