SiteRecorder distribution permissions and end-user license agreement

Lockstep Systems, Inc. SiteRecorder Software End User License Agreement

OVERVIEW: This is a legal Agreement between you, the end user ("Licensee"), and Lockstep Systems, Inc. By exercising your rights to make and use copies of the Software, you demonstrate your agreement to the terms of this License Agreement. If you do not agree to the terms of this License Agreement, you are not authorized to use the Software.

GRANT OF LICENSE: Lockstep Systems grants you a non-exclusive, non-transferable license and right to use the Software and the end-user documentation. Licensee assumes responsibility for the selection of the program to achieve intended results, and for the installation, use, and results obtained from the program. You do not become the owner of, and Lockstep Systems, Inc. retains title to all of the Software and documentation. The Software is licensed, not sold. All rights not specifically granted in this license are expressly reserved by Lockstep Systems, Inc.

If you have downloaded the Software or received it on media as an Evaluation unit, your right to use the Software shall be effective from the date you first install the Software for a period of 30 days. The Evaluation Software is time sensitive and will not function upon expiration of the 30-day period. While you use the Evaluation Software, you agree to the terms of this License Agreement.

When you purchase a SiteRecorder license(s), you receive a License Number which allows you to backup and monitor a predetermined number of Web Sites, where a Web Site is defined as a collection of files located on a single server corresponding to a single, registered domain or URL.

When you purchase one (1) SiteRecorder license, you may:
· Use the Software to backup and monitor one (1) Web Site.
· Install one (1) copy of the SiteRecorder server Software on one (1) computer.
· Install an unlimited number of copies of the SiteRecorder Remote Administrator Software.
· Make one (1) copy of the Software for back-up purposes only.

When you purchase multiple SiteRecorder licenses, you may:
· Use the Software to backup and monitor multiple Web Sites, where the aggregate total of monitored Web Sites does not exceed the total number of SiteRecorder licenses.
· Install multiple copies of the SiteRecorder Server Software, so long as the number of copies installed does not exceed the aggregate total number of SiteRecorder licenses.
· Install an unlimited number of copies of the SiteRecorder Remote Administrator Software.
· Make one (1) copy of the Software for back-up purposes only.

You may not:
· Translate, reprogram, attempt to discover the source code for the Software, modify, disassemble, decompile, reverse-engineer or create derivatives of the Software.
· Rent, lease, transfer, sell or license the Software or any copy.
· Permit third parties to benefit from the use or functionality of the Software via timesharing, service bureau or other arrangement.
· Remove or obscure any copyright or trademark notices.
· Make copies of the Software documentation.
· Use a previous version or copy of the Software after you have received a disk replacement set or an upgraded version as a replacement of the prior version. Any update or upgrade version of the Software may only be used upon destruction of the prior version.
· Transfer any rights granted to you under this License Agreement.

LIMITED WARRANTY AND LIMITATION OF REMEDIES:
Lockstep Systems, Inc. warrants that the media on which the Software is distributed will be free from defects in materials and workmanship under normal use by the original purchaser for sixty (60) days from the date of purchase. Within the sixty (60) day period, Lockstep Systems will replace the defective media without charge. The entire liability of Lockstep Systems and its suppliers and the Licensee`s sole and exclusive remedy shall be limited to replacement of the Software not meeting Lockstep Systems` limited warranty. Lockstep Systems does not warrant that the Software will meet your requirements or that operation of the Software will be uninterrupted or that the Software will be error-free.

EXCEPT AS STATED ABOVE, THE LICENSED PROGRAM IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL LOCKSTEP SYSTEMS BE LIABLE FOR LOSS OF PROFIT, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, INCLUDING BUT NOT LIMITED TO SPECIAL INCIDENTAL CONSEQUENTIAL OR OTHER DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH CASE THIS LIMITATION MAY NOT APPLY TO YOU. IN NO CASE SHALL LOCKSTEP SYSTEMS` LIABILITY FOR DAMAGES EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE OUT OF WHICH SUCH CLAIM AROSE.

COPYRIGHTS: All intellectual property rights in the Software and user documentation are owned by Lockstep Systems, Inc. or its suppliers and are protected by United States intellectual property laws (including patent, trademark, and copyright laws), other applicable intellectual property laws, and international treaty provisions. The Software and documentation are copyrighted 1999-2002 by Lockstep Systems, Inc. The Software has been provided to the Licensee pursuant to the terms of this Agreement.

UNITED STATES GOVERNMENT RESTRICTED RIGHTS:
The Software, Software Copies and Related Materials are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subdivision (c) (1) (ii) of the Rights in Technical Data and Computer Software Clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software - Restricted Rights Clause at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is Lockstep Systems, Inc., PO Box 1906, Scottsdale, AZ 85252-1906 USA. Telephone +1.480.596.9432. Fax +1.480.596.9195.

GENERAL: This License Agreement is effective from the first date you use this Software and will remain in force until terminated. If you have downloaded the Software or received it on diskette(s) as an Evaluation unit, your right to use the Software shall be effective from the date you first install the Software for a period of 30 days. If this product was purchased as an upgrade, you must be the lawful user of the Software subject to the upgrade, and this License Agreement replaces the previously issued License Agreement. You may terminate this License Agreement at any time by destroying the Software and accompanying written material together with all copies. If for any reason your right to use the Software terminates you must remove and destroy all copies of this Software and any documentation provided to you. Upon Lockstep Systems` request, you must provide written certification of such destruction.

Failure to comply with any term of this Agreement terminates your License and may make you liable for legal damages to Lockstep Systems.

This License Agreement may not be modified unless in writing signed by Lockstep Systems.

This Agreement is governed by the laws of the State of Arizona.

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