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END USER LICENSE AGREEMENT

Tenrehte Technologies, Inc. ("TENREHTE") End User License Agreement ("EULA")

PLEASE READ CAREFULLY BEFORE DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE

USE OF SOFTWARE OBTAINED FROM TENREHTE OR DOWNLOADED FROM A TENREHTE OWNED WEBSITE IS SUBJECT TO THESE LICENSE TERMS. BY DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING THE TENREHTE SOFTWARE, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) ARE AGREEING TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE DO NOT DOWNLOAD THE SOFTWARE OR INSTALL IT ON YOUR PRODUCT OR SYSTEM. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE DO NOT USE THE TENREHTE SOFTWARE. TENREHTE RESERVES THE RIGHT TO RECORD AND MAINTAIN RECORDS OF ALL DOWNLOAD ACTIVITIES.

  1. Software. The software includes, but is not limited to, computer software, associated media, printed materials, software deployed on a TENREHTE owned server or website and provided as an application for use as a free or paid service on demand ("SaaS" or "Software as a Service"), "online" or "soft" or electronic documentation, Boot ROM code, embedded software, interfaces, content, fonts and any data that came with the software or as originally installed as software on a TENREHTE product ("SOFTWARE"), as may be updated or replaced by feature enhancements, software updates or system restore software provided by TENREHTE ("SOFTWARE UPDATES"), whether in read only memory, on any other media or in any other form (the SOFTWARE and SOFTWARE UPDATES are collectively referred to as the "SOFTWARE" or "LICENSED MATERIALS").

  2. License. The SOFTWARE is licensed and not sold. TENREHTE grants to you a personal, non-assignable and non-exclusive license to Use the SOFTWARE only on (i) a computer for standalone SOFTWARE, (ii) or a TENREHTE owned server or website, (iii) or TENREHTE product, (iv) or computer that is directly or indirectly coupled to or part of, and only for operation in conjunction with, a TENREHTE product. "Use" means storing, loading, installing, executing or displaying the SOFTWARE. You may not modify the SOFTWARE or disable any licensing or control features of the SOFTWARE. You are obtaining no rights in the SOFTWARE except those given in this limited license.

  3. Ownership. The SOFTWARE, together with all intellectual property rights embodied therein, is owned by TENREHTE and/or its third party suppliers and the SOFTWARE is protected by United States copyright laws and international treaties. Your license confers no title or ownership in the SOFTWARE. TENREHTE's third party suppliers may protect their rights in the event of any violation of this License.

  4. Software Updates. TENREHTE, at its discretion, may make available future updates to the SOFTWARE. Updates, if any, may not necessarily include all existing SOFTWARE features, or new features that TENREHTE releases for newer products.

  5. Copies. As applicable you may make one copy of the SOFTWARE for backup or archival purposes, or when copying is an essential step in the authorized Use of the SOFTWARE. You must reproduce all copyright notices in the original SOFTWARE on all copies. You may not copy the SOFTWARE onto any website, bulletin board or similar system, nor can you copy the user documentation provided with the SOFTWARE except for your own authorized use.

  6. Restrictions on Use. The SOFTWARE contains copyrighted material, trade secrets, and other proprietary material of TENREHTE and its suppliers. You are not permitted to (i) modify, adapt, alter, translate, decompile, disassemble or otherwise reverse engineer the SOFTWARE or reduce the SOFTWARE to human-readable form by any means whatsoever, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; (ii) remove any identification, copyright or other notices from the SOFTWARE; or (iii) create a derivative work of any part of the SOFTWARE; or (iv) rent, lease, loan or distribute the SOFTWARE in whole or in part. In addition to the restrictions set forth above, you are expressly not permitted to Use the SOFTWARE for use in conjunction with the operation of nuclear facilities, aircraft navigation, aircraft communication, aircraft flight control, aircraft air traffic control systems, weapons devices or systems, or in any device or systems in which a malfunction (including, without limitation, SOFTWARE related delay or failure) would result in foreseeable risk of injury or death to the operator, or to others.

  7. Transfer. Your license will automatically terminate upon any transfer of the SOFTWARE. Upon transfer, you must cease all use and deliver the SOFTWARE, including any copies and related documentation, to the transferee. The transferee must accept and be bound by this License as a condition of the transfer.

  8. Third Party SOFTWARE. The download of the SOFTWARE may also include third party SOFTWARE products ("Third Party SOFTWARE"), which require that you enter into, or be subject to, a separate license agreement with the publisher of such software in conjunction with your original installation. You understand that your use of the Third Party SOFTWARE is governed by the terms of that end user license agreement and not by this License, and you agree to abide by that third party license agreement. In particular, the Third Party SOFTWARE includes software licensed under the GNU General Public License, GNU Lesser General Public License, or other different and/or additional licenses, notices and disclaimers. To understand your rights under such licenses, please refer to the terms of the licenses, notices, and disclaimers, which can be referenced by visiting the Open Source Initiative website.

  9. Termination. TENREHTE may terminate your license upon notice of failure to comply with any of the terms of this License. Upon termination, you must immediately destroy the SOFTWARE, together with all copies thereof. The disclaimers in Sections 10 and 11 and the provisions of Sections 8, 12, 13, 14 and 15 shall survive any termination.

