End-User License Agreement Please read this end-user license agreement ("Agreement" or "EULA"). This EULA is a contract between you (either an individual or an entity) and iFAX Solutions, Inc. ("iFAX Solutions"), which governs your use of the iFAX Solutions Software (defined below) that accompanies this EULA and the related software components, which may include associated media, printed materials, and online or electronic documentation. By installing, copying or otherwise using the Software, you agree to be bound by the terms of this Agreement. LICENSE AND PROTECTION 1) License Grant iFAX Solutions grants you a non-exclusive, non-transferable license, without rights to sublicense, to use the HylaFAX Enterprise Edition fax server software ("Software") subject to the terms and conditions set forth in this Agreement. A serial number ("Software License Key") issued to you by iFAX Solutions is required to use the Software. A unique serial number is required for each server. 2) Protection of Software You agree to take all reasonable steps to protect the Software and the related Documentation (hereafter defined) from unauthorized copying or use. For the purposes of this Agreement, Documentation shall mean all documents and information related to or delivered with the Software, including printed information and documents and any media or information provided online or in any other format. You agree not to provide, disclose, divulge, make available to or permit use of the Software or Documentation, in whole or in part, by any third party without iFAX Solutions' express prior written consent. You further agree not to translate, disassemble, decompile, or otherwise reverse engineer the Software in order to discover the source code and/or trade secrets contained in the source code owned by iFAX Solutions or its licensors. You agree not to modify the Software or create derivative works based upon the Software. 3) Copies You may make a backup or archive copy of the Software to protect yourself from equipment malfunctions and other such failures, provided the backup copy is not installed or used on any computer except for restoration purposes. 4) Ownership Ownership of, and title to, the Software and Documentation (including any copies or adaptations) shall be held by iFAX Solutions or its licensors, as applicable. Copies are provided to you only to allow you to exercise your rights under the license granted under this Agreement. Only the license rights are purchased by you. 5) Restrictions Except as expressly authorized in this Agreement, you agree not to rent, lease, sublicense, distribute, transfer, copy, reproduce, display, modify or time share the Software or Documentation. You agree not to obscure or remove proprietary markings on the Software or Documentation. 6) Term The term of this EULA will commence upon installation or use of the Software and continue indefinitely, unless you and iFAX Solutions enter into a new agreement that entirely replaces this EULA. This license and your right to use the Software shall automatically terminate if you fail to comply with any material provision of this Agreement. You may also terminate this Agreement by notifying iFAX Solutions in writing. Upon termination, all license rights under this Agreement shall terminate, and you shall immediately cease using the Software and Documentation and return or destroy (at iFAX Solutions' option) all copies thereof, and so certify such destruction to iFAX Solutions. Upon termination, the terms of this Agreement that would reasonably be construed as surviving, will survive termination. 7) Support iFAX Solutions will provide limited support services related to the Software for a period of thirty (30) days after the date of purchase. Upon expiration of such 30-day period, iFAX Solutions will not provide any support services under this EULA. You may purchase support services separately. 8) Copyright Portions of the Software (HylaFAX Enterprise Edition fax server ?) are subject to protection under the copyright laws of the United States of America. 9) Audits You will keep accurate records indicating the Software, the names of users of the Software or the location of installation and use of each copy of the Software, and you agree that iFAX Solutions or its authorized representatives may conduct an audit to determine your compliance with this Agreement. You agree to cooperate with any such audit. Such audit will be conducted during your normal business hours, upon ten (10) days prior written notice. You shall pay to iFAX Solutions any underpayments found to be owed as a result of such audit. 