HiWired Direct | End User License Agreement

End User License Agreement

Effective Date: June 30, 2008

This End User License Agreement (this "Agreement") is a legal agreement between you (either an individual or an entity), HiWired, Inc. ("HiWired"), and its third party licensors regarding the use of HiWired’s PC Check & Connect ("PC3") software or third party software, as the case may be, which may include user documentation provided in "online" or electronic form. BEFORE YOU CHECK "I ACCEPT", CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CHECKING "I ACCEPT", YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT AND YOU AUTHORIZE HIWIRED TECHNICIANS TO ACCEPT THE TERMS AND CONDITIONS OF THIRD PARTY SOFTWARE LICENSE AGREEMENTS EITHER CONTAINED HEREIN OR FROM OTHER THIRD PARTIES ON YOUR BEHALF. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CHECK "I AGREE" AND THE SOFTWARE WILL NOT BE DOWNLOADED TO YOUR COMPUTER.

1. HiWired Software License; Uses and Restrictions

With regard to any software for which your acceptance of a separate license agreement is not required ("HiWired Software") and subject to the terms and conditions of this Agreement, you are hereby granted a revocable, non-exclusive, non-transferable license (this "License") by HiWired to use the HiWired Software (and any corrections, updates and upgrades). You agree that the HiWired Software is the confidential information of HiWired or its Third Party Licensors, providers or suppliers, which you shall not disclose to others or use except as expressly permitted herein. The HiWired Software contains copyrighted material, trade secrets, patents, and proprietary information owned by HiWired or its Third Party Licensors, providers, or suppliers. You may not alter, de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the HiWired Software, or otherwise reduce the HiWired Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, make available over a network where it could be used by multiple computers at the same time, reproduce, sublicense or distribute copies of the HiWired Software, or otherwise transfer the HiWired Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the HiWired Software. You are not granted any title or rights of ownership in the HiWired Software. This License allows you to install and use the HiWired Software. You may not make any copies of the HiWired Software, except that you may make one copy of the HiWired Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. You acknowledge that this license is not a sale of intellectual property and that HiWired or its Third Party Licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the HiWired Software and related documentation, as well as any corrections, updates and upgrades. The HiWired Software may be used in the United States and Canada only, and any export of the HiWired Software is strictly prohibited.

2. Consent to Use of Data

You agree that HiWired may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically by the HiWired Software to facilitate the provision of services, software updates, product support and other services to you (if any) related to the HiWired Software and to verify compliance with the terms of this License. HiWired may use this information in accordance with the terms of its Privacy Policy, as long as it is in a form that does not personally identify you.

3. Termination

This License is effective until terminated. Your rights under this License will terminate automatically without notice from HiWired if you fail to comply with any term(s) of this License. Upon termination of this License, you shall cease all use of the HiWired Software and destroy all copies, full or partial, of the HiWired Software.

4. Disclaimer of Warranty

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE HIWIRED SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HIWIRED SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND HIWIRED AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE HIWIRED 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. HIWIRED DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE HIWIRED SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE HIWIRED SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE HIWIRED SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HIWIRED OR A HIWIRED AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE HIWIRED SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

5. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL HIWIRED OR ITS LICENSORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE HIWIRED SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF HIWIRED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall HiWired’s and/or its licensors total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

6. Government End Users

The HiWired Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States

7. Controlling Law and Severability

This License will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, as applied to agreements entered into and to be performed entirely within Massachusetts between Massachusetts residents. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

8. Complete Agreement; Governing Language

This License constitutes the entire agreement between the parties with respect to the use of the HiWired Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter, with the exception of any additional terms and conditions you are required to accept when registering for HiWired services and for any services you purchase through HiWired. No amendment to or modification of this License will be binding unless in writing and signed by HiWired. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.

