SJ Labs End-User License IMPORTANT: READ THIS AGREEMENT CAREFULLY. BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL, COPY OR OTHERWISE USE THE SOFTWARE. This license agreement ("License") is a legal agreement between you and SJ Labs, Inc. ("SJ Labs") granting you certain rights to access and use software owned by SJ Labs and/or downloaded from the SJLabs website, together with any permitted copies of, and any permitted modifications, enhancements, or corrections to such software (collectively, the "Software") and any electronic user manuals and on-line help function for the Software, as SJ Labs may update them from time to time ("Documentation"). YOU HEREBY AGREE, BOTH ON YOUR OWN BEHALF AND AS AN AUTHORIZED REPRESENTATIVE OF ANY ORGANIZATION FOR WHICH YOU ARE USING THE SOFTWARE ("EMPLOYER"), THAT YOU AND YOUR EMPLOYER WILL USE THE SOFTWARE ONLY IN ACCORDANCE WITH FOLLOWING TERMS AND CONDITIONS: 1. License Grant. SJ Labs grants to you, and you accept, a personal, nonexclusive, nontransferable license to access and use the Software and to access and use the Documentation. If the SJ Labs website indicates that the item of Software you are downloading includes access to the Software in source code form, this License authorizes the access and use of the Software in either source or object code form. Otherwise, this License authorizes the access and use of the Software only in object code form. The Software may be used only on a single computer controlled by you. Neither concurrent use on two or more computers, nor use on a local-area or other network, nor use for any commercial purpose, is permitted without separate authorization and the payment of license fees. (For information concerning commercial licensing of the Software, please contact SJ Labs at E-mail information@sjlabs.com). You may make one copy of the Software and the Documentation for backup purposes, so long as you do not omit or alter any copyright, trademark or other proprietary notices. This License is effective until terminated as provided herein. You may terminate this License by destroying the Software, the Documentation, and any copies of the Software or the Documentation in your possession. This License will terminate automatically upon any violation of the terms and conditions of this License. You acknowledge that this License does not entitle you to any support, maintenance or upgrade from SJ Labs 2. License Restrictions. You may not do any of the following yourself, or through any other person: A) Copy, modify or create derivative works based upon the Software or Documentation; B) Decompile, disassemble, or reverse engineer the Software in whole or in part (except that if the website indicates that the item of Software you are downloading includes access to the Software in source code form, such access is not prohibited by the foregoing); C) Defeat, disable or circumvent any protection mechanism related to the Software or Documentation, including without limitation any code which necessitates or solicits agreement to a License before use of the Software; D) Sell, license, sublicense, lease, rent, distribute, disclose, permit access to, or transfer to any third party, whether for profit or without charge, any portion of the Software or the Documentation, or, in particular, without limiting the generality of the foregoing, distribute the Software over networks, electronic bulletin boards, or websites, or allow any party to use the Software; E) Publish, disseminate or otherwise communicate any review of or information about Software performance to any third party without the prior written consent of SJ Labs; or F) Export, use or download the Software in violation of any laws or regulations, including U.S. Department of Commerce Export Administration regulations and other applicable laws. 3. Title and Ownership. Except for the rights expressly granted above, this License transfers to you no right, title, or interest in the Software, the Documentation, or any copyright, patent, trademark, trade secret or other intellectual property or proprietary right in the Software or the Documentation. SJ Labs retains sole and exclusive title to all portions of the Software, Documentation and any copies thereof, and you hereby assign to SJ Labs all right, title, and interest in and to any modifications you make to the Software or Documentation, whether or not such modifications are permitted. You agree not to disclose the Software or the Documentation to anyone. The Software and the Documentation contain valuable proprietary information the unauthorized use or disclosure of which would irreparably harm SJ Labs. Upon learning of any unauthorized possession or use of or access to the Software, you will notify SJ Labs immediately, will promptly furnish details of such occurrence, will assist in preventing any recurrence thereof, and will cooperate fully in any litigation or other proceedings undertaken to protect the rights of SJ Labs. Use of certain of the Software may require you to pay license or other fees to third parties. You are responsible for payment of all such third party fees. SJ Labs is not responsible for payment of any such third party license fees. 4. Miscellaneous Terms. This License shall be governed by the laws of the United States and the State of OHIO, without regard to conflicts of law principles. You irrevocably submit to the jurisdiction of any state or federal court sitting in Cuyahoga County, OH and any action or proceeding arising out of this License will be heard and determined in such court. If any provision of this License is held to be unenforceable, this License shall be construed so as to give the fullest possible effect to its terms consistent with applicable law. The failure of SJ Labs to exercise any of its rights shall not operate as a waiver of its right to exercise such right or any other right in the future. This License constitutes the entire agreement between you and SJ Labs with respect to the Software, and may not be modified or assigned except in a writing signed by you and SJ Labs. BE ADVISED THAT IN ORDER TO PROVIDE YOU WITH THE BEST QUALITY PRODUCTS THE SOFTWARE WILL SEND US SOME TECHNICAL DATA ABOUT THE DEVICE IT IS INSTALLED ON. THIS DATA WILL BE USED FOR RESEARCH AND DEVELOPMENT PURPOSES ONLY. BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL, COPY OR OTHERWISE USE THE SOFTWARE. 5. Limited Support. During the sixty (60) day period following the Effective Date, SJ Labs will furnish web/email support for the Software to you on an "as available" basis. 6. DISCLAIMER OF WARRANTY/LIMITATION OF REMEDIES. SJ Labs has no obligation to support the Software or Documentation it is providing under this Agreement, except as provided in Section 5 hereof. To the extent permitted under applicable law, SJ Labs is licensing the Software and Documentation to you "AS IS", WITH NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTIES AGAINST INFRINGEMENT OF ANY PROPRIETARY RIGHTS OF A THIRD PARTY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL SJ Labs BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, OR ANY OTHER RELIEF WHATSOEVER, OR FOR ANY CLAIM BY ANY THIRD PARTY, ARISING FROM USE BY YOU OR OTHERS OF THE SOFTWARE OR DOCUMENTATION, EVEN IF SJ Labs SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. Some States and other jurisdictions do not allow for the exclusion or limitation of implied warranties so the above exclusions or limitations may not apply to you. This warranty gives you specific legal rights and you may also have other rights, which vary from jurisdiction to jurisdiction. (C) SJ Labs, Inc., 1999-2005