10) Government Rights The Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. ?2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. ?12.212 or 48 C.F.R. ?227.7202, as applicable. Consistent with 48 C.F.R. ? 12.212 or 48 C.F.R. ?227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. End User License Agreement; 01/25/2007; Page 1 of 2 11) Export Restrictions The Software and all underlying technology and information are subject to U.S. export controls, including without limitation, the Export Administration regulations (50 C.F.R. Parts 730-774). You shall comply with all such export controls, trade regulations and laws (whether foreign or domestic), including, without limitation, the prohibition of exports into (or to a national or resident of) any country currently subject to a U.S. embargo or similar export restrictions (currently, Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, and Taliban controlled portions of Afghanistan); or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or U.S. Department of Commerce's Denied Parties List or Entity List. 12) Limited Warranty a) Compatibility: iFAX SOLUTIONS MAKES THE LIMITED WARRANTY TO YOU THAT THE SOFTWARE WILL SUBSTANTIALLY CONFORM TO THE ENCLOSED DOCUMENTATION, PROVIDED THAT THE SOFTWARE IS USED ON THE COMPUTER HARDWARE AND SOFTWARE SYSTEM FOR WHICH IT WAS DESIGNED. b) c) Disclaimer of Warranties: EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SOFTWARE AND DOCUMENTATION ARE PROVIDED AS-IS. WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE OR DOCUMENTATION, INCLUDING WITHOUT LIMITATION, THOSE OF QUALITY, PERFORMANCE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Third-Party Licensors: YOU ACKNOWLEDGE AND AGREE THAT PORTIONS OF THE SOFTWARE AND DOCUMENTATION ARE OWNED BY THIRD-PARTY LICENSORS AND THAT SUCH LICENSORS MAKE NO REPRESENTATIONS, EXTEND NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND ASSUME NO RESPONSIBILITY OR LIABILITY WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (I) ARISING OUT OF THE USE OF OR INABILITY TO USE SUCH PORTIONS, (II) WITH RESPECT TO THE USE, SUFFICIENCY OR ACCURACY OF SUCH PORTIONS, OR (III) FOR THE FURNISHING OF ANY SUPPORT OR INFORMATION RELATING TO SUCH PORTIONS. 13) Limitation of Liability iFAX SOLUTIONS' AGGREGATE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT FOR THE SOFTWARE OR DOCUMENTATION IS LIMITED TO THE TOTAL OF ALL PAYMENTS MADE BY OR FOR YOU FOR THE LICENSE. iFAX SOLUTIONS SHALL NOT IN ANY CASE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PROGRAM OR DOCUMENTATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. iFAX SOLUTIONS, INC. IS NOT RESPONSIBLE FOR LOST PROFITS OR REVENUE, LOSS OF USE OF THE SOFTWARE, LOSS OF DATA, COSTS OF RECREATING LOST DATA, THE COST OF ANY SUBSTITUTE EQUIPMENT OR PROGRAM, OR CLAIMS BY ANY PARTY OTHER THAN YOU. 14) Compliance by End User IFAX SOLUTIONS, INC. IS NOT RESPONSIBLE FOR THE METHOD OF USE OF HYLAFAX SOFTWARE BY THE END-USER (CUSTOMER) AND IFAX SOLUTIONS, INC. IS NOT RESPONSIBLE FOR THE CONTENT OF ANY FACSIMILE TRANSMISSION(S) PRODUCED BY THE END-USER (CUSTOMER) UTILIZING HYLAFAX SOFTWARE. It is expressly acknowledged that the End-User (Customer) of the Software is solely responsible for compliance with any international, federal, state or local law, statute, regulation, ordinance or rule (Regulations) governing or concerning the transmission of facsimiles, electronic transmissions, telephone calls or voice messages. End-User (Customer) shall indemnify iFAX Solutions, Inc. for any costs, claims, and damages, including reasonable counsel fees, that iFAX Solutions, Inc. incurs as a result of the failure of End-Users (Customer) to comply with any Regulations described in this paragraph. 15) Governing Law and General Provisions This Agreement will be governed by the laws of the Commonwealth of Pennsylvania, U.S.A. excluding the application of its conflicts of law rules. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement may only be modified in writing, signed by an authorized officer of iFAX Solutions. iFAX Solutions may assign this Agreement without your consent. You may not assign this Agreement, or any license rights granted under it, to any third party without iFAX Solutions' prior written consent. iFAX Solutions, Inc. 161 Leverington Avenue, Suite 102 Philadelphia, PA 19127 phone +1.215.825.8700 fax +1.215.243.8335 www.ifax.com info@ifax.com End User License Agreement; 01/25/2007; Page 2 of 2