9. Third Party Software

As part of the services HiWired provides, HiWired may suggest that you acquire, install and use certain third party software ("Third Party Software"). Third Party Software is licensed to you by the respective owners or licensees of the Third Party Software. You must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software, whether or not HiWired assists you in the acquisition, installation, and/or use of Third Party Software. HiWired has no rights to the Third Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third Party Software. By accepting the Services and downloading the Software, you designate HiWired technicians as your agents, and hereby authorize such technicians, to accept the terms of such Third Party Software end user license agreements on your behalf and you agree to be bound by the terms of such agreements.

A. GRISOFT AVG License Agreement

The AVG AV and AS applications are anti-virus and anti-spyware tools. You may use AVG AV and AS only in compliance with the following terms and conditions:

Providing the License. GRISOFT, s.r.o. (hereinafter “GRISOFT” or the “GRISOFT Company”) GRISOFT Company through this License Agreement grants to you non-exclusive and non-transferable rights thereunder in respect of using a copy of the computer program for a service life thereof, i.e. for a time period throughout which GRISOFT shall maintain and make available an updated version thereof. You may install (download) and use only one copy of the program designated for protection of exclusively one personal computer, notwithstanding as to how many times you download the program and how many times you accept the License Agreement. You must not use the program in a network or on more than one computer. This particular software version is distributed free of charge, therefore, the applicable license is only granted for home use thereof. In case of this free version, the program is not subject to any guarantees, and the user has no right to any technical support whatsoever.

Copyrights. The computer program subject thereto is and continues to be a property of the GRISOFT Company. The computer program is also subject to copyrights, and as such it is subject to a full protection thereof.

Use Restrictions. You must not use the program in any manner somehow jeopardizing or violating the manufacturers' copyrights. Particularly, it is prohibited to make copies thereof (with the exception of making copies to be used as a backup). In addition, you must not reproduce the program, change it, modify it, decompile it, transfer it from a mechanical code, reanalyze it or create any deduced works therefrom by processing. All explicitly non-granted rights are reserved. Any copy of the program you have been permitted to obtain based hereon must contain a complete copyright and other notices provided at the original duplicate. You may not use the software in automatic, semi-automatic or manual tools designed to create virus signatures, virus detection routines, or any other data or code for detecting malicious code or data. Use of the software together with so-called "sigtools" is not permitted

Assignment Restriction. This license is provided personally to you and for that reason it does not allow you to make any duplicate (copy) to be sold, borrowed, assigned, leased or transferred in any manner whatsoever to another person. Any transfer executed in violation of this provision shall be deemed invalid and constitute a reason for termination of your license validity.

Liability Limitation. Neither GRISOFT nor its contractual dealers bear any liability for any damages arisen due to using or inability of using of the aforesaid program although if notified of an option of causing such damages. Liability for any potential damage caused by using or inability of using thereof is given by your approval and controlled by the provisions of the Civil Code of the Czech Republic. In case of any damage for compensation of which GRISOFT or a contractual dealer thereof should be made liable to reimburse as well as in case where a jurisdiction of any applicable country should prohibit, exclude or limit in advance a damage compensation, a contractual penalty in the amount equal to a license fee paid by you for the product is agreed upon based on which a certain damage had arisen, or an amount of USD 1 if such amount should be greater than the license fee remitted by you provided that such contractual penalty already includes a lump sum compensation for the arisen damage.

Liability for Program Updating. For the sake of correct functionality of the program, the manufacturer issues updated versions thereof available on the GRISOFT Company website. Such updated versions improve properties of the program, remove any potential defaults or maintain updated viruses database. The user is liable for functional setting of the process of program updating for the purpose of maintaining the maximum possible extent of reliability thereof.

Decisive Law; Arbitration Clause. This License Agreement is governed by the legislation of the Czech Republic with exclusion of conflicting standards. Any and all disputes arisen therefrom or relating thereto shall finally be settled, excluding competence of general courts, in an arbitration proceeding by the Arbitration Court at the Economic Chamber of the Czech Republic and Agrarian Chamber of the Czech Republic pursuant to the Rules thereof and by three arbiters appointed in accordance therewith. The parties hereto hereby undertake to fulfill any and all duties and obligations imposed thereon by an award and to do so within time limits set forth therein.

