CRYPTZONE SOFTWARE END USER LICENSE AGREEMENT THIS SOFTWARE END USER LICENSE AGREEMENT ('EULA') IS A LEGAL AGREEMENT BETWEEN YOU AND CRYPTZONE. READ IT CAREFULLY BEFORE USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY CLICKING ACCEPT AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN UNINSTALL THE SOFTWARE FROM YOUR COMPUTER. YOU REPRESENT AND WARRANT THAT IF YOU ARE A CORPORATION, GOVERNMENTAL ORGANIZATION OR OTHER LEGAL ENTITY, YOU HAVE THE RIGHT, POWER AND AUTHORITY TO ENTER INTO THIS EULA ON BEHALF OF SUCH CORPORATION, ORGANIZATION OR LEGAL ENTITY AND TO BIND SUCH CORPORATION, ORGANIZATION OR LEGAL ENTITY TO THIS EULA. This EULA governs your use of the software and accompanying documentation in full. This EULA also applies to any updates or additional components for the Software to the extent that such updates or additional components are provided hereunder and do not include terms that preclude this EULA. 1. Definitions (a) 'Cryptzone' means Cryptzone North America, Inc. and its licensors, if any. (b) 'Software' means only the Cryptzone software program(s) and third party software programs, in each case, supplied by Cryptzone herewith, and corresponding documentation, associated media, printed materials, and online or electronic documentation. 2. License Grant (a) Subject to the terms and conditions of this EULA, Cryptzone hereby grants you a limited, non-exclusive, non-assignable, nontransferable license, without the right to sublicense, to use the Software, in object-code form only, solely for your internal business purposes. The license for the Software is personal and is only provided to you and may not be shared, installed or used by any other user. (b) Your license shall be limited to, and you will not use the Software in excess of, the specified client types, the number of computers, objects, concurrent users, servers or sites, as set forth in the applicable purchase order for the Software which has been accepted by either Cryptzone or Cryptzone's authorized distributor or reseller, as the case may be, who has supplied the Software to you ('Reseller'). Any agreement or purchase order between you and Reseller for the Software must expressly name Cryptzone as a third party beneficiary to such agreement or purchase order. (c) You agree to keep confidential any access codes, personal identification number or other identifier, or access method, which has been used to download the Software. (d) You may make one copy of the Software in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Software. (e) You agree that Cryptzone may audit your use of the Software for compliance with these terms at any time, upon reasonable notice. (f) This EULA only affects your use of the Software. Add-on modules or components that you access through this product may be covered under a separate license agreement. (g) The Software licensed under this EULA may include 'Open Source' software (computer software that is distributed under a licensing arrangement, which provides that the computer code can be shared, viewed, and modified by the public). The restrictions of Sections 1 and 2 of this EULA only apply to any applicable Open Source software when and to the extent that they do not conflict with any terms of the Open Source software's respective license(s). 3. License Restrictions (a) Other than as set forth in Section 2, you may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network. (b) You acknowledge that the Software in source code remains a confidential trade secret of Cryptzone and/or its licensors, if any, and therefore you agree not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. (c) You may not sell, rent, lease, or sublicense the Software. (d) You may not modify the Software or create derivative works based upon the Software. (e) You may not export the Software into any country to the extent such country requires an export license or other governmental approval, without first obtaining such license or approval. Furthermore, you must, at all times, comply with applicable laws, regulations and restrictions of all applicable jurisdictions, including but not limited to the United States Export Administration Act and the regulations thereunder. (f) IF YOU VIOLATE ANY OF THE FORGOING, YOUR LICENSE IMMEDIATELY AND AUTOMATICALLY IS TERMINATED AND YOU MUST DESTROY ALL COPIES OF THE SOFTWARE IN YOUR POSSESSION. 4. Support Services Not Covered This EULA does not obligate Cryptzone to provide any support services for this Software. Cryptzone does offer Software support services related to the installation and use of this Software but they are not included under this EULA. Such support services may be provided pursuant to a separate professional services agreement entered into between you and Cryptzone or Reseller, as the case may be. 5. Ownership The foregoing license gives you limited license to use the Software. Cryptzone and its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Software and all copies thereof. All rights not specifically granted in this EULA, including Federal and International Copyrights, are reserved by Cryptzone and its suppliers. 6. Fees In consideration of the rights granted to you under this EULA, you will pay to Cryptzone or Reseller, as the case may be, a license fee as further specified by Cryptzone or Reseller in the applicable purchase order. 7. Termination If you are not in compliance with the terms and conditions of this EULA, Cryptzone may terminate this EULA without prejudice to any rights contained in this EULA. In such event, you must destroy all copies of the Software, modules, components and documentation. 8. Limited Warranty Cryptzone warrants to you for ninety (90) days from the date of delivery to you of the Software, that the Software shall be in operable condition as described in the accompanying documentation. Cryptzone does not warrant that the Software will function without error or interruption. In the event the Software fails to conform this limited warranty, Cryptzone's sole liability to you shall be the repair or replacement of the non-conforming Software or, as last resort, a refund of the fees paid for the Software. EXCEPT AS WARRANTED ABOVE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED 'AS IS' AND 'AS AVAILABLE', WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND CRYPTZONE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. CRYPTZONE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. 9. LIMITATION OF LIABILITY (a) NEITHER CRYPTZONE NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF CRYPTZONE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. (b) CRYPTZONE'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO CRYPTZONE OR RESELLER, AS THE CASE MAY BE, FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE. (c) THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS EULA. 10. Basis of Bargain The limited warranty and warranty disclaimer, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the agreement between Cryptzone and you. Cryptzone would not be able to provide the Software on an economic basis without such limitations. Such limited warranty and warranty disclaimer, exclusive remedies and limited liability inure to the benefit of Cryptzone's licensors. 11. U.S. Government Restricted Rights Legend This Software and the documentation are provided with 'RESTRICTED RIGHTS' applicable to private and public licenses alike. Without limiting the foregoing, use, duplication, or disclosure by the US Government is subject to restrictions as set forth in this EULA and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (c)(1)(ii)(OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as applicable. Manufacturer: 130 Turneer Street, Suite 610, Waltham MA 02453, Attention: Legal Counsel. 12. General (a) This EULA shall be governed by the internal laws of the State of New York, without giving effect to principles of conflict of laws. In each case this EULA shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods. (b) This EULA contains the complete agreement between you and Cryptzone with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the Software licensed hereunder shall be of no effect. The failure or delay of Cryptzone to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach. (c) No Cryptzone dealer, agent or employee is authorized to make any amendment to this EULA. If any provision of this EULA shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this EULA will remain in full force and effect. (d) All questions concerning this EULA shall be directed to: Cryptzone, Inc., 130 Turner Street, Suite 610, Waltham MA 02453, Attention: Legal Counsel. (e) Cryptzone and other trademarks contained in the Software are trademarks or registered trademarks of Cryptzone, Inc. in the United States and/or other countries. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Software. This EULA does not authorize you to use Cryptzone's or its licensors' names or any of their respective trademarks.