Catchpoint Systems, Inc. Linux End User License Agreement Please read this end user license agreement carefully downloading, installing, accessing, or using software from Catchpoint Systems, Inc. ("Catchpoint Systems"). By downloading, installing, accessing, or using software from Catchpoint Systems, you signify your assent to and acceptance of this end user license agreement between Catchpoint Systems and you (an individual or an entity) and acknowledge you have read and understood its terms. An individual acting on behalf of an entity represents that he or she has the authority to enter into this end user license agreement on behalf of that entity. If you do not accept the terms of this end user license agreement, then you must not use the Catchpoint Systems software. This end user license agreement does not provide any rights to Catchpoint Systems services such as maintenance, support, or upgrades. Please review your service orders with Catchpoint Systems for service and payments. This end user license agreement ("EULA") governs your use of any version of the Catchpoint Systems Linux Software and any related updates provided by Catchpoint Systems (the "Catchpoint Linux Software"). 1. SERVICE ORDERS. You may not download, install, access, or use the Catchpoint Linux Software unless: (a) there is an existing Catchpoint Systems service order between you and Catchpoint Systems for Catchpoint Systems to provide the service described therein (the "Service Order"; and the services described, including provision of the Catchpoint Linux Software, collectively, the "Services"); and (b) you are authorized to download, access, or use the Catchpoint Linux Software pursuant to that Service Order. You acknowledge and agree that you are bound by the terms and conditions of the applicable Service Order. If a provision of this Service Order conflicts with this EULA, the Service Order will take precedence, unless the conflicting provision in the EULA explicitly amends the Service Order. 2. LICENSE. Subject to the terms and conditions of this EULA and the applicable Service Order, Catchpoint Systems hereby grants to you a non- transferable, non-exclusive, non-assignable, perpetual right and license to download, access, and use the Catchpoint Systems Linux Software for your internal business purposes only. All rights not expressly granted you to under this EULA are reserved to Catchpoint Systems and its licensors. 3. RESTRICTIONS. You shall: (i) use the Catchpoint Linux Software in accordance with the operating instructions and protocols as communicated by Catchpoint Systems from time to time; (ii) be prohibited from making the Catchpoint Linux Software, including its content or documentation, or any portion thereof available for access or use by any third party; (iii) be prohibited from modifying, reverse engineering, disassembling, decompiling, reproducing or creating derivative works from or in respect of the Catchpoint Linux Software or any Catchpoint Systems product, or any component thereof; and (iv) be prohibited from accessing or using the Catchpoint Linux Software in order to (A) develop a competitive or similar product or service; (B) copy the features, functionality or design of the Catchpoint Linux Software or of its underlying software; (C) interfere with or disrupt or attempt to interfere with or disrupt the integrity or the performance of the Catchpoint Linux Software or any information or materials therein; (D) gain or provide unauthorized access to the Catchpoint Linux Software or its related systems or networks; or (E) present as the Catchpoint Linux Software's reporting any results that are modified from the results actually reported by the Catchpoint Linux Software. 4. PROPRIETARY RIGHTS. Apart from the limited licenses granted in Section 2, each party will own and retain their respective intellectual property rights. You acknowledge that the Catchpoint Linux Software, the Services and its associated technology, and all patent, copyright, trademark and all other intellectual property and proprietary rights in, to and associated with the foregoing, are the sole and exclusive property of Catchpoint Systems and its licensors. Notwithstanding any other provision in this EULA, if you provide any ideas, suggestions, or recommendations regarding the Services ("Feedback"), you will be deemed to have granted Catchpoint Systems a non-exclusive, royalty- free, fully paid up, perpetual, irrevocable, worldwide license in the Feedback and Catchpoint Systems is free to use, disclose, modify, reproduce, license, distribute, commercialize and otherwise freely exploit without restriction of any kind such Feedback in its products, without payment of royalties or other consideration to you. Each party retains all other rights not expressly granted in this EULA. 5. WARRANTIES. CATCHPOINT SYSTEMS MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF ANY OF THE SERVICE FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, OR FROM A COURSE OF DEALING OR USAGE IN TRADE. 6. LIMITATIONS OF LIABILITY. IN NO EVENT SHALL CATCHPOINT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, INTERRUPTION OF SERVICE, OR LOSS OF BUSINESS OR BUSINESS OPPORTUNITY, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT IT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. 7. EXPORT CONTROL. As required by the laws of the United States and other countries, you represent and warrant that you: (a) understand that the Catchpoint Linux Software and its components may be subject to export controls under the U.S. Commerce Department's Export Administration Regulations ("EAR"); (b) are not located in a prohibited destination country under the EAR or U.S. sanctions regulations (currently Cuba, Iran, Iraq, North Korea, Sudan and Syria, subject to change as posted by the United States government); (c) will not export, re-export, or transfer the Catchpoint Linux Software to any prohibited destination or persons or entities on the U.S. Bureau of Industry and Security Denied Parties List or Entity List, or the U.S. Office of Foreign Assets Control list of Specially Designated Nationals and Blocked Persons, or any similar lists maintained by other countries, without the necessary export license(s) or authorization(s); (d) will not use or transfer the Catchpoint Linux Software for use in connection with any nuclear, chemical or biological weapons, missile technology, or military end-uses where prohibited by an applicable arms embargo, unless authorized by the relevant government agency by regulation or specific license; (e) understand and agree that if you are in the United States and export or transfers the Catchpoint Linux Software to eligible end users, you will, to the extent required by EAR Section 740.17(e), submit semi-annual reports to the Commerce Department's Bureau of Industry and Security, which include the name and address (including country) of each transferee; and (f) understand that countries including the United States may restrict the import, use, or export of encryption products (which may include the Catchpoint Linux Software and its components) and agree that you shall be solely responsible for compliance with any such import, use, or export restrictions. 8. GENERAL. This EULA, together with its formation, performance, termination and enforcement, and any related claims (whether under contract, tort or otherwise), shall be governed, construed and enforced in accordance with the laws of the State of New York, without reference to its conflict of law principles. This EULA will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. For any disputes arising out of this EULA, the parties consent to personal and exclusive jurisdiction of and venue in the state or federal courts within the state and county of New York. If any provision of this EULA is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision, with all other provisions remaining in full force and effect.