Personal Data Handling. In case that data provided during the course of your registration by the GRISOFT Company should be of a personal data nature in sense of Act No. 101/2000 Coll., on Personal Data Protection, as amended, the GRISOFT Company hereby declares that such personal data shall be handled in accordance with the applicable provisions of the aforesaid Act, i.e. within a choice made by you during the course of the registration.

B. Lavasoft AdAware SE Personal Edition - Software License Agreement for Registered Users

License Grant. This License permits you, as purchaser of the Software, to use one copy of the Software solely for your use on one computer per purchased copy of the software, or, for users of Windows® Terminal Server ("WTS"), solely for use by users covered under the WTS License. The enclosed documentation ("Documentation") may not be copied. You agree that you will not sublicense, assign, transfer, distribute, pledge, lease, rent or share your rights under this License except with prior written permission from Lavasoft AB. You agree that you will not modify, adapt or translate, or disassemble, decompile, reverse engineer or otherwise attempt to discover the source code of the Software.

Lavasoft AB's Rights. You acknowledge and agree that the Software and Documentation (the "Licensed Products") are proprietary products of Lavasoft AB under international copyright law and disclosed to you by Lavasoft AB in confidence. You shall take all reasonable steps to safeguard the Licensed Products. Lavasoft AB owns and retains all copyright, trademark, trade secret and other proprietary rights in and to the Licensed Products. This License conveys to you only a non-exclusive and limited right of use, revocable in accordance with the terms and conditions of this License.

Limited Warranty. Lavasoft AB warrants that for your benefit alone, for ninety (90) days from the day of delivery to you (the "Warranty Period") the Software media, under normal use in a compatible execution environment, will be free from defects in material and workmanship. Any replacement program will be warranted for the remainder of the original warranty period or thirty (30) days from the date of receipt by you, whichever is longer. In no event may you bring any claim, action or proceeding arising out of the warranty set forth in this Article 4 more than six (6) months after the date on which the breach of warranty occurred.

Exceptions to Warranties; Disclaimers. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, LAVASOFT AB DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. Lavasoft AB does not warrant that the Software, its use, operation or your ability to use the Software will be uninterrupted or error-free or that all Software errors will be corrected. The warranty set forth above shall not apply to any defect or problems caused by any defect in any hardware or software used in combination with the Software, or use of the Software in execution environments not specified in the Documentation. Lavasoft AB does not warrant that the Software or service will meet your requirements or that the operation of the Software will be uninterrupted or error free. Lavasoft AB’s limited warranty is void if a breach of the warranty has resulted from (i) accident, corruption or misuse of the Software; or (ii) acts or omissions by someone other than Lavasoft AB.

Exclusive Remedies. You agree that if, during the Warranty Period, a defect in the Software media appears, your exclusive remedy will be, in Lavasoft AB's sole option, to replace the media or to credit the amounts paid by you to Lavasoft AB, if any, and terminate this License. The later remedy is subject to the return of all copies of the Licensed Products.

Limitations of Liability. In no event shall Lavasoft AB be liable for any damages to you or any other party whether arising out of contract or from tort including loss of data, profits or business or other special, incidental, exemplary or consequential damages, even if Lavasoft AB has been advised of the possibility of such loss or damages. Lavasoft AB’s cumulative liability shall not exceed the license fee paid, if any, for use of this Software and Documentation. This section shall survive termination of this License.

Termination. This agreement is in effect until terminated. You may terminate the agreement at any time by destroying all copies of the Software and Documentation and erasing any copies on storage media. The agreement also terminates if you fail to comply with any terms and conditions of this agreement. In such event, you agree to destroy and erase all copies of the Software and Documentation, and Lavasoft AB will be entitled to all remedies in accordance with applicable law.

