END USER LICENSE AGREEMENT IMPORTANT-READ CAREFULLY: Please read this End User License Agreement (“EULA”) carefully and be sure that you understand it. This EULA is a legal agreement between you (either an individual or a single entity) and StealthMail Ltd. You must review and either accept or reject the terms of this EULA before installing or using the software that accompanies this EULA (the “Software”). LICENSE AGREEMENT StealthMail services StealthMail Ltd. (“StealthMail”) is willing to license the StealthMail services defined below, related documentation, and any other material or information relating to such software provided by StealthMail to you (personally and/or on behalf of your employer, as applicable) (“Licensee”) ONLY IF YOU ACCEPT ALL OF THE TERMS IN THIS LICENSE AGREEMENT (“License”). StealthMail is not willing to make the StealthMail services available under any other terms or subject to any other conditions. BEFORE YOU CHOOSE THE “AGREE” BUTTON AT THE BOTTOM OF THIS WINDOW, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS LICENSE. BY CHOOSING THE “AGREE” BUTTON YOU ARE (1) REPRESENTING THAT YOU ARE OVER THE AGE OF 18 AND HAVE THE CAPACITY AND AUTHORITY TO BIND YOURSELF AND YOUR EMPLOYER, AS APPLICABLE, TO THE TERMS OF THIS LICENSE AND (2) CONSENTING ON BEHALF OF YOURSELF AND/OR AS AN AUTHORIZED REPRESENTATIVE OF YOUR EMPLOYER, AS APPLICABLE, TO BE BOUND BY THIS LICENSE. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE, OR DO NOT REPRESENT THE FOREGOING, CHOOSE THE “DECLINE” BUTTON, IN WHICH CASE YOU WILL NOT AND MAY NOT RECEIVE, INSTALL OR USE THE StealthMail services. Any use of the StealthMail services other than pursuant to the terms of this License is a violation of U.S. and international copyright laws and conventions. Should you have any questions regarding this License, or should you wish to reject this license and obtain a refund of the purchase price (if applicable), you must write to us using this site. 1. DEFINITIONS “Software” - StealthMail’s StealthMail services and any and all other StealthMail applications and tools and related documentation that StealthMail may provide to Licensee in conjunction with the StealthMail services. 2. GRANT OF LICENSE Subject to the terms and conditions of this License, StealthMail hereby grants to Licensee a limited, personal, non-exclusive, non-sublicensable, non-transferable license to install on magnetic or optical media and use ONE (1) copy of the Software. The license granted to Licensee is expressly made subject to the following limitations: Licensee may not itself (and shall not permit any third party to): (i) copy, other than as expressly permitted, all or any portion of the Software, except that Licensee may make one copy of the Software for archival purposes for use by Licensee only in the event the Software shall become inoperative; (ii) modify or translate the Software; (iii) modify, alter, or use the software so as to enable more extensions than are authorized in the relevant software purchase agreement; (iv) reverse engineer, decompile or disassemble the Software, in whole or in part, (v) use the Software to directly or indirectly provide a time-sharing or subscription service to any third party or to function as a service bureau or application service provider; (vi) create derivative works based on the Software, except in accordance with clause (ii) of this paragraph; (vii) publicly display the Software; (viii) rent, lease, sublicense, sell, market, distribute, assign, transfer, or otherwise permit access to the Software to any third party; (ix) install and use the Software unless Licensee has installed on such magnetic or optical medium a valid, licensed copy of an operating system compatible with said Software,(x) respect the simultaneous number of calls limit applicable to the particular version of StealthMail service; or (xi) exercise any right to the Software not expressly granted in this License. The Software includes software applications and tools licensed to StealthMail by third parties, including without limitation. All third-party software included in the Software is provided AS IS AND WITH ALL FAULTS. 3. OWNERSHIP OF SOFTWARE This License does not convey to Licensee an interest in or to the Software, but only a limited right of use revocable in accordance with the terms of this License. The Software is NOT sold to Licensee. StealthMail and its licensors own all right, title and interest in and to the Software. No license or other right in or to the Software is granted to Licensee except for the rights specifically set forth in this License. Licensee hereby agrees to abide by all applicable laws and international treaties. 4. ENTIRE AGREEMENT The third party software applications and tools included in the Software are governed by the terms and conditions of this License. StealthMail, in its sole discretion, may provide additional third party software to Licensee at any time. The installation and use of any third party software provided to Licensee by StealthMail that is not specifically included in the Software, whether provided on the same media as the Software or separately, is governed by its own license agreement between the respective third party and Licensee. This License, and the other StealthMail agreements, policies, terms and conditions incorporated by reference represent the entire agreement between StealthMail and Licensee. 