AKOND / www.akond.net END-USER LICENSE AGREEMENT This End-User License Agreement ("EULA") is a legal agreement between you, either an individual or a single entity, and KERNEL247EE OU. By installing, copying, or otherwise using the above software product, including computer software, associated media, any printed materials, and any "online" or electronic documentation (the "Software"), you agree to be bound by the terms of this EULA. CLICKING "ACCEPT" OR INSTALLING OR USING THE SOFTWARE INDICATES YOUR CONSENT TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you do not agree to the terms of this EULA, you may not install, copy or use the software. 1. GRANT OF LICENSE The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. Any rights not explicitly granted under this EULA are hereby reserved. The EULA grants you the following personal, non-exclusive, non-transferable rights: (a) You may use the Software on any single computer; use the Software on a network, provided that each person accessing the Software through the network must have a copy licensed to that person; use the Software on a second computer so long as only one copy is used at a time; or copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices. (b) You may not decompile, disassemble, extract or otherwise reverse engineer any of the Software, except and only to the extent that such activity is expressly permitted by applicable law, notwithstanding this limitation. You shall not have the right to obtain or use any source code for the Software, nor copy, reproduce, or distribute the Software except as provided above. You agree not to rent or lease the Software. 2. TERMINATION The license will terminate automatically if Customer fails to comply with the limitations described herein. On termination, Customer must destroy all copies of the Software, including documentation. Otherwise, this EULA shall remain in force until terminated. Customer may terminate this EULA at any time by destroying all copies of the Software and providing notice thereof to KERNEL247EE OU. 3. UPGRADES If the Software is designated as an "Upgrade" product, then you may only use the Software if you are also currently a licensed user of the base product to which the Upgrade applies. Unless documentation for an Upgrade specifically provides, you may not separate upgrade products from base products, nor transfer them separately. KERNEL247EE OU reserves the sole and exclusive right to set its policies and prices regarding updates, upgrades and enhancements. All other terms of this EULA apply with equal force to Upgrades. 4. DISCLAIMER OF WARRANTY (a) THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KERNEL247EE OU AND IT'S SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. KERNEL247EE OU DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. (b) NEITHER KERNEL247EE OU NOR ANY OF ITS SUPPLIERS SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION OR DELAY, LOSS OR INABILITY TO USE DATA), EVEN IF KERNEL247EE OU OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (c) KERNEL247EE OU'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIM YOU MAY HAVE AGAINST KERNEL247EE OU shall NOT EXCEED THE PRICE PAID FOR THE SOFTWARE. (d) SOME STATES DO NOT ALLOW CERTAIN WARRANTY LIMITATIONS, SO THE RESTRICTIONS OF THIS SECTION 6 WILL APPLY ONLY TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.