General. This agreement shall be governed by the laws of Sweden

C. ZONE LABS, LLC. END USER LICENSE AGREEMENT for Zone Alarm Virus Protection Tool

GRANT OF LICENSE: Subject to the terms of this Agreement, Zone Labs hereby grants you a perpetual, non-exclusive, non-transferable right to: (i) install the Software, (ii) use the Software for your internal use, and (iii) copy the Software for back-up or archival purposes. Notwithstanding the foregoing, you acknowledge and agree that, depending on the version (free, trial or fully licensed) of Software you select to download, certain restrictions may apply to your use of the Software and certain features of the Software ("Special Features") may be unavailable to you or available subject to certain limitations, as follows:

FREE VERSIONS: You may only download and use a free non-trial version of the Software if you are (i) an individual (and then only for your personal home use) or (ii) a not-for-profit charitable entity as set forth in U.S.C., Title 26, Section 501(c)(3) (excluding government entities and educational institutions). If you select to download a free non-trial version of the Software, you will be unable to access the Special Features of the Software unless you upgrade to a fully licensed version of the Software (provided such option is made available to you), and pay the applicable fees, if any.

TRIAL VERSIONS: If you select to download a free trial version of the Software, you will be able to access the Special Features of the Software only for a limited trial period (the "Trial Period"). Unless you pay the applicable one-time license fee for the Software and install a license key (as described in Section 6 ("License Keys")), the Special Features of the Software will become inoperable and automatically expire at the end of your Trial Period. In the event that you pay the applicable license fee for the Software, your ability to access the Special Features of the Software on the number of computers for which you have paid the applicable license fee will continue perpetually, subject to the terms of this Agreement.

FULLY LICENSED VERSIONS: If you select to download a fully licensed version of the Software and pay the applicable license fee, your ability to access the Special Features of the Software on the number of computers for which you have paid the applicable license fee will continue perpetually, subject to the terms of this Agreement.

SERVICE VERSION: If you are receiving this software as a service then this software shall only operate if the applicable fee is paid in accordance with the applicable providers policy.

VERSIONS INCLUDING ANTI-SPYWARE: If you elect to receive the anti-spyware feature you explicitly request Zone Labs to make a determination for you on the potential effect identified programs may have on your system. You agree that we may automatically delete certain programs and/or provide you the customized ability to delete certain programs. The deletion of these programs may be in violation with other license agreements you have knowingly or unknowingly agreed to. The deletion of these programs and the potential violation of a third party license is your responsibility. Zone Labs has no ability to verify what, if any, third party agreements you may have agreed to.

LICENSE RESTRICTIONS: You acknowledge that the foregoing license extends only to your use of the features and functionality of the Software as described in the online documentation accompanying the version of the Software downloaded by you (the "Documentation"), and you agree not to reconfigure or modify the Software in order to enable features or functionality different than those described in such Documentation or available in other Zone Labs products without notifying Zone Labs and paying the applicable Software upgrade fee. You may not: (i) reverse engineer, decompile, or disassemble the Software; (ii) modify, or create derivative works based upon, the Software in whole or in part; (iii) distribute copies of the Software; (iv) remove any proprietary notices or labels on the Software; or (v) resell, lease, rent, transfer, sublicense, or otherwise transfer rights to the Software. Any use in violation of this Section shall immediately terminate your license to the Software.

THIRD PARTY SOFTWARE: Certain third party software included with the Software is subject to additional terms and conditions imposed by Zone Labs’ third party licensor(s). Such terms and conditions are contained in the "About" pages of the Software and are deemed incorporated herein by reference.

LICENSE KEYS: You acknowledge that the Software contains a license key. If you select to download a trial or fully licensed version of the Software, and pay the applicable license fee for the Software, Zone Labs will provide you an initial license key for installation with the Software which will enable you to (i) use the Software (including Special Features) during the term of your license and (ii) obtain certain subscription-based services ("Subscription Services") for a limited period pursuant to the terms of Section 3 ("Subscription Services"). In the event you subsequently purchase continued Subscription Services pursuant to Section 3 ("Subscription Services"), and at each renewal thereof, Zone Labs will provide you additional license key(s) for installation with the Software to enable you to obtain such Subscription Services for the applicable subscription period. You agree not to purchase any license keys or similar computer code for the Software from any source other than Zone Labs or Zone Labs’ authorized partners.

