DEEPNET SECURITY SOFTWARE LICENSE AGREEMENT DEEPNET SECURITY LIMITED AND/OR ITS SUBSIDIARIES ("DEEPNET SECURITY") IS WILLING TO LICENSE THE SOFTWARE TO YOU AS AN INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE UTILIZING THE SOFTWARE (REFERENCED BELOW AS "YOU" OR "YOUR") ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT. READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND THE LICENSOR. BY OPENING THIS PACKAGE, BREAKING THE SEAL, CLICKING THE "AGREE" OR "YES" BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK THE "I DO NOT AGREE" OR "NO" BUTTON OR OTHERWISE INDICATE REFUSAL AND MAKE NO FURTHER USE OF THE SOFTWARE. 1. License: The software and documentation that accompanies this license (collectively the "Software") is the proprietary property of Deepnet Security or its licensors and is protected by copyright law. While Deepnet Security continues to own the Software, You will have certain rights to use the Software after Your acceptance of this license. This license governs any releases, revisions, or enhancements to the Software that the Licensor may furnish to You. Except as may be modified by an applicable Deepnet Security license certificate, license coupon, or license key (each a "License Module") that accompanies, precedes, or follows this license, and as may be further defined in the user documentation accompanying the Software, Your rights and obligations with respect to the use of this Software are as follows. You may: A. use the number of copies of the Software as have been licensed to You by Deepnet Security under a License Module. If the Software is part of a suite containing multiple Software titles, the total number of copies You may use, in any combination of Software titles, may not exceed the total number of copies indicated in the License Module. Your License Module shall constitute proof of Your right to make such copies. If no License Module accompanies, precedes, or follows this license, You may make one copy of the Software You are authorized to use on a single computer; B. make one copy of the Software for archival purposes, or copy the Software onto the hard disk of Your computer and retain the original for archival purposes; C. use the Software on a network, provided that You have a licensed copy of the Software for each computer that can access the Software over that network; D. use the Software in accordance with any written agreement between You and Deepnet Security; and E. after written consent from Deepnet Security, transfer the Software on a permanent basis to another person or entity, provided that You retain no copies of the Software and the transferee agrees in writing to the terms of this license. You may not: A. copy the printed documentation that accompanies the Software; B. sublicense, rent, or lease any portion of the Software; reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software; C. use the Software as part of a facility management, timesharing, service provider, or service bureau arrangement; D. use a previous version or copy of the Software after You have received and installed a disk replacement set or an upgraded version. Upon upgrading the Software, all copies of the prior version must be destroyed; E. use a later version of the Software than is provided herewith unless You have purchased corresponding maintenance and/or upgrade insurance or have otherwise separately acquired the right to use such later version; F. use, if You received the software distributed on media containing multiple Deepnet Security products, any Deepnet Security software on the media for which You have not received permission in a License Module; nor G. use the Software in any manner not authorized by this license. 2. Content Updates: Certain Software utilize content that is updated from time to time (including but not limited to the following Software: All Deepnet Security product's, these updates are collectively referred to as "Content Updates"). You shall have the right to obtain Content Updates for any period for which You have purchased maintenance, except for those Content Updates that Deepnet Security elects to make available by separate paid subscription, or for any period for which You have otherwise separately acquired the right to obtain Content Updates. Deepnet Security reserves the right to designate specified Content Updates as requiring purchase of a separate subscription at any time and without notice to You; provided, however, that if You purchase maintenance hereunder that includes particular Content Updates on the date of purchase, You will not have to pay an additional fee to continue receiving such Content Updates through the term of such maintenance even if Deepnet Security designates such Content Updates as requiring separate purchase. This License does not otherwise permit the licensee to obtain and use Content Updates. 3. Limited Warranty: Deepnet Security warrants that the media on which the Software is distributed will be free from defects for a period of thirty (30) days from the date of delivery of the Software to You. Your sole remedy in the event of a breach of this warranty will be that Deepnet Security will, at its option, replace any defective media returned to Deepnet Security within the warranty period or refund the money You paid for the Software. Deepnet Security does not warrant that the Software will meet Your requirements or that operation of the Software will be uninterrupted or that the Software will be error-free. