BitRock Cross Platform Installer 9.5.2

EULA - End User License Agreement

BitRock InstallBuilder License Agreement
and Limited Product Warranty

CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT.

This End-User License Agreement ("EULA") is a legally enforceable
contract between Licensee, and BitRock S.L. ("BitRock"). By
clicking "I agree", installing, copying, or otherwise using any
part of the software available for download on BitRock's, or its
affiliate's Web Site, or any associated media, any printed
materials, or any "online" or electronic documentation, Licensee
agrees to be bound by the terms of this EULA. IF YOU DO NOT AGREE
TO THE TERMS OF THIS EULA, DO NOT INSTALL AND/OR USE THIS
SOFTWARE. LICENSEE'S USE OF THIS SOFTWARE IS CONDITIONED UPON
COMPLIANCE BY LICENSEE WITH THE TERMS OF THIS EULA.

1. DEFINITIONS. The following terms shall have the following
meanings: "Effective Date" means the date upon which Licensee
purchases a license Key through the BitRock website, or issues to
BitRock a valid purchase order for a license Key. "Licensee"
means, you if you are purchasing a license for your own
individual use, or the entity by which you are employed, if you
are purchasing such license on behalf of your employer;
"Location(s)" means the physical street address(es) listed on the
Order Form wherein Licensee intends to install the Software;
"Order Form" means the online ordering form pursuant to which you
selected certain BitRock product(s); "Software" means the object
code form of BitRock's software products identified on the Order
Form, or which you elected to download from BitRock or its
affiliates and any Updates and Upgrades to such products which
are provided to Licensee pursuant to the Software Support
Agreement entered into between the parties, or otherwise provided
by BitRock at its sole discretion, and any documentation
accompanying any of the foregoing software products; "User" means
the employees or contractors of Licensee designated on the Order
Form by Licensee and approved by BitRock prior to use.

2. GRANT OF RIGHTS. Subject to the terms and conditions of this
EULA, and subject to any applicable restrictions set forth on the
Order Form, BitRock hereby grants to Licensee a nonexclusive,
nonsublicensable, nontransferable (except in accordance with
Section 12) license to: (A) reproduce the Software solely for the
purpose of installing the Software at the Location(s); (B) use
the Software solely at the Location(s) and solely for Licensee's
internal operation and use; (C) permit the number of Users
specified on the Order Form to install and use the Software to
develop and manage applications that use the Software; and (D)
deploy and use the applications pursuant to this Section 2.
Licensee may make one backup copy of the Software per Location,
for archival or disaster recovery purposes. The license granted
herein is granted solely to the individual or entity set forth on
the Order Form, and not, by implication or otherwise, to any
parent, subsidiary or affiliate of such individual or entity. All
rights not expressly granted hereunder are reserved to BitRock.
Licensee may not copy, distribute, reproduce, use or allow access
to the Software except as explicitly permitted under this
Agreement. Licensee shall not modify, adapt, translate, prepare
derivative works from, decompile, reverse engineer, disassemble
or otherwise attempt to derive source code from the Software or
any internal data files generated by the Software, except and
only to the extent that such activity is expressly permitted by
applicable law notwithstanding this limitation. Licensee shall
not use the Software in a service bureau modality, or lease, rent
or loan the Software or the use thereof to any third party.
Licensee shall not remove, obscure, or alter BitRock's or its
licensors copyright notices, trademarks, or other proprietary
rights notices affixed to or contained within the Software. As
between the parties, BitRock owns and shall retain all right,
title, and interest in and to the Software, including all
copyrights, patents, trade secret rights, trademarks and other
intellectual property rights therein. Licensee shall provide
BitRock with access to Licensee's Location(s), at reasonable
times and upon reasonable notice, to verify Licensee's compliance
with the terms of this EULA. The Software is licensed and not
sold.

3. TERM.

3.1 Evaluation Term. Licensee is granted a limited right to use
the Software, in compliance with this EULA free of charge for a
period of evaluation commencing upon the date on which Licensee
downloads the Software from BitRock's website and lasting thirty
(30) calendar days thereafter, unless extended in writing by
BitRock (the "Trial Evaluation Period").

3.2 This EULA is effective upon the Effective Date or, in any
event upon Licensee's installation of the Software unless
terminated by Section 8 below, although Updates and support will
only be provided per the terms of the specific Software Support
Agreement for a term commencing with the Effective Date and
lasting one (1) year from such date. Licensee's license may be
renewed for support and upgrades to newer versions of the
Software for 50% of the current retail license prices at the time
of renewal. If Licensee's license is not renewed within 30 days
of the end of the current term, licensee waives all rights to any
such renewal discount.

4. SOFTWARE ACTIVATION. Following the receipt by BitRock of the
applicable Fees for the relevant license, BitRock will issue to
Licensee a key to activate the Software for the license (a
"Key"). Licensee will be responsible for installing the Key to
activate the Software. The Key shall be considered Confidential
Information of BitRock, as that term is defined herein.