TITLE: You agree that no title to the intellectual property in the Software, Subscription Services (as defined), or license keys is transferred to you. Title, ownership, rights, and intellectual property rights in and to the Software, Subscription Services, and license keys shall remain in Zone Labs and/or Zone Labs’ licensors. The Software, Subscription Services and license keys are protected by intellectual property laws of the United States and other countries and by international treaties.

WARRANTY: Limited Warranty. Zone Labs warrants to You that the encoding of the Software on the media on which the Software is furnished will be free from defects in material and workmanship, and that the Software shall substantially conform to its user manual, as it exists at the date of delivery, for a period of ninety (90) days from the date You receive the original License Key. Zone Lab’s entire liability and Your exclusive remedy shall be, at Zone Lab's option, either: (i) return of the price paid to Zone Labs for the Software, resulting in the termination of this Agreement, or (ii) repair or replacement of the Software or media that does not meet this limited warranty. Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to You. This warranty gives You specific legal rights. You may have other rights that vary from state to state.

GENERAL: The Software and Subscription Services are provided to you at minimal charge. Zone Labs does not guarantee that use of the Software or Subscription Services will be uninterrupted or error-free. Zone Labs does not guarantee that the information accessed by the Software or Subscription Services will be accurate or complete. You acknowledge that performance of the Software and Subscription Services may be affected by any number of factors, including without limitation, technical failure of the Software, the acts or omissions of third parties and other causes reasonably beyond the control of Zone Labs. Certain features of the Software may not be forward-compatible with future versions of the Software and use of such features with future versions of the Software may require purchase of the applicable future version of the Software.

AS IS SALE: EXCEPT FOR THE LIMITED WARRANTIES SET FORTH IN SECTION 8.1, YOU AGREE THAT ZONE LABS AND ITS LICENSORS HAVE MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING THE SOFTWARE AND SUBSCRIPTION SERVICES AND THAT THE SOFTWARE AND SUBSCRIPTION SERVICES ARE BEING PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ACKNOWLEDGE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND/OR SUBSCRIPTION SERVICES IS WITH YOU. SHOULD THE SOFTWARE AND/OR SUBSCRIPTION SERVICES PROVE DEFECTIVE, YOU (AND NOT ZONE LABS, THE RETAILER, OR ANY DISTRIBUTOR) ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS.

DISCLAIMER: ZONE LABS DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT WITHOUT LIMITATION, (i) THE IMPLIED WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (ii) THAT THE SOFTWARE OR SUBSCRIPTION SERVICES WILL AVERT OR PREVENT ALL OCCURRENCES (OR THE CONSEQUENCES THEREFROM) THAT THE SOFTWARE OR SUBSCRIPTION SERVICES ARE DESIGNED TO DETECT AND/OR PREVENT; OR (iii) THAT ANY INFORMATION ACCESSED BY THE SOFTWARE OR SUBSCRIPTION SERVICES WILL BE ACCURATE OR COMPLETE. THIS WARRANTY DISCLAIMER AFFECTS YOUR LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. Limitation on Liability. EXCEPT FOR BODILY INJURY OF A PERSON, IN NO EVENT WILL ZONE LABS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING OUT OF THE SUBJECT MATTER OF THIS AGREEMENT, THE PRODUCT OR ANY SERVICES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), OR FOR LOSS OF OR CORRUPTION OF DATA, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR TECHNOLOGY, IRRESPECTIVE OF WHETHER ZONE LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ZONE LAB'S MAXIMUM LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE LICENSE FEES RECEIVED BY ZONE LABS UNDER THIS LICENSE FOR THE PARTICULAR PRODUCT(S) WHICH CAUSED THE DAMAGES. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.

TERMINATION: This Agreement shall terminate automatically if you fail to comply with the terms of this Agreement. No notice shall be required from Zone Labs to effect such termination. You may also terminate this Agreement at any time by notifying Zone Labs in writing of termination. Upon any termination of this Agreement, you must uninstall and destroy all copies of the Software.

MISCELLANEOUS:

GOVERNING LAW: This Agreement will be governed by the laws of the State of California as they are applied to agreements between California residents entered into and to be performed entirely within California. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.