5. UPDATES AND SUPPORT StealthMail may modify the Software at any time, for any reason, and without providing notice of such modification to Licensee. This License will apply to any such modifications which are rightfully obtained by Licensee unless expressly stated otherwise. This License does not grant Licensee any right to any maintenance or services, including without limitation, any support, enhancement, modification, bug fix or update to the Software and StealthMail is under no obligation to provide or inform Licensee of any such updates, modifications, maintenance or services. 6. CONFIDENTIALITY Licensee acknowledges that the Software and certain other materials are confidential as provided herein. StealthMail’s and its licensors’ proprietary and confidential information includes any and all information related to the services and/or business of StealthMail or its licensors that is treated as confidential or secret by StealthMail or its licensors (that is, it is the subject of efforts by StealthMail, or its licensors, as applicable, that are reasonable under the circumstances to maintain its secrecy), including, without limitation, (i) the Software; (ii) any and all other information which is disclosed by StealthMail to Licensee orally, electronically, visually, or in a document or other tangible form which is either identified as or should be reasonably understood to be confidential and/or proprietary; and, (iii) any notes, extracts, analysis, or materials prepared by Licensee which are copies of or derivative works of StealthMail’s or its licensors’ proprietary or confidential information from which the substance of Confidential Information can be inferred or otherwise understood (the “Confidential Information”). Confidential Information shall not include information which Licensee can clearly establish by written evidence: (a) already is lawfully known to or independently developed by Licensee without access to the Confidential Information, (b) is disclosed in non-confidential published materials, (c) is generally known to the public, or (d) is rightfully obtained from any third party without any obligation of confidentiality. Licensee agrees not to disclose Confidential Information to any third party and will protect and treat all Confidential Information with the highest degree of care. Except as otherwise expressly provided in this License, Licensee will not use or make any copies of Confidential Information, in whole or in part, without the prior written authorization of StealthMail. Licensee may disclose Confidential Information if required by statute, regulation, or order of a court of competent jurisdiction, provided that Licensee provides StealthMail with prior notice, discloses only the minimum Confidential Information required to be disclosed, and cooperates with StealthMail in taking appropriate protective measures. These obligations shall continue indefinitely following termination of this License with respect to Confidential Information. 7. NO WARRANTY AND DISCLAIMER OF LIABILITY THE SOFTWARE IS WARRANTED TO SUBSTANTIALLY CONFORM TO ITS WRITTEN DOCUMENTATION FOR A PERIOD OF THIRTY (30) DAYS FOLLOWING SHIPMENT OR DOWNLOAD. AS YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF A BREACH OF THIS WARRANTY, StealthMail WILL, AT ITS OPTION, REPLACE THE SOFTWARE WITH CONFORMING SOFTWARE, OR REFUND ANY AMOUNT PAID BY YOU TO StealthMail FOR THE SOFTWARE. StealthMail AND ITS LICENSORS DO NOT MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIM ANY, OTHER REPRESENTATIONS, ENDORSEMENTS, GUARANTIES, OR WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. StealthMail does not warrant that use of the Software, or Licensee’s ability to use the Software will be uninterrupted, virus free or error free. Licensee acknowledges that StealthMail does not guarantee compatibility between the Software and any future versions thereof. Licensee acknowledges that StealthMail does not and cannot guarantee that Licensee’s computer environment will be free from unauthorized intrusion or otherwise guarantee the privacy of Licensee’s information. Licensee will have sole responsibility for the adequate protection and backup of Licensee’s data and/or equipment used with the Software. The entire risk as to the quality and performance of the Software and any obligation with respect to service and support is borne by Licensee. LICENSEE’S SOLE EXCLUSIVE REMEDY FOR ANY CLAIM ARISING UNDER THIS LICENSE OR FROM USE OF THE SOFTWARE IS THAT StealthMail WILL USE COMMERCIALLY REASONABLE EFFORTS TO ISSUE LICENSEE REPLACEMENT FOR ANY DEFECTIVE SOFTWARE OR MEDIA. StealthMail AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS AND AGENTS (THE “StealthMail PARTIES”) SHALL NOT BE LIABLE UNDER ANY LEGAL THEORY FOR ANY DAMAGES SUFFERED IN CONNECTION WITH THE USE OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION, INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, DATA OR USE (“EXCLUDED DAMAGES”), EVEN IF ANY PARTY WAS ADVISED OF THE POSSIBILITY OF ANY EXCLUDED DAMAGES OR ANY EXCLUDED DAMAGES WERE FORESEEABLE. IN THE EVENT OF A FAILURE OF ESSENTIAL PURPOSE OF THE EXCLUSIVE REMEDY, AS LICENSEE’S SOLE AND EXCLUSIVE