PLEASE READ THIS END USER LICENSE AGREEMENT (“Agreement”) CAREFULLY BEFORE DOWNLOADING, INSTALLING, OR USING THIS SOFTWARE AND ACCOMPANYING DOCUMENTATION (“Software”). BY DOWNLOADING, INSTALLING, OR USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN AND DO NOT USE THE SOFTWARE. Software License. Subject to the terms and conditions of this Agreement and payment of the applicable license fees, VU Security LLC. and its suppliers grant to you (“End User”) a non-exclusive, non-transferable license to use the Software in object code form solely for the purpose of operating the VM on which the Software runs. Limitations. Except as otherwise expressly provided in this Agreement, End User shall have no right, and End User specifically agrees not to, and not to permit third parties to: (i) modify, adapt, change, enhance or create derivative works based upon the Software; (ii) copy, or otherwise reproduce the Software in whole or in part; (iii) decompile, translate, reverse engineer, disassemble or otherwise reduce the Software to human-readable form; (iv) use the Software on any in excess of the maximum number of appliances; or v) remove, modify or otherwise tamper with any notice or legend on any labeling on any physical media containing the Software. End-User´s rights in the Software will be limited to those expressly granted herein. Upgrades and Additional Copies. For purposes of this Agreement, “Software” shall also include any upgrades, updates, bug fixes or modified versions (“Upgrades”) provided to End User by VU Security LLC or an authorized distributor, along with any backup copies of the Software, and for which End User had paid the applicable license and support and maintenance fees. Notwithstanding the foregoing, End User acknowledges and agrees that VU Security LLC and its resellers and distributors shall have no obligation to provide any Upgrades. If Upgrades or additional copies of the Software are provided, End User acknowledges and agrees that it has no license or right to use such additional copies or Upgrades unless End User, at the time of acquiring such copy or Upgrade, already holds a valid license and the corresponding software keys to the original Software for the applicable number of copies, and is subject to a then-current Software support and maintenance program with VU Security LLC or its authorized distributor. Support. Technical Support may be provided on either a time and material basis or under the terms of a separate Maintenance and Support Agreement. Disclaimer of Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VU SECURITY LLC PROVIDES THE SOFTWARE “AS IS” WITHOUT WARRANTY OF ANY KIND. VU SECURITY LLC DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE OR THAT END USER WILL BE ABLE TO OPERATE THE SOFTWARE WITHOUT PROBLEMS OR INTERRUPTIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VU SECURITY LLC AND ITS SUPPLIERS, DISTRIBUTORS, AND RESELLERS DISCLAIM ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. Limitation of Liability. End-User acknowledges that the Software is not designed, manufactured or intended for use in connection with the design, construction, maintenance, and/or operation of any system where a failure of such system could result in a situation that threatens the safety of human life. Except as otherwise provided herein, VU Security LLC shall not be liable to End-User, in whole or in part, for any claims or damages arising from such use, or resale to End-User by a third party for such purposes, and End-User agrees to indemnify, defend (with counsel approved in writing in advance by VU Security LLC) and hold VU Security LLC harmless against any claims for cost, damage, expense (including reasonable attorneys´ fees) or liability arising out of or in connection with any such use. IN NO EVENT WILL VU SECURITY LLC OR ITS SUPPLIERS, RESELLERS, OR DISTRIBUTORS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF VU SECURITY LLC OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall VU'S OR its suppliers´, RESELLERS´, OR DISTRIBUTORS´ total liability to End User, whether in contract, tort (including negligence), or otherwise, exceed the price paid by End User. The foregoing limitations shall apply even if the above-stated warranty fails of its essential purpose. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO END USER. Proprietary Rights. End-User acknowledges that the Software is the proprietary/confidential information of VU Security LLC or its suppliers and any unauthorized disclosure to a third party constitutes a material breach of this Agreement. The Software, including all intellectual property rights therein, is and will remain the sole and exclusive property of VU Security LLC or its suppliers. Term and Termination. This Agreement is effective until terminated. End User´s license rights under this Agreement will terminate immediately without notice from VU Security LLC if End User fails to comply with any provision of this Agreement. Upon termination, End User must destroy all copies of Software and the corresponding software keys in its possession or control and certify such destruction in writing to VU Security LLC or its authorized distributor. Compliance With Law. Each party agrees to comply with all applicable laws, rules and regulations in connection with its activities under this Agreement.