5. FEES AND PAYMENT.

5.1. Fees. In consideration for the rights granted hereunder,
Licensee shall pay BitRock license fees in the amounts set forth
on the Order Form, and will pay BitRock all license fees due for
the Initial Period (as specified on the Order Form) on or before
the Effective Date specified on the Order Form.

5.2. Terms of Payment. All payments are non-refundable (with an
exception for any limited money-back guarantees that are
specified in writing or on the BitRock website, www.bitrock.com,
at the time of purchase of a license.) All fees quoted and
payments made hereunder shall be in U.S. Dollars. Licensee shall
be responsible for all sales taxes, use taxes, withholding taxes,
value added taxes and any other similar taxes imposed by any
federal, state, provincial or local governmental entity on the
transactions contemplated by this EULA, excluding taxes based
upon BitRock's net income. When BitRock has the legal obligation
to pay or collect such taxes, the appropriate amount shall be
invoiced to and paid by Licensee unless Licensee provides BitRock
with a valid tax exemption certificate authorized by the
appropriate taxing authority.

6. OWNERSHIP.

6.1. Software. BitRock owns all right, title and interest in and
to the Software, except the Third Party Software (as that term is
defined in Section 6.2 below), and any modifications thereto,
including without limitation, all Intellectual Property Rights
therein and related thereto. Licensee owns the applications that
Licensee develops pursuant to Section 2 above provided that
BitRock retains all right, title and interest in and to any
portion of the Software used in connection with the applications.
InstallBuilder and the BitRock name and logo are trademarks of
BitRock, and no right or license is granted to Licensee under
this EULA to use such trademarks. "Intellectual Property Rights"
means all worldwide patent, patent applications, copyrights,
trade secrets, trademarks, service marks, trade names and any
other intellectual property, proprietary, and database protection
rights.

6.2. Third Party Software. Licensee acknowledges that the
InstallBuilder Software is designed to work with, and contains,
certain third party software, including without limitation,
certain software licensed by its owners under open source
software license (collectively, the "Third Party Software"). Any
Third Party Software, whether distributed with the InstallBuilder
Software or otherwise obtained by Licensee, is subject to the
terms of the third party software license accompanying or
otherwise applicable to that Third Party Software ("Third Party
License"). The terms of the applicable Third Party License will
apply to the Third Party Software independent of the terms of
this EULA. Nothing in this EULA limits Licensees rights under, or
grants rights to Licensee that supersede the terms of any
applicable Third Party License.

7. NO WARRANTY AND LIMITED LIABILITY.

7.1. DISCLAIMER OF EXPRESS AND IMPLIED WARRANTIES. THE SOFTWARE
AND THE DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF
ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NONINFRINGEMENT. THE ENTIRE RISK ARISING
OUT OF THE USE OR PERFORMANCE OF THIS SOFTWARE REMAINS WITH
LICENSEE.

7.2 LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL LIABILITY OF BITROCK
OR ANY OF ITS SUPPLIERS OR LICENSORS ARISING OUT OF THIS EULA
WITH RESPECT TO ANY PARTICULAR SOFTWARE OR THE USE OR PERFORMANCE
OF SUCH SOFTWARE EXCEED THE SUM OF THE LICENSE FEES ACTUALLY PAID
BY LICENSEE HEREUNDER FOR SUCH SOFTWARE. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BITROCK OR ANY OF
ITS SUPPLIERS OR LICENSORS HAVE ANY LIABILITY TO LICENSEE FOR ANY
LOST PROFITS OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR
LOST DATA, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY,
INCLUDING BUT NOT LIMITED TO CONTRACT, PRODUCTS LIABILITY, STRICT
LIABILITY AND NEGLIGENCE, AND WHETHER OR NOT SUCH PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE PARTIES AGREE
THAT THIS SECTION 7 REPRESENTS A REASONABLE ALLOCATION OF RISK.

