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RemotelyAnywhere Software License Agreement (08.03.07)
This is a grant of License allowing the purchaser of this License to use the software program RemotelyAnywhere under certain restrictions, terms and conditions. As used herein, the term "Licensee" shall refer to the person or entity which has purchased this License from the Licensor. "Licensor" shall refer to 3am Labs, Inc. By running this Software, you are consenting to be bound by and are a party to this Agreement.

1) License Grant:
Subject to payment of applicable License fees, Licensor grants to Licensee a non-exclusive, nontransferable License to use the Software in the manner described in this document.

2) Scope of License Grant:
There are six distinct Licensing options:

2.1) Single License:
Allows the Licensee to install the Software on only ONE computer In Use by the Licensee.

2.2) Multiple Machine Counted License:
Allows the Licensee to install the Software on that number of unique machines In Use by the Licensee.

2.3) Site License:
Allows the Licensee to install the Software on any number of machines In Use by the Licensee at one location which must be specified by the Licensee at time of License purchase.

2.4) Country License:
Allows the Licensee to install the Software on any number of machines In Use by the Licensee within one country which must be specified by the Licensee at time of License purchase.

2.5) EU License:
Allows the Licensee to install the Software on any number of machines In Use by the Licensee provided machines are physically located within a member country of the European Union.

2.6) World License:
Allows the Licensee to install the Software on any number of machines In Use by the Licensee subject to Export Law Assurances below.

3.) Terms Applicable to all License grants:
The phrase "In Use by" applies to computers which the Licensee or any wholly-owned subsidiary of the Licensee owns, rents or leases and uses for its own internal activities (for the avoidance of doubt, In Use excludes computers which the Licensee rents or leases to third parties). License remains with Licensee upon termination of rental or lease agreement.

4.) Scope of License grant:
Licensee may copy the software for archival purposes, provided any copy must contain all of the original software's proprietary notices. Licensee may not: a) Modify, translate, reverse engineer, decompile, disassemble (except and SOLELY to the extent that an applicable Statute expressly and specifically prohibits such restrictions), or create derivative works based on the Software, b) Copy the Software other than as specified above, c) Rent, lease, grant a security interest in or otherwise transfer rights to the Software, d) Remove any proprietary notices or labels on the software.

5.) Disclaimer of Warranty:
The Software is provided on an AS IS basis, without warranty of any kind, including, without limitation, the warranties that the Software is merchantable, fit for a particular purpose or non-infringing. The entire risk as to the quality and performance of the software is borne by you, the Licensee. Should the Software prove defective in any respect, Licensee and not 3am Labs, Inc., nor any of Distributors or Resellers, shall assume entire cost of any service and repair. In addition, the security mechanisms implemented by the Software have inherent limitations and Licensee must determine that the Software sufficiently meets Licensee's requirements. This Disclaimer of Warranty constitutes an essential part of the License Agreement. No use of the Software is authorized hereunder except under this Disclaimer.

6.) Title:
Title, ownership rights and intellectual property rights in the Software shall remain with 3am Labs, Inc. The Software is protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and is protected by applicable law. The License granted under this Agreement gives the Licensee no rights to such content.

7.) Termination:
This Agreement and the License granted hereunder will terminate automatically if Licensee fails to comply with the limitations described herein. Upon termination, Licensee must destroy all copies of the Software.

8.) LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT OR OTHERWISE, SHALL LICENSOR OR IT'S SUPPLIERS OR RESELLERS BE LIABLE TO LICENSEE, OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, PROFIT, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT LICENSOR RECEIVED FROM LICENSEE FOR A LICENSE OF THE SOFTWARE, EVEN IF THE LICENSOR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM LICENSOR'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY.

9.) Export Law Assurances:
Licensee agrees and certifies that neither the Software nor other technical data received from Licensor, nor the direct product thereof, will be exported outside of the United States except as authorized and permitted by the laws and regulations of the United States. If the Software has been rightfully obtained by Licensee outside of the United States, Licensee agrees that Licensee will not re-export the Software nor any other technical data received from Licensor nor the direct product thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which Licensee obtained the Software. The Software may not be exported to any of the following countries: Cuba, Iran, Iraq, Libya, North Korea or Syria.

10.) High Risk Activities:
The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines or weapon systems in which the failure of the Software could lead directly to death, personal injury or severe physical or environmental damage ("high risk activities"). Accordingly, Licensor and his suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

Returns & Refunds:
Refunds will only be given at the discretion of the management of the Licensor.

Miscellaneous:
This Agreement represents the complete agreement concerning the License granted hereunder and may be amended only by a writing executed by both parties.
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