FIREDAEMON END USER LICENSE AGREEMENT (EULA) REVISION 2.3 - October 2008 You should carefully read this End User License Agreement ("Agreement") prior to using, installing, copying or duplicating any FireDaemon Technologies Limited ("FDT") software products named FireDaemon Pro, FireDaemon Trinity, FireDaemon Pro OEM, FireDaemon Trinity OEM or PanelDaemon ("Software"). By downloading or copying or installing or using the Software you implicitly agree to all terms and conditions as set out within this Agreement and terms of use set out below. This Agreement applies to all versions of the software whether current or obsolete, supported or unsupported. MANUFACTURER AND MARKETER FireDaemon is manufactured and marketed by: FireDaemon Technologies Limited St John's Innovation Centre Cowley Road Cambridge Cambridgeshire CB4 0WS United Kingdom EMail: enquiries@firedaemon.com FireDaemon Technologies Limited is a registered company in England and Wales with company number 5901601. All correspondence regarding this Agreement should be directed to the address above. COPYRIGHT AND TRADEMARK Copyright (c) 1999-2008 FireDaemon Technologies Limited All rights reserved. FireDaemon (R) is a registered trademark of James Bourne in the USA and other countries. This Software product is a copyrighted work and is protected by international copyright laws and treaties. This Software product is licensed, not sold. It is, and shall remain at all times, the absolute and unrestricted property of FDT. Nothing in this Agreement shall prejudice, impair, jeopardize or otherwise adversely affect the rights of FDT as sole and exclusive owner of the Software. WARRANTY DISCLAIMER All efforts have been made to ensure that the Software is free from defects. The Software (including any and all accompanying software, files, data, and materials) are distributed and provided "as is" without any warranty whatsoever implied or otherwise. INDEMNITY AND SPECIAL CONDITIONS You ("the Client") hereby indemnify FDT (including all agents, distributors, sub-contractors, affiliates, branches, outlets and any other persons or companies associated with FDT worldwide) against any damages or claims that may arise from the use or misuse of the Software. Under no circumstances does FDT authorise you to use the Software in applications or systems where the Software's failure to perform can reasonably be expected to result in a significant physical injury or loss of life. Any such use by you is entirely at your own risk, and you agree to hold FDT harmless from any and all claims or losses relating to such unauthorised use. GENERAL TERMS OF USE You cannot sell or market or rebrand or rebadge the Software and then attempt claim it as your own. You cannot ask for or attempt to claim any distribution fees or donations from any commercial or non-commercial entity by supplying them with any form of the Software that can be legally freely redistributed. The Software cannot be used for any purpose, related or otherwise that involves any illegal or unauthorised attempt to gain access to any computer system, any act of racism, vandalism, persecution, terrorism, general provoked or unprovoked aggression or war nor any other illegal, malicious or criminal activity. The Software in all forms cannot be included as part of a saleable or commercial product distribution from which fees or royalties of any kind are derived without prior written consent from FDT. Further, you may not modify, enhance, supplement, create any derivative work from, adapt, translate, reverse engineer, decompile, disassemble or otherwise reduce the Software to human readable form. SPECIFIC TERMS OF USE AND REDISTRIBUTION The Software is supplied in three forms: 1. Commercial Supported which includes the following products: FireDaemon Pro GA (All Versions) FireDaemon Trinity GA (All Versions) 2. Commercial Redistributable Supported which includes the following products: FireDaemon Pro OEM GA (All Versions) FireDaemon Trinity OEM GA (All Versions) 3. Free Open Source Unsupported PanelDaemon (All versions) For the purposes of this license a non-commercial entity is defined as any individual, educational institution, charity or humanitarian organisation. For the purposes of this license a commercial entity is defined as any corporation registered or otherwise that derives or attempts to derive substantial commercial and monetary gain and benefit from its efforts and endeavours. This includes all Government and Military entities. Commercial Supported Software may only be used after the appropriate registration fees have been paid for in full by any commercial or non-commercial entity. Commercial Supported Software cannot be redistributed. The commercial or non-commercial entity must be in possession of a license for each and every workstation or server on which the Commercial Supported Software is installed. The Commercial Supported Software can only be installed on workstations or servers owned or leased or operated by or on behalf of the licensee. End User Host Licensing: In this case the software is licensed on a per server or workstation basis. A single license is required for each server or workstation irrespective of the number of client computers connecting to each server or worstation. If you intend to install FireDaemon Pro on five (5) servers or workstations you will need to purchase five (5) copies of the software. Should you inadvertently or otherwise install the Commercial Supported Software on a workstation or server for which you do not have a license then you must either uninstall it or purchase one or more licenses to make up the shortfall. End User Unlimited Licensing: In this case the Software is licensed to the commercial or non-commercial entity for use across an unlimited number of workstations and/or servers owned or rented directly by any division of the entity globally. This license is not implicitly transferrable to subsidiary or parent entities nor by indirect association with a third party entity. Commercial Redistributable Supported Software may only be used after the appropriate registration fees have been paid for in full. Commercial Redistributable Software gives you the right to distribute, royalty free, the Software as an integrated part of your product or platform. There are no limits placed on the number of times the Software can be redistributed. However, the Software cannot be offered as a standalone add-on nor as a chargeable add-on. Free Open Source Unsupported Software can be used and redistributed free of charge providing the terms and provisions in the GNU General Public License Version 3 are abided by: http://www.gnu.org/licenses/gpl.txt. TRANSFER A license can be transferred from the original licensee to a third party by advising FDT of the transfer in writing. This transfer can occur only once and cannot be perpetuated. Upon transfer all obligations of the original licensee are terminated and transferred to the new owner. The original licensee will immediately cease using the Software. The Commercial Redistributable Supported Software license cannot be transferred under any circumstances. TERMINATION If you fail to comply with any of the provisions contained herein, FDT shall have the right to terminate this Agreement immediately without prior notice or legal proceeding. FDT shall have the right to commence the appropriate legal proceeding in order to recover costs, losses and damages as a result of the failure to comply. Upon termination, you must immediately discontinue the use and redistribution of the Software.