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End User License Agreement

This license ("License") contains rights and restrictions associated with use of the accompanying software and documentation ("Software"). Read the License carefully before installing the Software. By installing the Software you agree to the terms and conditions of this License.
  1. Limited License Grant. Microburst Technologies, Inc. of Rockledge, Florida ("MTI") grants to you ("Licensee") a non-exclusive, non-transferable limited license to use the Software on a SINGLE DOMAIN NAME. Licensee may not re-distribute the Software in whole or in part, either separately or included with a product.
  2. Licensee SHALL NOT MODIFY, decompile, disassemble, decrypt, extract, or otherwise reverse engineer the Software contained within the package or any subpackages without expressed written consent from MTI.
  3. Restrictions. Software is confidential copyrighted information of MTI and title to all copies is retained by MTI and/or its licensors. Licensee shall not modify, decompile, disassemble, decrypt, extract, or otherwise reverse engineer Software. Software may not be leased, assigned, or sublicensed, in whole or in part. Software is not designed or intended for use in on-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or in the design, construction, operation or maintenance of any nuclear facility. Licensee warrants that it will not use or redistribute the Software for such purposes.
  4. Disclaimer of Warranty. Software is provided "AS IS," without a warranty of any kind. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED.
  5. Limitation of Liability. MTI AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE OR ANY THIRD PARTY AS A RESULT OF USING OR DISTRIBUTING SOFTWARE. IN NO EVENT WILL MTI OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF MTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  6. Termination. Licensee may terminate this License at any time by destroying all copies of Software. This License will terminate immediately without notice from MTI if Licensee fails to comply with any provision of this License. Upon such termination, Licensee must destroy all copies of Software.
  7. Export Regulations. Software, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. Licensee agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import Software. Software may not be downloaded, or otherwise exported or re-exported (i) into, or to a national or resident of, Cuba, Iraq, Iran, North Korea, Libya, Sudan, Syria or any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Denial Orders.
  8. Restricted Rights. Use, duplication or disclosure by the United States government is subject to the restrictions as set forth in the Rights in Technical Data and Computer Software Clauses in DFARS 252.227-7013(c) (1) (ii) and FAR 52.227-19(c) (2) as applicable.
  9. Governing Law. Any action related to this License will be governed by Florida State law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
  10. Severability. If any of the above provisions are held to be in violation of applicable law, void, or unenforceable in any jurisdiction, then such provisions are herewith waived to the extent necessary for the License to be otherwise enforceable in such jurisdiction. However, if in MTI's opinion deletion of any provisions of the License by operation of this paragraph unreasonably compromises the rights or increase the liabilities of MTI or its licensors, MTI reserves the right to terminate the License and refund the fee paid by Licensee, if any, as Licensee's sole and exclusive remedy.

© 2003 Microburst Technologies, Inc.