  10. Disclaimer of Warranty. TENREHTE is licensing the SOFTWARE to you "as is" and without any warranty of any kind. You accept all risks, which may arise from the downloading the SOFTWARE, including, without limitation, errors in transmission or corruption of existing data or SOFTWARE. Neither TENREHTE nor its suppliers does not warrant that the SOFTWARE will meet your requirements or that the operation of the SOFTWARE will be uninterrupted or that the SOFTWARE will be error-free. TENREHTE AND ITS SUPPLIERS HEREBY DISCLAIM WITH REGARD TO THE SOFTWARE ALL WARRANTIES OR CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not be applicable to you. This limited warranty provides specific legal rights. Other rights may vary from jurisdiction to jurisdiction.

  11. Limitation of Liability. EXCEPT TO THE EXTENT PROHIBITED BY LOCAL LAW OR FOR BODILY INJURY, IN NO EVENT SHALL TENREHTE OR ITS SUBSIDIARIES, AFFILIATES OR SUPPLIERS, BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, LOSS OF PROFITS OR DOWNTIME COSTS) ARISING OUT OF THE USE OF, INABILITY TO USE, OR THE RESULTS OF USE OF, THE SOFTWARE, WHETHER BASED IN WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF TENREHTE OR ITS SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU FOR THE SPECIFIC TENREHTE PRODUCT TO WHICH THE LIABILITY IS RELATED. THE FOREGOING LIMITATION SHALL NOT APPLY TO ANY DAMAGES INTENTIONALLY CAUSED BY TENREHTE IF NOT ALLOWED BY EU OR EU MEMBER STATE LAW. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitation may not apply to you.

  12. Export Restrictions. You agree and certify that neither the SOFTWARE nor any technical data received from TENREHTE, nor the direct product thereof, will be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States. If the SOFTWARE has been rightfully obtained by you outside the United States, you agree that you will not re-export the SOFTWARE nor any other technical data received from TENREHTE, nor the direct product thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained the SOFTWARE. You agree to comply fully with all laws and regulations of the United States and other countries to assure that neither the SOFTWARE, not any direct products thereof are: exported, directly or indirectly, in violation of any applicable export control laws or used for any purpose prohibited by such export control laws, including, without limitation, nuclear, chemical or biological weapons proliferation. None of the SOFTWARE or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the U.S. has embargoed goods; (ii) or to anyone on the U.S. Treasury Department's Table of Denial Orders. You may not export or re-export or transfer the SOFTWARE or any portion or copy thereof in violation of applicable export, import or other laws or regulations.

  13. Government Restricted Rights. The SOFTWARE is provided with RESTRICTED RIGHTS. The SOFTWARE is a commercial SOFTWARE product, licensed on the open market, and was developed entirely at private expense and without government funds. Any use, modification, reproduction, release, performance, display, or disclosure of the SOFTWARE by any government entity shall be governed solely by the terms of this License and shall be prohibited except to the extent expressly provided under this License. No license to the SOFTWARE is granted to any government entity requiring different terms. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights clause at 48 CFR 52.227-19, as applicable. Manufacturer is Tenrehte Technologies, Inc. Rochester, NY USA.

  14. Governing Law. This License will be governed by the laws of the State of New York, as applied to agreements entered into and to be performed entirely within New York between New York residents, without reference to conflict-of-laws principles. Application of the United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. This License may only be modified by a written document, which has been signed by both you and TENREHTE. Should any provisions of this License be declared invalid by any court of competent jurisdiction, the balance of the License will remain in full force and effect. This is the entire agreement between you and TENREHTE, and supersedes any prior agreement, whether written or oral, relating to the subject matter of this License. This License shall be exclusively interpreted in accordance with the English language with the meaning of its terms. Should a translated version of this License deviate from the English language version, only the English version shall apply and be binding.

    1. Dispute Resolution. The parties hereby agree that all disputes and differences arising from the execution of, or in connection with this License shall be settled through friendly consultations by both parties. To this effect, they shall consult and negotiate with each other, in good faith and understanding of their mutual interests, to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of thirty days after receipt of a notice from one party to the other requesting mediation, or such further period the parties shall agree to in writing, then the disputes or differences shall be settled in accordance with the arbitration provisions hereunder.

      Any controversy or claim arising out of or relating to this License, or the breach thereof, that was not settled after mediation, shall be determined by binding arbitration administered by the American Arbitration Association in accordance with its International Arbitration Rules.

      There shall be limited discovery prior to the arbitration hearing as follows: (a) exchange of witness lists and copies of documentary evidence and documents relating to or arising out of the issues to be arbitrated, (b) depositions of all party witnesses and (c) such other depositions as may be allowed by the arbitrator upon a showing of good cause. Depositions shall be conducted in accordance with the New York Code of Civil Procedure, the arbitrator shall be required to provide in writing to the parties the basis for the award or order of such arbitrator, and a court reporter shall record all hearings, with such record constituting the official transcript of such proceedings.

      The number of arbitrators shall be one. The place of arbitration shall be in Rochester, New York, USA. The arbitration shall be held, and the award shall be rendered, in English.

  15. Entire Agreement. This EULA (including any addendum or amendment to this EULA which is included with the SOFTWARE or TENREHTE product) are the entire agreement between you and TENREHTE relating to the SOFTWARE and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the SOFTWARE or any other subject matter covered by this EULA. To the extent the terms of any TENREHTE policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.
All rights not expressly granted herein are reserved.

15 December 2010

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