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY. 4. Disclaimer of Damages: SOME STATES AND COUNTRIES, INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL DEEPNET SECURITY BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF DEEPNET SECURITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL DEEPNET SECURITY'S LIABILITY EXCEED THE PURCHASE PRICE FOR THE SOFTWARE. The disclaimers and limitations set forth above will apply regardless of whether or not You accept the Software. 5. U.S. Government Restricted Rights: RESTRICTED RIGHTS LEGEND. All Deepnet Security products and documentation are commercial in nature. The software and software documentation are "Commercial Items," as that term is defined in 48 C.F.R. section 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are defined in 48 C.F.R. section 252.227-7014(a)(5) and 48 C.F.R. section 252.227-7014(a)(1), and used in 48 C.F.R. section 12.212 and 48 C.F.R. section 227.7202, as applicable. Consistent with 48 C.F.R. section 12.212, 48 C.F.R. section 252.227-7015, 48 C.F.R. section 227.7202 through 227.7202-4, 48 C.F.R. section 52.227-14, and other relevant sections of the Code of Federal Regulations, as applicable, Deepnet Security's computer software and computer software documentation are licensed to United States Government end users with only those rights as granted to all other end users, according to the terms and conditions contained in this license agreement. Manufacturer is Deepnet Security Ltd, Northway House, 1379 High Road, London N20 9LP, United Kingdom. 6. Export Regulation: Certain Deepnet Security products are subject to export controls by the U.S. Department of Commerce (DOC), under the Export Administration Regulations (EAR) (see www.bxa.doc.gov). Violation of U.S. law is strictly prohibited. Licensee agrees to comply with the requirements of the EAR and all applicable international, national, state, regional and local laws, and regulations, including any applicable import and use restrictions. Deepnet Security products are currently prohibited for export or re-export to Cuba, North Korea, Iran, Iraq, Libya, Syria and Sudan or to any country subject to applicable trade sanctions. Licensee agrees not to export, or re-export, directly or indirectly, any product to any country outlined in the EAR, nor to any person or entity on the DOC Denied Persons, Entities and Unverified Lists, the U.S. Department of State's Debarred List, or on the U.S. Department of Treasury's lists of Specially Designated Nationals, Specially Designated Narcotics Traffickers, or Specially Designated Terrorists. Furthermore, Licensee agrees not to export, or re- export, Deepnet Security products to any military entity not approved under the EAR, or to any other entity for any military purpose, nor will it sell any Deepnet Security product for use in connection with chemical, biological, or nuclear weapons or missiles capable of delivering such weapons. 7. General: On Deepnet Security's request, not more than once annually ( unless Deepnet Security has reasonable grounds to believe that End User is not in compliance with this agreement ), End User shall furnish Deepnet Security with signed verification that the software is being used in accordance with the provisions, of this agreement, and at Deepnet Security's expense, Deepnet Security may conduct an audit of End User's use of the software. Any such audit shall be conducted during regular business hours at End User's facility and shall not unreasonably interfere with End User's business activities. If an audit reveals that End User has underpaid fees for any Deepnet Security products (or services) in addition to other remedies provided herein, End User shall be invoiced for license fees paid, then End User shall also pay Deepnet Security reasonable costs of conducting the audit and shall owe interest on the deficiency at an annual rate equal to the lesser of (i) twenty percent (20%) or (ii) the maximum interest rate allowed under English Law. If You are located in North America or Latin America, this Agreement will be governed by the laws of the State of Massachutes, United States of America. Otherwise, this Agreement will be governed by the laws of England and Wales. This Agreement and any related License Module is the entire agreement between You and Deepnet Security relating to the Software and: (i) supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter; and (ii) prevails over any conflicting or additional terms of any quote, order, acknowledgment, or similar communications between the parties. This Agreement shall terminate upon Your breach of any term contained herein and You shall cease use of and destroy all copies of the Software. The disclaimers of warranties and damages and limitations on liability shall survive termination. This Agreement may only be modified by a License Module that accompanies this license or by a written document that has been signed by both You and Deepnet Security. Should You have any questions concerning this Agreement, or if You desire to contact Deepnet Security for any reason, please write to: Deepnet Security Customer Service Northway House 1379 High Road London N20 9LP United Kingdom. 8.Term & Termination: This agreement is effective until terminated. This agreement and the user's right to use the product automatically terminates if the user fails to comply with any material provision of this agreement. Upon termination the user must all use of the product and remove all copies of the product from the user's computers and storage equipment. In no circumstances does any such termination result in a refund of the licenses fee the user paid for the product.