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SOFTWARE LICENSE AGREEMENT

NOTE TO SUBSCRIBER: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT BEFORE INSTALLING OR USING THE SOFTWARE
1. INSTALLING AND USING THE SOFTWARE ACCOMPANYING THIS LICENSE INDICATES THE ACCEPTANCE BY YOU AND/OR YOUR COMPANY (COLLECTIVELY THE "USER") OF THESE TERMS AND CONDITIONS. READ ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT PRIOR TO INSTALLING OR USING THE SOFTWARE. IF THE USER DOES NOT ACCEPT THESE TERMS, DO NOT USE THE SOFTWARE. PLEASE NOTE THAT THE USER MAY NOT USE, COPY, MODIFY OR TRANSFER THE PROGRAM OR DOCUMENTATION OR ANY COPY, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT.

2. LICENSE: This software program (the "Program") and the accompanying on-line read-me and help files (the "Documentation") are licensed, not sold, to the User by Ricofish Ltd. ("Ricofish") or its authorized Distributor. The term "Program" shall also include any updates of the Program licensed to the User by Ricofish or its authorized Distributor. Subject to the terms of this agreement, the User has a non-exclusive and nontransferable right to use the Program and Documentation for the sole purpose of accessing Ricofish's data protection services ("Services") and not for resale or rental or the like. The User may use this Program only on the single computer upon which it is installed initially, and which is located in United Kingdom and its territories or any other country to which this Program is legally exported. The User agrees to use your best efforts to prevent and protect the contents of the Program and Documentation from unauthorized disclosure or use. Ricofish and its licensors reserve all rights not expressly granted to the User. Ricofish's licensors are the intended third party beneficiaries of this agreement and have the express right to rely upon and directly enforce the terms set forth herein.

3. LIMITATION ON USE: User may not modify, network, rent, lend, loan, lease, sell or otherwise transfer or distribute the Program or Documentation, or copies of either to others. User may not modify, translate or create derivative works based upon the Program or the Documentation in whole or in part. User may not reverse assemble, reverse compile or otherwise attempt to derive the source code from the Program. User may not release the results of any performance or functional evaluation of any Program to any third party without prior written approval of Ricofish for each such release. User may electronically transmit the Program from one computer to another or over a network however it will remain the responsibility of the receiving person to individually accept the terms of this Software Licensing Agreement.

4. BACKUP AND TRANSFER: User may make up to three (3) copies of the Program, solely for backup purposes, so long as User includes Ricofish's copyright notice and any proprietary legends. User may not sublicense, assign, delegate, rent, lease, time-share or otherwise transfer this license or any of the related rights or obligations for any reason. Any attempt to make any such sublicense, assignment, delegation or other transfer by the User shall be void.

5. COPYRIGHT: The Program and related Documentation are copyrighted by Ricofish and/or its licensors. User may not copy the Program or Documentation except to load the Program into a computer as part of executing the Program, or to provide the single backup copy permitted by this license. User may make one copy of the Documentation and print one copy of any on-line documentation or other materials provided to User in electronic form. Any and all other copies of the Program and Documentation made by User are in violation of this license.

6. OWNERSHIP: Ricofish and/or its licensors retain all right, title and interest in and to the Documentation and all copies and the Program at all times, regardless of the form or media in or on which the original or other copies may subsequently exist. This license is not a sale of the original or any subsequent copy. User owns only the medium on which the Program is recorded.

7. TERM AND TERMINATION: This license is effective until terminated. User may terminate this license at any time by destroying all copies of the Program and Documentation. This license automatically terminates if the User fails to comply with its terms and conditions. User agrees that, upon such termination, User will destroy (or permanently erase) all copies of the Program and Documentation.

8. DISCLAIMER OF WARRANTY: Ricofish AND ITS LICENSORS AND AUTHORIZED DISTRIBUTORS PROVIDE THE PROGRAM AND THE DOCUMENTATION TO USER "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT, OR FITNESS FOR A PARTICULAR PURPOSE. Ricofish does not warrant that the Program is error-free, nor that its operation will be uninterrupted, nor that any or all defects will be corrected. Should the Program prove defective, User and not Ricofish, or its authorized distributor and its licensors, assumes the entire cost of any service and repair. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Ricofish OR A Ricofish AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

9. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to User.

10. LIMITATION OF REMEDIES: IN NO EVENT WILL Ricofish OR ITS DISTRIBUTORS OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT DAMAGES OR OTHER RELIEF ARISING OUT OF USER USE OR INABILITY TO USE THE PROGRAM INCLUDING, BY WAY OF ILLUSTRATION AND NOT LIMITATION, LOST DATA, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF SUCH USE OR INABILITY TO USE THE PROGRAM, EVEN IF Ricofish, ITS LICENSORS OR AN AUTHORIZED Ricofish DEALER, DISTRIBUTOR OR SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM AGAINST OR THROUGH USER BY ANY OTHER PARTY.

11. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to the User. In no event shall Ricofish's or its licensors' or distributor's total liability to User for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by your company for the Program.

12. This license will be governed by English Law. If for any reason a court of competent jurisdiction finds any provision of this License or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.

13. EXPORT CONTROLS: The Program and the underlying information and technology may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the United Kingdom has embargoed goods; or (ii) to anyone on the British Government's list of Restricted Exports; or in any other situation prohibited by English law or regulation. In addition, due to the fact that it contains some encryption technology, it may violate the law of certain jurisdictions to either import, download or use the Programs. By downloading or using the Program, the User is agreeing to the foregoing and User represents and warrants that User is not located in, under the control of, or a national or resident of any such country or on any such list.

14. Complete Agreement: This License constitutes the entire agreement between the parties with respect to the use of the Program and the related Documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of Ricofish.


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