IMPORTANT - READ CAREFULLY:

This End-User License Agreement (EULA) is a legal agreement between you as the above-named individual and Cerberus Systems, Inc., a Massachusetts corporation (Cerberus) for the Cerberus software product identified above, which includes computer software and associated media and printed materials (if any), and may include online or electronic documentation (SOFTWARE PRODUCT or SOFTWARE). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this Agreement, you are not authorized to use the SOFTWARE PRODUCT.

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This copy of the SOFTWARE PRODUCT has been customized for your personal use and is licensed, not sold to you.

1. GRANT OF LICENSE. This EULA grants you the following rights:
--Cerberus grants to you the right to use as many unmodified secondary copies of your customized copy of the SOFTWARE PRODUCT on as many computers as you wish.
--You may also make unmodified secondary copies of your customized copy of the SOFTWARE PRODUCT for your personal backup and archival purposes.

2. GENERAL RESTRICTIONS.
--You may not transfer any of your rights under this EULA.
--You may not distribute copies of the SOFTWARE PRODUCT to third parties.
--You may not rent or lease the SOFTWARE PRODUCT.
--You must maintain all copyright notices on all copies of the SOFTWARE PRODUCT.
--You may not reverse-engineer, decipher, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
--You must not modify the customization of the SOFTWARE PRODUCT, which is intended to aid traceability of illegally exported copies (see EXPORT RESTRICTIONS).

3. EXPORT RESTRICTIONS. The SOFTWARE PRODUCT is intended for distribution only in the United States. The SOFTWARE PRODUCT incorporates strong cryptographic functions which classify it as an Encryption Item (Category EI) on the Commerce Control List (CCL, 15 CFR 774), subject to the Export Administration Act (EAA, 50 USC 2401). Export of the SOFTWARE PRODUCT from the United States is regulated by the U.S. Commerce Department, Bureau of Export Administration (BXA). A BXA license is required to export the SOFTWARE PRODUCT outside the United States. Under the EAA, the penalty for its export without a BXA license is a fine, not in excess of $1,000,000 and/or a prison term, not to exceed 10 years, for each offense.
--You agree that you will not directly or indirectly, export or re-export the SOFTWARE PRODUCT (or portions thereof) to any country, or to any person, entity or end user subject to U.S. export restrictions without first obtaining a Commerce Department export license.
--You warrant and represent that you are a resident U.S. citizen or a Resident Alien, and that neither the U.S. Commerce Department Bureau of Export Administration, nor the U.S. State Department Office of Defense Trade Controls, nor any other U.S. federal agency has suspended, revoked or denied your export privileges.

4. TERMINATION. Without prejudice to any other rights, Cerberus may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT, and warrant in writing to Cerberus that you have done so.

5. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT and any copies thereof are owned by Cerberus or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content.

6. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Cerberus Systems, Inc. / 3 Whispering Pines Drive / Andover, MA 01810-3421.

7. WARNING. THE SOFTWARE PRODUCT 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, INCLUDING BUT NOT LIMITED TO USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE SOFTWARE PRODUCT COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ('HIGH RISK ACTIVITIES').

8. NO WARRANTY. ANY USE OF THE SOFTWARE PRODUCT IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CERBERUS AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

9. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CERBERUS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF CERBERUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.)

10. LIMITATION OF LIABILITY. CERBERUS' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS EULA SHALL NOT EXCEED YOUR ORIGINAL PURCHASE PRICE.

11. MISCELLANEOUS.
-- This EULA constitutes the entire agreement between the parties with respect to the use of the SOFTWARE PRODUCT and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this EULA will be binding unless in writing and signed by a duly authorized representative of Cerberus.
-- No delay or failure to take action under this EULA will constitute a waiver unless expressly waived in writing, signed by a duly authorized representative of Cerberus, and no single waiver will constitute a continuing or subsequent waiver.
--This EULA is governed by and shall be interpreted under the laws of the Commonwealth of Massachusetts, which shall be the venue for all proceedings concerning it in either state or federal courts. The prevailing party in any such proceedings shall be entitled to recover legal fees and court costs.
-- If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this EULA shall continue in full force and effect.
--Should you have any questions concerning this EULA, or if you desire to contact Cerberus for any reason, please write:

Cerberus Systems, Inc.
3 Whispering Pines Drive
Andover, MA 01810-3421
- Attention INFOSEC