END USER AGREEMENT License and Limited Warranty Agreement DISCLAIMER: This product is not warranted to be accurate or correct. This product is intended for general business purposes only. CAREFULLY READ THIS LICENSE AND LIMITED WARRANTY AGREEMENT (this "Agreement") BEFORE YOU USE THIS PRODUCT. This is a legal agreement between you (either an individual or an entity) and DIYOTTA, Inc. By using this product, you agree to be bound by this Agreement. If you do not agree to the terms of this Agreement, do not use this product. DEFINITIONS. The following definitions apply to the terms as they appear in this Agreement: "You" and "Your" refer to any person or entity that acquires or uses this Product. "DIYOTTA Content" means digitally encoded material created by DIYOTTA, Inc. or its suppliers. "Programs" means the machine-readable software code provided by DIYOTTA to develop "Product" means the Programs, DIYOTTA Content, documentation and other material provided to You by DIYOTTA, Inc. or one of its licensees, distributors, sub-licensees or sub-distributors. LICENSE. You are obtaining limited rights to use this Product subject to the terms of this Agreement. DIYOTTA, Inc. retains ownership of (i) the Product and (ii) any intellectual properties related to the Product. PERMITTED USES OF THE PROGRAMS. DIYOTTA, Inc. grants You a limited license to use the Programs as follows. You may load a copy of the Programs in the memory of one computer per licensed developer for use with that computer by one person at a time; and, make a copy of the Programs for archival purposes only. You may execute code generated by the Programs on one Target Production System per Licensed copy for which you are required to provide both system configuration (model number) and identifying details (system/serial number), and each copy of the Product shall be unique to such system. PROHIBITED USES. You may not use, copy or distribute the Programs, DIYOTTA Content or documentation contained in this Product except as expressly described in this Agreement or permitted in writing signed by an authorized representative of DIYOTTA, Inc. Without limiting the generality of the foregoing statement, You may not: reverse engineer, disassemble or decompile the Programs or in any way, attempt to discover or reproduce the codes, techniques, formats, concepts, methods, ideas and information contained in or used to create the Programs, export the Product or any portion thereof to any person or entity in violation of any applicable law, broadcast or televise any of the Programs or DIYOTTA Content, distribute copies of the Programs, DIYOTTA Content, or documentation contained in the Product or electronically transfer the Programs or DIYOTTA Content from one computer to another over a network, sell the Programs or DIYOTTA Content, lend, lease, rent or license the Product, or any portion thereof, or make or export copies of the DIYOTTA Content, or any portion thereof, for use with other computer programs. TERMINATION. This Agreement and Your rights to use the Product terminate automatically if you violate any part of this Agreement. In the event of termination, you must immediately destroy all copies of this Product or return the Product to DIYOTTA, Inc. LIMITED WARRANTY. DIYOTTA, Inc. warrants that the Programs will substantially conform to published specifications and to the documentation, provided the Programs are used on the computer hardware and with the operating systems for which they were designed. If the Product fails to comply with these limited warranties, DIYOTTA, Inc. will, through its licensees or distributors, make a reasonable effort to correct any nonconformities in the Programs. You must, however, notify DIYOTTA, Inc. or its authorized representative within 90 days of the date you received the Product. If DIYOTTA, Inc. is unable to correct the nonconformities in the Programs, DIYOTTA, Inc.will refund the price You paid for this Product. The refund will fully satisfy all of Your claims under this limited warranty. This limited warranty shall continue for any replacement Product for the rest of the original 90-day warranty period or for 30 days from the date You receive the replacement, whichever is longer. DIYOTTA, Inc.'s liability to You for actual damages for any cause whatsoever, and regardless of the form of the action, will be limited to the money paid for the Product. DIYOTTA, Inc. does not warrant that the Product is free from all errors and omissions or that the functions contained in the Product will meet your requirements. DIYOTTA, Inc. does not warrant the DIYOTTA Content meets any particular standard. EXCEPT AS SPECIFICALLY SET FORTH ABOVE, DIYOTTA, INC. AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. EXCEPT AS SPECIFICALLY SET FORTH ABOVE, DIYOTTA, INC. AND ITS SUPPLIERS WILL IN NO EVENT BE LIABLE FOR ANY DAMAGES WHATSOEVER FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, EITHER DIRECT OR INDIRECTLY INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS PROFITS, INCOME OR USE OF DATA. SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE, THE LIMITATIONS SET FORTH IN THIS AGREEMENT MAY NOT APPLY TO YOU. GENERAL. This Agreement constitutes the entire agreement and supersedes any prior agreement between DIYOTTA, Inc. and You concerning the Product. DIYOTTA, Inc. is not bound by any provision of any purchase order, or other document, unless DIYOTTA, Inc. specifically amends this Agreement. This Agreement cannot be amended, modified, or waived, unless the change is written and signed by an authorized corporate officer of DIYOTTA, Inc. This Agreement is governed by the laws of the State of North Carolina, USA, without regard to conflict of law principles.