Cyber Prot and StasherX Copyright (c) SC NEXT IT COMPUTERS SRL (Next IT Computers) *** END USER LICENSE AGREEMENT *** IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE. This End User License Agreement ("Agreement") applies to the following software products published by SC NEXT IT COMPUTERS SRL ("Next IT Computers", "we", "us"): - Cyber Prot - StasherX Together with any related documentation, updates, and definition files, each product (and both products collectively) is referred to as the "Software". 1. LICENSE By receiving, opening the file package, downloading, installing, and/or using the Software containing this license, you agree that this End User License Agreement (EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement. Unless you have a different license agreement signed by Next IT Computers, your use of the Software indicates your acceptance of this license agreement and warranty. Subject to the terms of this Agreement, Next IT Computers grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to install and use the Software on devices you own or control, in accordance with this Agreement. Next IT Computers does not transfer the title of the Software to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Next IT Computers and the users of the Software. If you do not agree to be bound by this agreement, remove the Software from your computer now and, if applicable, promptly return to Next IT Computers by mail any copies of the Software and related documentation and packaging in your possession. 1.1 Personal & Small Business (Free) The Software is licensed free of charge for Personal use and Small Business use on up to five (5) computers where the Software is installed. "Small Business" means an organization or individual using the Software on no more than five (5) computers in total. 1.2 Business & Enterprise Use of the Software on more than five (5) computers, or any Business & Enterprise deployment beyond the Personal & Small Business scope above, requires a separate written license from Next IT Computers. Please contact info@cyberland.ro before such use. No Business & Enterprise rights are granted under this free license. 2. DISTRIBUTION The Software and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of the Software contact Next IT Computers. 3. USER AGREEMENT 3.1 Use Your license to use the Software under Section 1.1 is granted free of charge for Personal and Small Business use within the five-computer limit. You shall not allow unauthorized third parties to redistribute copies of the Software. 3.2 Use Restrictions You shall use the Software in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of the Software together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited. Except as expressly permitted under a separate Business & Enterprise license, each free licensed copy of the Software under Section 1.1 may be used only within the five-computer limit described above. Use of the Software means that you have loaded, installed, or run the Software on a computer or similar device. You may make one copy of the Software for backup purposes. The assignment, sublicense, networking, sale, or distribution of copies of the Software are strictly forbidden without the prior written consent of Next IT Computers. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of the Software in a manner that exceeds the license granted herein. 3.3 Copyright Restriction This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile the Software. Nor can you create any derivative works or other works that are based upon or derived from the Software in whole or in part. Next IT Computers's name, logo and graphics files that represent Cyber Prot or StasherX shall not be used in any way to promote products developed with the Software. Next IT Computers retains sole and exclusive ownership of all right, title and interest in and to the Software and all Intellectual Property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of the Software, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the licensed program. All rights not expressly granted hereunder are reserved for Next IT Computers. 3.4 Limitation of Responsibility You will indemnify, hold harmless, and defend Next IT Computers, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Next IT Computers's Software. In no event (including, without limitation, in the event of negligence) will Next IT Computers, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, the Software or the use or inability to use the Software or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence. Next IT Computers's entire liability, without exception, is limited to the amount you paid for the Software (which is zero for free Personal & Small Business downloads under Section 1.1) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Next IT Computers. 3.5 Warranties Except as expressly stated in writing, Next IT Computers makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose. 3.6 Governing Law This Agreement shall be governed by the law of Romania applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Romania therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions. 3.7 Termination Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of the Software and destroy all copies of the Software supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license. 4. DISCLAIMER OF WARRANTY THIS SOFTWARE AND THE ACCOMPANYING FILES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED, EDITED, OR PROTECTED BY THE SOFTWARE AS WELL. 5. CONTACT Business & Enterprise licensing and other questions: info@cyberland.ro SC NEXT IT COMPUTERS SRL — cyberland.ro