ALTERNATIVE REMEDY LICENSEE MAY RECEIVE ACTUAL DIRECT DAMAGES UP TO THE AMOUNT PAID BY LICENSEE TO StealthMail FOR THE SOFTWARE. LICENSEE HEREBY EXPRESSLY RELEASES THE StealthMail PARTIES FROM ANY AND ALL LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE CAUSED, DIRECTLY OR INDIRECTLY, TO LICENSEE OR ANY THIRD PARTY AS A RESULT OF THE USE OF THE SOFTWARE OR THE INTRODUCTION THEREOF INTO LICENSEE’S COMPUTER ENVIRONMENT. The above disclaimer of warranty and liability constitutes an essential part of this License and Licensee acknowledges that Licensee’s installation and use of the Software reflect Licensee’s acceptance of this disclaimer of warranty and liability. Certain jurisdictions may limit StealthMail’s and its licensors’ ability to disclaim their liability to you, in which case, the foregoing disclaimer shall be construed to limit StealthMail’s and its licensors’ liability to the maximum extent permitted by applicable law. 8. TERM AND TERMINATION OF LICENSE This License is valid until terminated. Licensee may terminate this License at any time by destroying or returning Licensee’s copy of the Software and all Confidential Information as set forth below. This License will terminate immediately if Licensee defaults or breaches any term of this License. Upon termination of this License for any reason, any right, license or permission granted to Licensee with respect to the Software shall immediately terminate and Licensee hereby undertakes to: (immediately cease to use any part of the Software; and (ii) promptly return the Software and all Confidential Information and related material to StealthMail and fully destroy, delete and/or de-install any copy of the Software installed or copied by Licensee. The provisions regarding confidentiality, ownership, disclaimers of warranty, limitation of liability, equitable relief and governing law and venue will survive termination of this License indefinitely in accordance with their terms. 9. ASSIGNMENT The License is personal to Licensee and Licensee agrees not to transfer (by operation of law or otherwise), sublicense, lease, rent, or assign their rights under this License, and any such attempt shall be null and void. StealthMail may assign, transfer, or sublicense this License or any rights or obligations thereunder at any time in its sole discretion. 10. GOVERNING LAW This License shall be governed by and construed in accordance with the laws of the United Kingdom of Great Britain, without regard to its conflict of law provisions. Licensee submits to the jurisdiction of any court sitting in Cyprus in any action or proceeding arising out of or relating to this Agreement and agrees that all claims in respect of the action or proceeding may be heard and determined in any such court. There shall be no class action arbitration or litigation pursuant to this License. StealthMail may seek injunctive relief in any venue of its choosing. Licensee hereby submits to personal jurisdiction in such courts. The parties hereto specifically exclude the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act from this License and any transaction between them that may be implemented in connection with this License. The original of this License has been written in English. The parties hereto waive any statute, law, or regulation that might provide an alternative law or forum or to have this License written in any language other than English. 11. COMPLIANCE WITH APPLICABLE LAW. You are solely responsible for Your compliance with, and You agree to comply with, all applicable laws, rules, and regulations in connection with Your use of the Licensed Software. 12. ARBITRATION You agree that you are required to resolve any claim that you may have against StealthMail on an individual basis in arbitration. This will preclude you from bringing any class, collective, or representative action against Uber, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against StealthMail by someone else. 13. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from StealthMail and its suppliers only direct damages up to U.S. $2.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. This limitation applies to · anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and · claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. · It also applies even if StealthMail knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages. 14. U.S. GOVERNMENT END USERS The Software is a “commercial item,” as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein. 15. EQUITABLE RELIEF It is agreed that because of the proprietary nature of the Software, StealthMail’s and its Licensors’ remedies at law for a breach by the Licensee of its obligations under this License will be inadequate and that StealthMail and its Licensors shall, in the event of such breach, be entitled to, in addition to any other remedy available to it, equitable relief, including injunctive relief, without the posting of any bond and in addition to all other remedies provided under this License or available at law. 16. COPYRIGHT NOTICES AND OTHER NOTICES The Software is protected by the copyright laws of the United States and all other applicable laws of the United States and other nations and by any international treaties, unless specifically excluded herein.