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StillSecure® End User License Agreement (Beta or Lite Products)

NOTICE TO ALL USERS: PLEASE READ THE FOLLOWING LEGAL AGREEMENT ("AGREEMENT") CAREFULLY, FOR THE LICENSE OF THE STILLSECURE SOFTWARE ("SOFTWARE") PRODUCED BY LATIS NETWORKS, INC. ("STILLSECURE" or "LATIS"). BY INSTALLING THE SOFTWARE OR CLICKING THE ACCEPT BUTTON, YOU AND YOUR COMPANY ("YOU" or "LICENSEE") CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU ARE AN EMPLOYEE OR AGENT OF A COMPANY AND YOU ARE LOADING THE SOFTWARE FOR USE BY SUCH COMPANY AND ITS EMPLOYEES, YOU HEREBY ACKNOWLEDGE THAT YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF SUCH COMPANY, THAT YOU HAVE THE AUTHORITY TO BIND SUCH COMPANY TO THIS AGREEMENT AND THAT SUCH COMPANY WILL BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE BUTTON THAT INDICATES THAT YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT AND/OR DO NOT INSTALL THE SOFTWARE.

1. License Grant. Subject to the terms and conditions of this Agreement, StillSecure hereby grants to you a non-exclusive, non-transferable right to use one copy of the specified version of the Software and the accompanying documentation (the "Documentation") for internal purposes only and up to the usage level or time period identified on the download page for the Software. You may install one copy of the Software on one server or computer device for which the Software was designed (each, a "Computer").

a. Use. The Software is licensed as a single product; it may not be used on more than one Computer. This license authorizes you to make one copy of the Software solely for backup or archival purposes, provided that the copy you make contains all of the Software's proprietary notices unaltered and unobstructed.

2. Term, Renewal, Cancellation and Termination Charges.

a. Term and Termination. This Agreement is effective unless and until terminated as set forth in this Agreement. StillSecure has the right to terminate this Agreement, effective immediately and automatically, if you breach any provision of this Agreement and do not cure such breach within 5 days after receiving written notice thereof from StillSecure. Upon any termination or expiration of this Agreement, you must cease use of the Software and destroy all copies of the Software and the Documentation. You expressly agree that any actual or threatened use of the Software after the termination of this Agreement will cause StillSecure to suffer irreparable harm for which there is no adequate remedy at law, entitling StillSecure to injunctive relief in addition to all other available legal remedies, and you agree to waive any bond requirement in the event such injunctive relief is granted against you. StillSecure reserves the right to disable the Software post termination subject to Section 2.b.

b. StillSecure Electronic Self Help. StillSecure reserves the right to disable the Software by terminating the authorization key upon written notice (the "Self Help Notice") if this Agreement has been terminated by StillSecure or cancelled by you. Prior to StillSecure resorting to disabling the Software, StillSecure will give you the Self Help Notice to the person and email identified at the time of download, the nature of the claimed action that entitles StillSecure to use electronic self help and the name and contact information provided of the person you may contact at StillSecure concerning the notice of electronic self help. StillSecure will provide the Self Help Notice to contact information provided to StillSecure at the time the Software is downloaded.

3. No Support or Updates. StillSecure shall not be obligated to provide you with any support for the Software, or with any revisions or updates of the Software. No telephone or online support will be provided, but you may access our Website for common support issues.

4. Ownership Rights. United States copyright laws and international treaty provisions protect the Software. StillSecure and its suppliers own and retain all right, title and interest in and to the Software, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. Your possession, installation, or use of the Software does not transfer to you any title to the intellectual property in the Software, and you will not acquire any rights to the Software except as expressly set forth in this Agreement. StillSecure reserves the right to disclose you as a user of our product; StillSecure will obtain your approval before disclosing any additional information regarding your organization's use of StillSecure products in marketing or promotional materials. All copies of the Software and Documentation made hereunder must contain the same proprietary notices that appear on and in the Software and Documentation.

5. Restrictions and Obligations. You may not sell, lease, license, rent, loan or otherwise transfer, with or without consideration, the Software. You agree not to permit any third party to use the Software in any form and shall use all reasonable efforts to ensure that no improper or unauthorized use of the Software is made. You may not permit third parties to benefit from the use or functionality of the Software via a timesharing, service bureau or other arrangement. You may not transfer any of the rights granted to you under this Agreement. You may not reverse engineer, decompile, or disassemble the Software, except to the extent the foregoing restriction is expressly prohibited by applicable law. You may not modify or create derivative works based upon, the Software in whole or in part. You may not copy the Software or Documentation except as expressly permitted in Section 1 above. You may not remove any proprietary notices or labels on the Software. All rights not expressly set forth hereunder are reserved by StillSecure and/or its third party licensees. Your use of the Software is further subject to certain third party licenses, which can be found at www.stillsecure.com/opensource. For the software distributed under any third party license (referred to as "Open Source Software"), your use of the Open Source Software will be governed by the applicable third party license. To the extent the terms of the license applicable to Open Source Software prohibit any of the restrictions in this Agreement with respect to the specific Open Source Software, such restrictions will not apply to such Open Source Software component. You agree to promptly notify StillSecure if you discover or become aware of any security holes and/or other vulnerabilities in the Software by sending an email providing reasonably detailed information to support@stillsecure.com. You agree to keep any such information strictly confidential, and not disclose it to anyone without StillSecure' express written permission. You acknowledge and agree that the disclosure of any such holes or vulnerabilities might subject StillSecure to significant liabilities, for which you may be responsible.

