THIS END-USER LICENSE AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR AN ENTITY IF ACQUIRED FOR USE BY AN ENTITY) AND INSTALLATON. READ THIS EULA CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. BY INSTALLING OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA; IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS HEREIN, OR IF YOU HAVE NOT READ, UNDERSTOOD, OR ACKNOWLEDGED THE TERMS HEREIN, DO NOT INSTALL OR USE THE SOFTWARE AND RETURN TO YOUR PLACE OF PURCHASE FOR A FULL REFUND.

1. DEFINITIONS
   1. The term "EULA" shall refer to this End User License Agreement.
   2. The term "Partner" shall refer to any entity that has entered into a valid and existing Partner Agreement with Installatron.
   3. The term "Distributor" shall refer to any entity that has entered into a valid and existing Distributor Agreement with Installatron.
   4. The term "Services" shall refer to Installatron's "Installatron Plugin" software.
   5. The term "Licensed Servers" shall refer to any server operating from an IP address identified by Installatron as a licensed server in good standing.
   6. The term "Third Party User" shall refer to an authorized end user of Services on Licensed Servers.
   7. The term "Installatron Usage Data" shall refer to all data collected in connection with the use of Services including the licensed or unlicensed status of the server, its public IP address, the operating system, the use of any virtualization technologies, and information collected to help improve Services.
   8. The term "Trademarks" means all domestic and international trademarks, service marks, logos, trade names, trade dress, including all goodwill represented by each of the foregoing, whether registered or unregistered, of Installatron including without limitation INSTALLATRON (USPTO Registration No. 4282930).
   9. The terms "we", "us" or "our" shall refer to Installatron.
   10. The terms "you", "your", or "Licensee" shall refer to any individual or entity who installs or uses Services.
2. GRANT OF LICENSE
   1. Subject to the terms and conditions of this Agreement, only during the term hereof, and provided that Licensee continues to satisfy the terms and conditions of this Agreement, Installatron grants Licensee a non-exclusive license to (a) install and use Services on Licensed Servers and (b) make backup copies of Services for archival purposes. Except as provided the below section Sublicensing, the foregoing license is non-transferable, non-assignable and non-sublicensable.
   2. Sublicensing. Licensee may sublicense the right to use Services to Third Party Users solely on Licensed Servers provided that each Third Party User enters into an agreement with Licensee governing the Third Party User's use of Services on Licensed Servers ("Third Party Agreement"); as part of any Third Party Agreement, each Third Party User must agree to the flow-through provisions set forth herein as a condition of the Third Party User's use of Services. Each Third Party Agreement must contain:
      1. The Third Party User's agreement that no part of Services may be modified or used to prepare derivative works as set forth herein;
      2. The Third Party User's agreement that Installatron owns all right, title and interest, including all Intellectual Property Rights, in and to, (a) the Services, (b) the Trademarks, and (c) Installatron Usage Data as set forth herein;
      3. A notice, substantially similar to the disclaimer set forth herein, that Installatron disclaims all warranties and representations with respect to Services;
      4. A limitation of Installatron's liability substantially similar to that set forth herein;
      5. A notice that the Third Party User's right to use Services shall automatically expire without notice upon the expiration or termination of this Agreement for any reason whatsoever;
      6. A notice that Installatron is a third party beneficiary of any Third Party Agreement applicable to Services with the full right to enforce the provisions of the Third Party Agreement as they pertain to Installatron and Services;
      7. The Third Party User's agreement that Installatron may in its sole discretion collect and use Installatron Usage Data as set forth herein;
      8. The Third Party User's waiver of any and all claims (whether under law, equity or any other theory of liability) against Installatron and its affiliates that may arise from a Third Party User's inability to use Services in the event of the suspension of Services for any reason whatsoever;
      9. If Third Party Users are also granted the right to sublicense the use of Services, the Third Party User's agreement that any grant of sublicensing rights shall include the provisions set forth in this section and the duration and scope of rights granted shall be no greater than the terms and conditions herein.