8. CONFIDENTIALITY. The term "Confidential Information" shall
mean any information disclosed by either party (the "Disclosing
Party") to the other party (the "Receiving Party") in connection
with this EULA which is disclosed in writing, orally or by
inspection and is identified as "Confidential" or "Proprietary."
Notwithstanding the foregoing, the following is "Confidential
Information" of BitRock: (a) any information, in whatever form,
disclosed by BitRock that relates to the Software and that is not
publicly known; (b) any benchmark tests pertaining to the
Software; and the Software license Key provided by BitRock to
Licensee hereunder. The Receiving Party shall treat as
confidential all Confidential Information received from the
Disclosing Party, shall not use such Confidential Information
except as expressly permitted under this Agreement, and shall not
disclose such Confidential Information to any third party without
the Disclosing Party's prior written consent. The Receiving
Party shall use the same degree of care to protect the
Confidential Information of the Disclosing Party against
unauthorized use or disclosure that it takes with its own
confidential information of like nature, but in no event less
than a reasonable degree of care. Notwithstanding the above, the
restrictions of this Section shall not apply to information that:
(a) was independently developed by the Receiving Party without
any use of the Confidential Information of the Disclosing Party;
(b) becomes known to the Receiving Party, without restriction,
from a third party without breach of this Agreement and who had a
right to disclose it; (c) was in the public domain at the time it
was disclosed or becomes in the public domain through no act or
omission of the Receiving Party; or (d) was rightfully known to
the Receiving Party, without restriction, at the time of
disclosure. Without terminating any restrictions or obligations
of this Section, a Receiving Party is not prohibited hereunder
from disclosing Confidential Information of the other party if
such information is disclosed pursuant to the valid order or
requirement of a court, administrative agency, or other
governmental body of competent jurisdiction; provided, however,
that the disclosure is strictly limited to the extent necessary
to comply with such order and, provided further that, the
Receiving Party shall provide prompt notice thereof to the
Disclosing Party and shall use commercially reasonable efforts
to obtain a protective order or otherwise prevent public
disclosure of such information.

8. TERMINATION. BitRock may terminate this EULA upon Licensee's
breach of this EULA if Licensee fails to cure such breach within
15 days of receipt of BitRock's notice thereof. Upon termination
or expiration of this EULA: (a) any fees owed to BitRock under
this EULA before such termination or expiration will be
immediately due and payable; (b) all licenses granted to Licensee
in this EULA will immediately cease; and (c) Licensee must
promptly discontinue all use of the Software, uninstall and
erase all copies of the Software from Licensee's computers, and
return or, at the option of BitRock, destroy all copies of the
Software in Licensee's possession or control. Sections 6, 7, 8,
9, 10, 11 and 12 will survive termination or expiration of this
EULA for any reason.

8. SUPPORT. Basic support is included in the Software License
Fees. Subject to Customer's payment of the Software License Fees
due for the Initial Period and any Renewal Period, BitRock will
provide Customer with basic support for the InstallBuilder
Software during the Initial Period and each such Renewal Period.
Basic Support is offered solely for the InstallBuilder Software
and excludes any and all Third Party Software.

9. U. S. GOVERNMENT END USERS. The Software is comprised of
"Commercial Computer Software" and "Commercial Computer Software
Documentation," as such terms are used in 48 C.F.R. 12.212 or 48
C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212
or 48 C.F.R. 227.7202-1 through 4, as applicable, the Commercial
Computer Software and Commercial Computer Software Documentation
are being licensed to the U.S. Government end users only as
Commercial Items and with only those rights as are granted to all
other end users pursuant to the terms and conditions in this
EULA.

10. EXPORT. Licensee will comply with all applicable export and
import laws and regulations in its use of the Software and, in
particular, Licensee will not export or re-export the Software
without all required United States and foreign government
licenses.

11. USE OF CUSTOMER'S NAME. Licensee acknowledges that BitRock
may use Licensee's company name on BitRock's customer list
provided to third parties.

12. GENERAL. This EULA will be governed by the laws of California
without regard to conflicts of law principles. The Courts of
California will have exclusive jurisdiction over any disputes
arising under this EULA and the parties hereby irrevocably
consent to the personal jurisdiction of such courts. In the event
any proceeding or lawsuit is brought by the parties in connection
with this EULA, the prevailing party in such proceeding or
lawsuit will be entitled to receive its costs and reasonable
attorneys' fees. If any provision of this EULA is held to be
unenforceable, that provision will be modified so as to be
enforceable, or if such modification is not possible, will be
removed and the remaining provisions will remain in full force.
No modification, amendment or waiver of any provision of this
EULA shall be effective unless in writing and signed by an
officer of BitRock and an authorized representative of Licensee.
No failure or delay by either party in exercising any right,
power, or remedy under this EULA, except as specifically provided
herein, shall operate as a waiver of any such right, power or
remedy. Without limiting the foregoing, terms and conditions on
any purchase orders or similar materials submitted by Licensee to
BitRock shall be of no force or effect. Neither this Agreement
nor any rights or obligations of Customer under this Agreement
may be assigned by Licensee in whole or in part without the prior
written consent of BitRock, and any attempted assignment or
transfer by Licensee in violation of the foregoing will be null
and void. This Agreement, is the complete and exclusive statement
of the agreement between the parties and supersedes any proposal
or prior agreement, oral or written, and any other communications
between the parties in relation to the subject matter of this
Agreement. This EULAwill not be modified except by a subsequently
dated written amendment or exhibit signed by the duly authorized
representatives of both parties. The parties agree that the
United Nations Convention on Contracts for the International Sale
of Goods is specifically excluded from application to this
Agreement. This Agreement is in the English language only, which
language will be controlling in all respects.

(C) 2005-2009 BitRock SL. All rights reserved