6. Warranty Disclaimer.

THE SOFTWARE IS PROVIDED "AS IS" AND YOU EXPRESSLY ACKNOWLEDGE THAT NO WARRANTIES OF ANY KIND ARE MADE WITH RESPECT TO YOUR USE OF THE SOFTWARE. YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION ANY LOSS OF FUNCTIONALITY OR DATA. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STILLSECURE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING DOCUMENTATION. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISION, STILLSECURE MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. STILLSECURE ALSO EXPRESSLY DISCLAIMS ANY WARRANTIES REGARDING ITS TITLE IN THE SOFTWARE OR ITS LICENSED COMPONENTS, AND YOU AGREE NOT TO SEEK INDEMNIFICATION FROM STILLSECURE FOR ANY ALLEGED INSTANCES OF INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER RIGHTS. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. The foregoing provision shall be enforceable to the maximum extent permitted by applicable law.

7. Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL STILLSECURE OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA LOST PROFITS, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. IN NO EVENT WILL STILLSECURE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT ACTUALLY PAID BY YOU TO STILLSECURE FOR A LICENSE TO THE SOFTWARE, EVEN IF STILLSECURE SHALL HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTIAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. The foregoing provision shall be enforceable to the maximum extent permitted by applicable law.

8. United States Government. The Software and accompanying Documentation are deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Software and accompanying Documentation by the United States Government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement.

9. Export Controls. You shall not acquire, ship, transport, export or re-export the Software, directly or indirectly, into any country in violation of any applicable law (including, but not limited to, the United States Export Administration Act and the regulations promulgated there under) nor will Licensee use the Software for any purpose prohibited by such laws.

10. High Risk Activities. The Software is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of the Software could lead directly to death, personal injury, or severe physical or property damage (collectively, "High Risk Activities"). StillSecure expressly disclaims any express or implied warranty of fitness for High Risk Activities.

11. Software Operation Disclaimer. You acknowledge and agree that the function of the Software provided by StillSecure hereunder is to identify and repair or stop network security vulnerabilities or attacks. As such the Software contains code that is potentially harmful to network devices and the operation of the Software may cause network devices to malfunction or cease to operate. Notwithstanding anything to the contrary in this Agreement, StillSecure will not be liable for any damages (direct or consequential) arising from device downtime or malfunction caused by the operation of the Software, including any network downtime resulting from the malfunction of a device affected by the Software.

12. Miscellaneous. This Agreement is governed by the laws of the United States and the State of Colorado, without reference to conflict of laws principles. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This Agreement sets forth all rights for your use of the Software and is the entire agreement between the parties. StillSecure reserves the right to periodically audit you to ensure that you are not using any Software in violation of this Agreement. During your standard business hours and upon prior written notice, StillSecure may visit you and you will make available to StillSecure or its representatives any records pertaining to the Software to StillSecure. The cost of any required audit will be solely borne by StillSecure, unless you are using the Software in an unauthorized manner, in which case you shall pay the cost of the audit. This Agreement supersedes any other communications with respect to the Software and Documentation. This Agreement constitute the complete, final and exclusive embodiment of the entire agreement between the Parties with regard to the subject matter hereof. This Agreement is entered into without reliance on any promise or representation, written or oral, other than those expressly contained herein. This Agreement may not be modified except by a written addendum issued by a duly authorized representative of StillSecure. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by StillSecure or a duly authorized representative of StillSecure. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. You may not assign or transfer by operation of law or otherwise, any rights under this Agreement. (including licenses with respect to the Software) or delegate any of your duties under this Agreement to any third party without StillSecure's prior written consent. Any attempted assignment or transfer in violation of the foregoing will be void. StillSecure may assign or transfer, by operation of law or otherwise, any of its rights under this Agreement or delegate any of its duties under this Agreement to any third party.

13. STILLSECURE CUSTOMER CONTACT. If you have any questions concerning these terms and conditions, or if you would like to contact StillSecure for any other reason, please call (303) 381-3800, fax (303)381-3880, or write: StillSecure Networks, Inc., 100 Superior Plaza Way, Ste 200 Superior, CO 80027.



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