   3. Restrictions of Use.
      1. Licensee understands that Services is licensed as a single product and none of the components may be separated for installation or use other than on Licensed Servers.
      2. No Derivative Works. In any manner whatsoever Licensee may not alter, merge, modify, adapt or translate, decompile, reverse engineer, disassemble or otherwise attempt to reduce Services to any human-readable form, prepare derivative works based upon Services, or use Services to develop any application having the same primary functions as Services.
3. TERM AND TERMINATION
   1. Installatron, in its sole and absolute discretion and without liability to Licensee, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, in whole or in part, and such changes or modifications shall be effective 30 calendar days of posting to the Installatron website (this "Site").
   2. In the event that Installatron believes that Licensee has materially breached any obligations under this Agreement, or Licensee fails to enact changes or modifications to the Agreement, Installatron will notify Licensee of the breach. Licensee shall have 30 calendar days from receipt of the notice to cure the alleged breach and notify Installatron that cure has been effected. Installatron may terminate this agreement upon 30 calendar days notice to the Licensee if the Licensee commits any material breach of this Agreement that remains uncured during such notice period. Examples of material breach include but are not limited to non-payment of any amount when due and failure to prohibit access to Services by any non-licensed entity.
   3. Effect of Termination. Upon the termination of this Agreement for any reason, Installatron will be entitled to immediately cease providing Services to Licensee, Licensee will cease providing the Services to its customers, and all amounts due to Installatron will become immediately due and payable. Notwithstanding the termination of this Agreement for any reason, the provisions of this Agreement that by their nature survive termination will continue to apply.
4. DATA PROTECTION
   1. Where you are a business, company or similar organization, to the extent that Installatron may Process Personal Data on your behalf in connection with the Agreement and (a) the Personal Data relates to individuals located in the EEA or (b) you are located in the EEA, the parties agree that Installatron will Process such Personal Data in accordance with the Data Processing Addendum set forth below. For the purposes of this section, the terms "Personal Data", "Process" and "EEA" have the meanings given in the Data Processing Addendum.
5. SUPPORT
   1. Installatron shall have no obligation whatsoever to provide technical support for any issue unrelated to Services, including, but not limited to, problems caused by reliant software, such as DirectAdmin, cPanel/WHM, Plesk, Linux, Apache, or MySQL.
   2. Support for web applications installed by Installatron may be available directly from Installatron, however there are no guarantees because many issues are beyond Installatron's control and can only be resolved by the web application developer.
6. INTELLECTUAL PROPERTY RIGHTS
   1. Installatron owns all right, title and interest, including all Intellectual Property Rights, in and to, (a) Services, (b) Trademarks, and (c) Installatron Usage Data (collectively, "Installatron Intellectual Property").
      1. No Implied License or Ownership. Nothing in this Agreement or the performance thereof, or that might otherwise be implied by law, will operate to grant you any right, title or interest, implied or otherwise, in or to Installatron Intellectual Property.
      2. Marks. Licensee agrees not to use any of Installatron's trademarks, trade names, service marks, corporate names or logos or those of its affiliates ("Marks") on any press release, advertising or marketing materials unless specifically authorized by Installatron. Licensee acknowledges that the use of the Marks is limited to the use set forth in this Agreement and that Licensee has not acquired and will not acquire any ownership rights therein. Licensee will not register or maintain any trademarks or domain names that are substantially similar to trademarks, domain names, or intellectual property owned by Installatron (or domain names confusingly similar thereto).
      3. No Contest. Licensee acknowledges and agrees that Installatron Intellectual Property is and shall remain the sole and exclusive property of Installatron, and Licensee agrees to never seek to contest Installatron's ownership or act in any manner that would or might compromise or otherwise affect the value of the Installatron Intellectual Property. Licensee agrees to notify Installatron in the event of becoming aware that any third party is, or may be, infringing the Installatron Intellectual Property.
      4. Proprietary Notices. Third party trademarks, trade names, product names and logos included in Services may be the trademarks or registered trademarks of their respective owners. Licensee may not remove or alter any copyright or other proprietary notice, legend, symbol or label in Services.
