Installatron Remote EULA Last Revised: November 26, 2012 THIS END-USER LICENSE AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR AN ENTITY IF ACQUIRED FOR USE BY AN ENTITY) AND INSTALLATON. READ THIS EULA CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. BY INSTALLING OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA; IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS HEREIN, OR IF YOU HAVE NOT READ, UNDERSTOOD, OR ACKNOWLEDGED THE TERMS HEREIN, DO NOT INSTALL OR USE THE SOFTWARE AND RETURN TO YOUR PLACE OF PURCHASE FOR A FULL REFUND. 1. DEFINITIONS I. The term EULA shall refer to this End User License Agreement. II. The term Services shall refer to Installatrons Installatron Remote software. III. The term Installatron Usage Data shall refer to all data collected in connection with the use of Services including information collected to help improve Services. IV. The terms we, us or our shall refer to Installatron. V. The terms you, your, or Licensee shall refer to any individual or entity who installs or uses Services. 2. GRANT OF LICENSE I. Subject to the terms and conditions of this Agreement, only during the term hereof, and provided that Licensee continues to satisfy the terms and conditions of this Agreement, Installatron grants Licensee a non-exclusive, non-transferable, non-assignable and non-sublicensable license to install and use Services. 3. TERM AND TERMINATION I. Installatron, in its sole and absolute discretion and without liability to Licensee, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, in whole or in part, and such changes or modifications shall be effective 30 calendar days of posting to the Installatron website (this Site). II. In the event that Installatron believes that Licensee has materially breached any obligations under this Agreement, or Licensee fails to enact changes or modifications to the Agreement, Installatron will notify Licensee of the breach. Licensee shall have 30 calendar days from the receipt of notice to cure the alleged breach and to notify Installatron that cure has been effected. Installatron may terminate this agreement effective upon 30 calendar days notice to the Licensee if the Licensee commits any material breach of this Agreement that remains uncured during such notice period. Examples of material breach include but are not limited to non-payment of any amount when due and failure to prohibit access to Services by any non-licensed entity. III. Upon the termination of this Agreement for any reason, Installatron will be entitled to immediately cease providing Services to Licensee, and all amounts due to Installatron will become immediately due and payable. Notwithstanding the termination of this Agreement for any reason, the provisions of this Agreement that by their nature survive termination will continue to apply. 4. SUPPORT I. Installatron shall have no obligation whatsoever to provide technical support for any issue unrelated to Services, including, but not limited to, problems caused by reliant software, such as DirectAdmin, cPanel/WHM, Plesk Linux, Apache, or MySQL. II. Support for web applications installed by Installatron may be available, however we make no guarantees. 5. PUBLICITY AND INTELLECTUAL PROPERTY I. The Installatron programs and the content of this website are protected by international copyright laws and treaties, all rights reserved. II. Licensee agrees not to use any of Installatrons trademarks, trade names, service marks, corporate names or logos or those of its affiliates (Marks) on any press release, advertising or marketing materials unless specifically authorized by Installatron. Licensee agrees not to interfere or cause any third party to interfere with Installatrons intellectual property rights. Licensee acknowledges that the use of the Marks is limited to the use set forth in this Agreement and that Licensee has not acquired and will not acquire any ownership rights therein. Licensee will not register or maintain any trademarks or domain names that are substantially similar to trademarks, domain names, or intellectual property owned by Installatron (or domain names confusingly similar thereto). III. DirectAdmin is copyright JBMC Software. Plesk is copyright Parallels. cPanel and Enkompass are copyright cPanel, Inc. IV. Licensee understands that no part of the Installatron program or Services may not be modified and/or distributed. V. Licensee understands that the Services is licensed; Licensee is not buying it outright. VI. Licensee understands that decompiling or reverse-engineering Services is prohibited. 6. WARRANTIES I. Installatron expressly reserves the right to deny, cancel or transfer Services that Installatron deems necessary, in its discretion, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Installatron, as well as its affiliates, subsidiaries, officers, directors and employees. II. THE SERVICES AND THE APPLICATIONS PROVIDED BY SERVICES ARE DELIVERED TO LICENSEE AS IS AND WITH ALL FAULTS. INSTALLATRON DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS LICENSEE MAY OBTAIN BY USING THE SERVICES. EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO LICENSEE IN YOUR JURISDICTION, INSTALLATRON MAKES NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. III. Licensee understands that functionality, features and contents of Services can change over time, and just because a functionality, feature, or content is offered at one time does not guarantee that it will always be available. IV. Licensee hereby states that the information provided to Installatron is correct and truthful, and all payments made to Installatron are not fraudulent. V. Licensee acknowledges that Licensee will be required to pay Installatrons court costs and legal expenses if Licensees actions result in a breach of this Agreement. VI. The provisions of this section shall survive the termination of this Agreement. 7. LIMITATION OF LIABILITY I. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INSTALLATRON WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, BUSINESS INTERRUPTION, OR FOR ANY OTHER SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING, WITHOUT LIMITATION, UNDER ANY CONTRACT, NEGLIGENCE OR OTHER TORT THEORY OF LIABILITY) EVEN IF INSTALLATRON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INSTALLATRONS AGGREGATE LIABILITY FOR DIRECT DAMAGES, UNDER THIS AGREEMENT (CUMULATIVELY) SHALL BE LIMITED TO THE TOTAL FEES COLLECTED BY INSTALLATRON UNDER THIS AGREEMENT. 8. INDEMNIFICATION I. You shall indemnify, defend and hold harmless Installatron and its directors, officers, staff, employees and agents and their respective successors, heirs and assigns and Installatron affiliates (and their directors, officers, staff, employees and agents and their respective successors, heirs and assigns) from and against any liability, damage, loss or expense (including reasonable attorneys fees and expenses of litigation). You will pay any and all costs, damages, and expenses, including, but not limited to, attorneys fees and costs awarded against or otherwise incurred by Installatron or it affiliates in connection with or arising from any such claim. 9. PRICING I. The pricing structure may be changed at any time.