END-USER LICENSE AGREEMENT FOR TECHNOLOGY DYNAMIX, INC. SOFTWARE IMPORTANT - READ CAREFULLY This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Technology Dynamix Incorporated (Technology Dynamix) for the Technology Dynamix software that accompanies this EULA, which includes associated media (if any) and Technology Dynamix products and services ("Software"). An amendment or addendum to this EULA may accompany the Software. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING OR USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE SOFTWARE. *** USE OF THIS SOFTWARE BY MANUFACTURERS OR THEIR AGENTS IS STRICTLY PROHIBITED AND A VIOLATION OF THIS EULA. *** GRANT OF LICENSE Technology Dynamix grants you the following rights provided that you comply with all terms and conditions of this EULA. You may install and use a copy of the Software on any compatible personal computer or other device for PRIVATE or COMMERCIAL use. You must indemnify and defend Technology Dynamix from and against any claims or lawsuits, including attorneys' fees that arise from or result from the licensing, use or distribution of output generated by the Software. Technology Dynamix reserves the right to revoke this license at any time, with or without any prior notification. RESERVATION OF RIGHTS AND OWNERSHIP Technology Dynamix reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. Technology Dynamix or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold. This EULA does not grant you any rights to trademarks or service marks of Technology Dynamix. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. NO RENTAL/COMMERCIAL HOSTING You may not rent, lease, or lend this Software. CONSENT TO USE OF DATA You agree that Technology Dynamix and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. Technology Dynamix may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you. LINKS TO THIRD PARTY SITES Technology Dynamix is not responsible for the contents of any third-party sites or services, any links contained in third-party sites or services, or any changes or updates to third-party sites or services. Technology Dynamix is providing these links and access to third-party sites and services to you only as a convenience, and the inclusion of any link or access does not imply an endorsement by Technology Dynamix of the third-party site or service. ADDITIONAL SOFTWARE/SERVICES This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that Technology Dynamix may provide to you or make available to you after the date you obtain your initial copy of the Software, unless they are accompanied by separate terms. Technology Dynamix reserves the right to discontinue Internet-based services provided to you or made available to you through the use of the Software. SEPARATION OF COMPONENTS The Software is licensed as a single product. Its component parts may not be separated for use on more than one device. TERMINATION Without prejudice to any other rights, Technology Dynamix may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts. WARRANTY Technology Dynamix and its suppliers provide the Software and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TECHNOLOGY DYNAMIX OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF TECHNOLOGY DYNAMIX OR ANY SUPPLIER, AND EVEN IF TECHNOLOGY DYNAMIX OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIMITATION OF LIABILITY AND REMEDIES Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of Technology Dynamix and any of its suppliers under any provision of this EULA and your exclusive remedy hereunder shall be limited to the greater of the actual damages you incur in reasonable reliance on the Software up to the amount actually paid by you for the Software or US$5.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. APPLICABLE LAW This EULA is governed by the laws of the State of California, United States of America. ENTIRE AGREEMENT; SEVERABILITY This EULA (including any addendum or amendment to this EULA which is included with the Software) is the entire agreement between you and Technology Dynamix relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any Technology Dynamix policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.