eSafe Protect LICENSE AGREEMENT Please read this License Agreement before downloading the Product and indicate your acceptance by choosing the 'I accept' Button This Agreement was last updated on June 12, 1997 YOU MUST READ AND AGREE TO THIS VERSION OF THIS AGREEMENT BEFORE USING eSafe Protect. (the "Product"). By completing the installation process or clicking the 'I accept' button, you are indicating that you agree to be bound by all the terms of this Agreement. You may print and keep a copy of this Agreement. This Agreement has 3 sections. Section I applies if you are downloading the Product free of charge for evaluation purposes only. Section II applies if you have purchased a license to the Product. Section III applies to all grants of license. Section I -- TERMS APPLICABLE TO GRANT OF EVALUATION LICENSE EliaShim Ltd. ("EliaShim") grants you a non-exclusive license to use the Product free of charge for the purpose of evaluating whether to purchase an ongoing license to the Product. The evaluation period is limited to 30 days. If you are using the Product free of charge, you are not entitled to hard-copy documentation or support. You may use the Product in the manner described in Section III below under "Extent of Grant." DISCLAIMER OF WARRANTY. The Product is provided on an "AS IS" basis, without warranty of any kind. IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, SATISFACTION AND MERCHANTABILITY SHALL NOT APPLY. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION. The entire risk as to the quality and performance of the Product is borne by you. This disclaimer of warranty constitutes an essential part of the agreement. If you initially acquired a copy of the Product without purchasing a license and you wish to purchase a license, contact EliaShim on the Internet at http://www.esafe.com or http://www.eliashim.com or call us at 1-888-7-SAFEPC or (954) 450 9611. SECTION II -- APPLICABLE TERMS WHEN LICENSE FEE PAID GRANT. Subject to payment of applicable license fees, EliaShim grants to you a non-exclusive license to use the Product and accompanying documentation ("Documentation") in the manner described in Part III below under "Extent of Grant." LIMITITATION OF WARRANTY. EliaShim warrants that for a period of ninety (90) days from the date of acquisition, the Product, if operated as directed, will substantially perform in accordance with the functionality described in the Documentation. EliaShim does not warrant, however, that your use of the Product will be uninterrupted or that the operation of the Product will be error-free or secure. EliaShim's sole liability for any breach of this warranty shall be, in EliaShim's sole discretion: (i) to replace or repair your defective Product; or (ii) to refund the price paid for the Product. Any replacement or repaired Product will be warranted for the remainder of the original warranty period or 30 days, whichever is longer. Only if you inform EliaShim in writing of your problem with the Product during the applicable warranty period and provide evidence of the date you purchased a license to the Product will EliaShim be obligated to honor this warranty. EliaShim will use reasonable commercial efforts to repair, replace or refund pursuant to the foregoing warranty within 30 days of being so notified. THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY ELIASHIM. ELIASHIM MAKES NO OTHER EXPRESS WARRANTY AND NO WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. THE DURATION OF IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD; SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO LIMITATIONS MAY NOT APPLY TO YOU. NO ELIASHIM DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY. If any modifications are made to the Product by you during the warranty period; if the media is subjected to accident, abuse, or improper use; or if you violate the terms of this Agreement, then this warranty shall immediately be terminated. This warranty shall not apply if the Product is used on or in conjunction with hardware or Product other than the unmodified version of hardware and Product with which the Product was designed to be used as described in the Documentation. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION. SECTION III -- TERMS APPLICABLE TO ALL GRANTS OF LICENSE EXTENT OF GRANT. Product: You may use one copy of the Product on any single computer. Network: You may allow other computers over an internal network to use the Product, provided that you must acquire and dedicate a license to the Product for each computer on which the Product is used or to which it is distributed. A license for the Product may not be shared or used concurrently on different computers. Back-up: You may make a single back-up copy of the Product for archival purposes. Limitations: You may not modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Product. Rental: You may not rent or lease the Product. Transfer: You may permanently transfer all of your rights under this Agreement only as part of a sale or transfer of your computer, provided you retain no copies, you transfer all of the Product, and, the recipient agrees to the terms of this Agreement. If the Product is an upgrade, any transfer must include all prior versions of the Product. COPYRIGHT. Title, ownership rights, and intellectual property rights in the Product and Documentation are owned by EliaShim and/or its suppliers. The Product is protected by the copyright laws and treaties. You may not copy the Documentation. TERMINATION. Without prejudice to any other rights, EliaShim may terminate this license if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Product and Documentation. CONSEQUENTIAL DAMAGES UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL ELIASHIM OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS INFORMATION, DAMAGES FOR PERSONAL INJURY OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL ELIASHIM BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT ELIASHIM RECEIVED FROM YOU FOR A LICENSE TO THE PRODUCT, EVEN IF ELIASHIM SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. EXPORT CONTROLS. None of the Product or underlying information or technology may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using the Product, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. MISCELLANEOUS. If the copy of the Product you received was accompanied by a printed or other form of "hard-copy" End User License Agreement whose terms vary from this Agreement, then the hard-copy End User License Agreement governs your use of the Product. This Agreement represents the complete agreement concerning this license and may amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by Florida law (except for conflict of law provisions). The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, as applicable, and in similar clauses in the NASA FAR Supplement. Manufacturer is EliaShim Ltd. c/o EliaShim Inc., 1 SW 129th Avenue, Suite #105, Pembroke Pines, FL 33027, USA I HAVE READ AND UNDERSTOOD THIS LICENSE AGREEMENT AND AGREE TO BE BOUND BY ALL OF THE TERMS. Please indicate your acceptance by choosing the 'I accept' Button.