RESERVATION OF RIGHTS: All rights not expressly granted in this Agreement are reserved by Zone Labs. ©1998-2006 Zone Labs, LLC. All rights reserved. All trademarks and/or service marks of Zone Labs used in connection with the Software (including but not limited to TRUEVECTOR, ZONEALARM, ZONE LABS and the ZONE LABS logo) are trademarks and registered trademarks of Zone Labs, LLC, a Check Point Software Technologies, Inc. Company, in the United States and other countries. The Software is protected by U.S. Patent No. 5,987,611.

D. ALWIL Software (“ALWIL”)

Avast Virus Cleaner Tool License Agreement. ALWIL grants to you a non-exclusive license to USE the Software and Documentation, subject to the terms and conditions outlined in this Agreement.

Use of the Software. You may: Install the Software in a single location on a single system for your exclusive non-commercial use. For the avoidance of doubt, this is not free software and after the initial trial period you are not entitled to updates to the program or documentation or virus definitions unless you obtain a license to do so (for some software we make not make a charge for this license.) This software remains the exclusive property of ALWIL Software, and ALWIL Software does not transfer to you any rights in this software except as defined in this section.

Copyright and Trade Marks. The Software is the intellectual property of ALWIL Software and is protected by U.S./Czech Republic copyright law, international treaty provisions, and applicable laws of the country in which it is being used. The structure, organization and code of the Software are the valuable trade secrets and confidential information of ALWIL Software. You acknowledge that: this Software and Documentation, as defined within this Agreement is Copyright ©1988-2006 ALWIL Software. All Rights Reserved, unless as otherwise specified in this Agreement. You agree not to modify, adapt, translate, reserve engineer, de-compile, disassemble or otherwise attempt to discover the source of the Software (or any authorized copies) or cause to have the aforementioned done. You further agree not to store this software, except as expressly agreed in this Agreement, on any mass storage device, server or publicly accessible device such that it may be copied by others, nor any private system which may be used for substantially the same end. Registered trademarks are used in accordance with accepted trademark practice, including identification of trademark owner's name, where applicable, and acknowledgement of all such trademarks is hereby given. Trademarks can only be used to identify printed output produced by the Software. The use of any trademark as herein authorized does not give you any rights of ownership in that trademark. Except as stated above, this Agreement does not grant you any rights to the intellectual property rights in this Software.

Transfer. You may not rent, lease, sub-license, or lend, hire or cause the same with respect to the Software or Documentation, by way of trade or otherwise. You may not transfer this Software or Documentation, including the obligations agreed to hereunder, to another person, entity, body corporate or other legally represented entity, now known or in the future discovered.

No Warranty. ALWIL Software does not warrant the operation or performance of this software in any way, and it is provided "as is" as a free benefit to You. The Software (and related Documentation, if any) has been tested in accordance with our in-house release process and found to be effective in its stated purpose, however, You agree that any risk to data or systems in the use of this Software has been forewarned to you in this section 4, and you assume all liabilities for such risk and agree to hold harmless from liability of any kind with respect to the use of this software; you further agree to use this software only as directed, such as: The Software and Documentation are installed correctly and per the default installation process for this software; The software has not been altered in any form; There has been no material breach of this Agreement. ALWIL SOFTWARE AND ITS DISTRIBUTORS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR ALWIL'S OR ITS DISTRIBUTOR'S BREACH OF WARRANTY (FOR THE AVOIDANCE OF DOUBT, THERE IS NO WARRANTY OF ANY KIND WITH THIS FREE SOFTWARE.) ALWIL AND ITS DISTRIBUTORS MAKE NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SUITABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL ALWIL OR ITS DISTRIBUTORS BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ALWIL REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Governing Law and General Provisions This Agreement will be governed by the laws in the force in the country within the European Union, Switzerland or Norway in which you are located at the moment of entering into this Agreement. If you are located outside the European Union, Switzerland or Norway the laws of Czech Republic shall govern this Agreement.