7. NO SOLICITATION
   1. Licensee is prohibited from approaching Installatron's employees with proposals to hire them as Licensee's employees or contractors.
8. WARRANTIES
   1. Installatron expressly reserves the right to deny, cancel or transfer Services that Installatron deems necessary, in its discretion, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Installatron, as well as its affiliates, subsidiaries, officers, directors and employees.
   2. THE SERVICES AND THE APPLICATIONS PROVIDED BY SERVICES ARE DELIVERED TO LICENSEE "AS IS" AND WITH ALL FAULTS. INSTALLATRON DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS LICENSEE MAY OBTAIN BY USING THE SERVICES. EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO LICENSEE IN YOUR JURISDICTION, INSTALLATRON MAKES NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
   3. While Installatron is committed to improving the quality of Services provided over time, Licensee understands that functionality, features and contents of Services can change over time, and just because a functionality, feature, or content is offered at one time does not guarantee that it will always be available.
   4. Licensee hereby states that the information provided to Installatron is correct and truthful, and all payments made to Installatron are not fraudulent.
   5. The provisions of this Section shall survive the termination of this Agreement.
9. LIMITATION OF LIABILITY
   1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INSTALLATRON WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, BUSINESS INTERRUPTION, OR FOR ANY OTHER SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING, WITHOUT LIMITATION, UNDER ANY CONTRACT, NEGLIGENCE OR OTHER TORT THEORY OF LIABILITY) EVEN IF INSTALLATRON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INSTALLATRON'S AGGREGATE LIABILITY FOR DIRECT DAMAGES, UNDER THIS AGREEMENT (CUMULATIVELY) SHALL BE LIMITED TO THE TOTAL FEES COLLECTED BY INSTALLATRON UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
10. INDEMNIFICATION
    1. You shall indemnify, defend and hold harmless Installatron and its directors, officers, staff, employees and agents and their respective successors, heirs and assigns and Installatron affiliates (and their directors, officers, staff, employees and agents and their respective successors, heirs and assigns) from and against any liability, damage, loss or expense (including reasonable attorneys' fees and expenses of litigation). You will pay any and all costs, damages, and expenses, including, but not limited to, attorneys' fees and costs awarded against or otherwise incurred by Installatron or it affiliates in connection with or arising from any such claim.
11. PAYMENT
    1. Licensee shall pay Installatron the amounts set forth in Licensee's Pricing in accordance with the payment terms contained therein.
12. ACTIVATION RESET
    1. All annual licenses purchased before the 10th of July 2004 will have their activation days reset to that date. This will mark the end of primary software development.
13. MISCELLANEOUS
    1. Force Majeure. No party will be liable for any failure or delay in performance of any of its obligations hereunder if such delay is due to a force majeure event, including acts of God, fires, flood, storm, explosions, earthquakes, general Internet outages, acts of war or terrorism, riots, insurrection or intervention of any government or authority; provided, however, that any such delay or failure will be remedied by such party as soon as reasonably possible. Upon the occurrence of a force majeure event, the party unable to perform will, if and as soon as possible, provide written notice to the other parties indicating that a force majeure event occurred and detailing how such force majeure event impacts the performance of its obligations.
    2. Choice of Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to the conflicts of laws principles thereof.
    3. No Third Party Beneficiaries. Notwithstanding anything to the contrary contained herein, neither the entities whose products Installatron’s Services purports to install, nor the customers of Partner, are intended to be third-party beneficiaries of this Agreement.
    4. Enforcement. Failure to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of any provision will be effective only if in writing and signed by the parties hereto. The waiver of any breach of any provision will not constitute a waiver of any subsequent breach of the same other provisions hereof.
    5. Severability. If any provision is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.
    6. Export Controls. The parties agree to comply fully with all Applicable Laws of the United States, or of any foreign government to or from where a party is shipping, to in connection with the import, export or re-export, directly or indirectly, of Services in connection with this Agreement.