SIGNAL 9 (R) SOFTWARE LICENSE AGREEMENT FOR CONSEAL (R) PC FIREWALL (TM) _______________________________________________________________________ PLEASE READ THIS LICENSE CAREFULLY BEFORE PROCEEDING TO DOWNLOAD OR INSTALL THE SOFTWARE. BY DOWNLOADING OR INSTALLING AND/OR USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR INSTALL THIS SOFTWARE. USER’S USE OF THIS SOFTWARE IS CONDITIONAL UPON COMPLIANCE BY USER WITH THE TERMS OF THIS LICENSE. _______________________________________________________________________ This Signal 9 Solutions Canada Inc. Software License Agreement ("License") is an agreement between you (the individual or corporation who operates the Software) and Signal 9 Solutions Canada Inc. ("Signal 9"). This License applies to the Signal 9 software product (the "Software"), which includes the program and license code (the "Program") and any applicable user materials (the "Related Documentation"). 1. GRANT OF LICENSE. Upon payment for use of the Software, Signal 9 grants you a non-exclusive, non-transferable right to use the Software in machine executable form on a single designated central processing unit (CPU) at a single time, even if more than one kind of medium is contained in the package or if you are provided with an updated version on new medium. A license for the Software may not be shared or used concurrently on different computers. You may make a single copy of the Program in any machine readable form for back-up purposes in support of the authorized use of the Program on the designated CPU. In the case of evaluation versions of the Software, Signal 9 grants you a non-exclusive, non-transferable license to use this Software for evaluation purposes for a period not to exceed thirty (30) days. Evaluation Software may contain code which will deactivate the Software after the evaluation period. If you wish to continue using this Software after the thirty-day evaluation period, you MUST purchase a license for the full production version of the Software. You may not attempt to use any means to extend the operation of the Software. 2. OTHER RESTRICTIONS. Except with the express written consent of Signal 9, you agree you will not attempt to: (a) copy, rent, lease, sell or distribute the Software; (b) modify, decompile, translate, reverse engineer, create derivative works of, or disassemble in whole or in part or to otherwise attempt to derive source code or underlying ideas or algorithms from the Program; and (c) transfer the Software or this License to any other third party. Any unauthorized use shall result in immediate and automatic termination of this license (without any notice from Signal 9). All rights not expressly granted herein are reserved to Signal 9. The License granted by Signal 9 in Section 1 above is not assignable, saleable, or franchisable by you to any third party. Rights to distribute the Software may be negotiated independently with Signal 9 Solutions Inc. Purchase price does not include product support. 3. COPYRIGHT. Title and ownership of the Software and all associated intellectual property rights, including but not limited to any trademark, trade secrets, copyright or similar rights in the software are and shall remain the exclusive property of Signal 9 and/or other licensors. The Software is protected by copyright law and by applicable international treaty provisions. Except for back-up purposes as specified in Section 1 above, you are not permitted to copy the Software. You may not copy any printed materials accompanying the Software. If no printed materials accompany the Software, then you may print one copy of the "online" or electronic documentation for each user for which an applicable license fee has been paid. You agree that any copies of the Software will contain the same proprietary notices or labels which appear in and on the Software. 4. TERM. This License is effective for the duration of the useful life of the Software or until terminated. This License shall terminate automatically (without notice from Signal 9) should you fail to comply with any of the terms or conditions of this License. Upon termination of the License for any reason, all copies of the Software must be destroyed. 5. WARRANTY. SIGNAL 9 WARRANTS THAT THE SOFTWARE WILL OPERATE SUBSTANTIALLY IN ACCORDANCE WITH THE HELP INSTRUCTIONS CONTAINED THEREIN FOR A PERIOD OF NINTETY (90) DAYS FROM DATE OF RECEIPT. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ARE RESPONSIBLE FOR THE ENTIRE RISK WITH RESPECT TO THE QUALITY AND PERFORMANCE OF THE PROGRAM. SIGNAL 9 DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATIONS OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE SIGNAL 9 PROGRAM WILL BE CORRECTED. FURTHERMORE, SIGNAL 9 DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, EFFECTIVENESS OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SIGNAL 9 OR ANY SIGNAL 9 AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SIGNAL 9 SOFTWARE PROVE DEFECTIVE, YOU (AND NOT SIGNAL 9 OR A SIGNAL 9 AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY IN ITS ENTIRETY TO YOU. 6. LIMITATION OF LIABILITY. IN NO EVENT WILL SIGNAL 9 BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS DATA, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM, EVEN WHERE SIGNAL 9 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION OF LIABILITY MAY NOT FULLY APPLY TO YOU. IN NO EVENT SHALL THE LIABILITY OF SIGNAL 9, OR ITS EMPLOYEES, REPRESENTATIVES OR DISTRIBUTORS, FOR ANY CLAIM ARISING FROM THE USE OF THE SOFTWARE OR THIS AGREEMENT EXCEED THE AMOUNT OF FEES RECEIVED BY SIGNAL 9, IF ANY, IN RESPECT OF YOUR USE OF THE SOFTWARE. 7. U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication, or disclosure by the U.S. Government of the computer software and documentation in this package shall be subject to the restricted rights applicable to commercial computer software as set forth in subdivision (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at 252.227-7013 (DFARS 52.227-7013) or subdivision (c)(1) and (2) of the Commercial Computer Software -- Restricted Rights clause at 48 CFR 52.227-19, as applicable. The contractor/manufacturer is Signal 9 Solutions Canada Inc., 406-580 Terry Fox Drive, Kanata, ONTARIO, Canada K2L 4B9. 8. GOVERNING LAW. This License will be governed by the laws of the Province of Ontario, Canada and you agree that any litigation arising hereunder shall be brought by you before the courts of the Judicial District of Ottawa, Province of Ontario. Signal 9 may initiate an action in any appropriate jurisdiction. If for any reason a court of competent jurisdiction finds any provision of this License unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. 9. COMPLETE AGREEMENT. You acknowledge having read this License agreement, understanding it and agreeing to be bound by its terms and conditions. It is understood that this License is the complete and exclusive statement between you and Signal 9 (including its dealers, distributors, agents and employees) which supersedes any proposal or prior agreement, oral or written, and any other communications relating to the subject matter of the License. Should you have any questions regarding this License or the Software, please contact in writing: Signal 9 Solutions Canada Inc., 406-580 Terry Fox Dr., Kanata, ONTARIO, Canada K2L 4B9 or send e-mail to sales@signal9.com. ConSeal PC FIREWALL (TM), ConSeal (R) and Signal 9 (R) are trademarks or U.S. registered trademarks of Signal 9 Solutions Canada Inc.