Fortressware.Inc.

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IMPORTANT--READ CAREFULLY: This End-User Evaluation License Agreement ("License") is a legal contract between you (a business entity) and Fortressware, Inc. for the following Fortressware software product: the Fortress module of the Secure Team™ Suite (the "Software"). Fortressware is willing to license the Software to you only upon the condition that you accept all of the terms contained in this License. Please read the terms and conditions carefully before clicking the accept button and accepting the terms of this license. By clicking the accept button, you agree to the terms and conditions of this License, including the warranty disclaimer and limitations of liability provisions below. If you are not willing to be bound by this License, do not install or use the Software, and exit now. There is no fee for this license, however, this license is available only to business users, not to individuals. In order to obtain a license key for the Software you must verify that you are a business user, identify your business, and be willing to discuss your experiences with the Software with a Fortressware representative after termination of the license period. If you do not meet these conditions, do not install or use the Software, and exit now. 1. License to Use. Subject to the terms and conditions of this License, Fortressware grants you a non-exclusive and non-transferable license to install and use the Software in machine-readable form and the accompanying documentation (the "Documentation") (together, the "Product") solely for evaluation and testing purposes with respect to your internal business purposes 2. Customer Support. During the term of this License, Fortressware will provide you with technical support by email, fax, or voice mail in accordance with its evaluation support procedures. 3. Term and Termination. This License is valid for three days only, beginning upon your receipt of the license key. This License will terminate immediately without notice from Fortressware if you fail to comply with any provision of this License. Upon termination, you must destroy all copies of the Software, other than copies on back-up tapes or disks made on a regular basis of the entire computer system, which copies shall not be accessed or used after termination. You may terminate this License at any time by destroying all copies of the Software and Documentation. 4. Restrictions. The Product is copyrighted and title to all copies is retained by Fortressware and its licensors. You may not make copies of the Software, other than off-line copies of the installed Software as required for back-up purposes. All proprietary rights notices on the Software shall be reproduced on any copies. Your rights under this License may not be sublicensed, assigned or otherwise transferred without the prior written approval of Fortressware. The Software contains trade secrets, and to protect them you may not modify, decompile, disassemble, decrypt, extract, or otherwise reverse-engineer the Software unless enforcement of this provision is prohibited by applicable law. In addition, you may not rent, lease, loan, resell or redistribute the Product or any part thereof. The Product is confidential and proprietary information of Fortressware and its licensors. You agree to take adequate steps to protect the Product from unauthorized disclosure or use. 5. Submissions. You agree to evaluate and test the Software for use in your software environment and provide feedback to Fortressware in a manner reasonably requested by Fortressware. You further agree that any communications to Fortressware by any means or by any media (including, without limitation, ideas, concepts or techniques for new or improved services and products), whether as information, feedback, data, questions, comments, suggestions or the like, are unrestricted and shall be deemed non-confidential and you automatically grant Fortressware and its assigns a nonexclusive, royalty-free, worldwide, perpetual, irrevocable license, with the right to sublicense, to use, copy, transmit, distribute, create derivative works of, display and perform the same. 6. Disclaimer of Warranty. THIS SOFTWARE IS PROVIDED "AS IS." FORTRESSWARE AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR SUCH FILES. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FORTRESSWARE OR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL CREATE ANY WARRANTY. 7. Limitation of Liability. Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The user must assume the entire risk of using the Software. ANY LIABILITY OF FORTRESSWARE FOR A DEFECTIVE COPY OF THE PRODUCT WILL BE LIMITED EXCLUSIVELY TO REPLACEMENT OF YOUR COPY OF THE SOFTWARE WITH ANOTHER COPY. IN NO EVENT WILL FORTRESSWARE OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES OF ANY KIND, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF FORTRESSWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FORTRESSWARE'S LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE LICENSE FEE PAID BY YOU FOR THE PRODUCT. THE PARTIES AGREE THAT THE LIMITATIONS IN THIS SECTION SHALL APPLY EVEN IF THIS AGREEMENT OR ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 8. Export Regulations. The Software, including technical data, is subject to United States export control laws, including the United States Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. You agree to comply strictly with all such regulations and acknowledge that you have the responsibility to obtain any necessary license to export, re-export, or import the Software. 9. United States Government Rights. The Software and Documentation constitute "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 CFR 12.212 (Sept 1995). Government end users acquire the Software under the following terms: (i) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 CFR 12.212 (Sept 1995); or (ii) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 CFR 227.7202-1 (June 1995) and 227.7202-3 (June 1995). Manufacturer for such purpose is Fortressware, Inc., 2672 Bayshore Parkway, Suite 608, Mountain View, CA 94043. 10. Governing Law. This License is made under and shall be governed by and construed in accordance with the laws of the State of California, USA , excluding its choice of law provisions. You agree that the UN Convention on Contracts for the International Sale of Goods shall not apply to this License nor to any dispute or transaction arising out of this License. 11. 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 Fortressware's opinion deletion of any provisions of the License by operation of this paragraph unreasonably compromises the rights or liabilities of Fortressware or its licensors, Fortressware reserves the right to terminate the License and refund any fee paid by you as your sole and exclusive remedy. 12. Integration. This License is the entire agreement between you and Fortressware relating to the Product and (i) supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter; and (ii) prevails over any conflicting or additional terms of any quote, order, acknowledgment, or similar communication between the parties. No modification of this License will be binding unless in writing and signed by a duly authorized representative of each party. If you have any questions concerning this License, you may contact Fortressware by sending email to info@fortressw.com
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