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RiftVault Software License Agreement

Version 1.0 Copyright © 2008 EdgeRift, Inc. All rights reserved. Specifications are subject to change without notice.
IMPORTANT -- READ THIS BEFORE DOWNLOADING, INSTALLING, COPYING, ACCESSING OR OTHERWISE USING THE SOFTWARE. BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, OR OTHERWISE USING THE SOFTWARE ACCOMPANYING THIS LICENSE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE. READ ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT PRIOR TO INSTALLING OR USING THE SOFTWARE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS DO NOT DOWNLOAD, INSTALL, COPY, ACCESS OR OTHERWISE USE THE SOFTWARE. IF YOU HAVE ALREADY DOWNLOADED OR INSTALLED THE SOFTWARE, YOU MUST DELETE THE SOFTWARE FROM YOUR HARDWARE. YOU MAY PROMPTLY RETURN THE SOFTWARE (IF APPLICABLE) FOR A FULL REFUND IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. PLEASE NOTE THAT YOU MAY NOT USE, COPY, MODIFY OR TRANSFER THE SOFTWARE OR DOCUMENTATION OR ANY COPY, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT.

RiftVault ("Software") is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
IMPORTANT -- READ CAREFULLY:

Any software that is made available to download ("Software") is the property of EdgeRift, Inc. ("EdgeRift").

By installing RiftVault ("Software") Licensee ("You") agrees to be and is hereby bound by the terms of this Software License Agreement ("Agreement"). If Licensee does not agree to the terms of this Agreement, Licensee must promptly destroy all copies of the Software and accompanying documentation ("Documentation"). Certain portions of this Agreement restrict Licensee's rights and impose certain obligations with respect to such third party software. The software and documentation accompanying this License ("Software") are licensed, not sold, to You by EdgeRift for use only under the terms of this License, and EdgeRift reserves any rights not expressly granted to You.
Unless explicitly stated in writing, EdgeRift does not grant permission to distribute RiftVault for profit in any form, including but not limited to, electronic information service distribution, bulletin board distribution, and magnetic or optical medium distribution. Non-profit distribution of the software is acceptable without prior written notice, providing that the software is not modified in any way, and that the complete works of the software are included in the distribution package.

I. GRANT OF LICENSE.
EdgeRift hereby grants to Licensee a non-exclusive license to the Software and Documentation subject to the following terms: Licensee may: (i) use only one (1) copy of the Software on a single (1) computer at a time; (ii) make up to five copies of the Software in machine-readable form for backup purposes only, provided that the backup copy includes all copyright or other proprietary notices contained on the original.

Licensee may not: (i) allow Software to exist on more than one (1) computer at a time; (ii) make the Software available over a network where it could be used by multiple computers at the same time; (iii) permit other individuals to use the Software; (iv) modify, adapt, translate, reverse engineer, decompile, disassemble (except and only to the extent expressly permitted by applicable law) or create derivative works based upon the Software or Documentation or any part thereof; (v) copy this Software or Documentation (except for back-up purposes); (vi) rent, lease, loan, transfer, or otherwise transfer rights to the Software or Documentation; or (vii) remove any proprietary notices or labels on the Software or Documentation.

The Software is not intended for use in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control systems, life support machines or other equipment in which the failure of the Software could lead to death, personal injury, or severe physical or environmental damage.

EdgeRift reserves the right to refuse support and maintenance updates to any party whose product key is found by EdgeRift to be distributed to the public at large (such as on websites, forums, etc...). If this occurs, EdgeRift will take immediate steps to protect RiftVault, up to and including deactivation of Your license and legal proceedings against You. RiftVault contains trade secrets and confidential information which are proprietary to EdgeRift. Their use or disclosure in whole or in part without the express written permission of EdgeRift is prohibited.

This license does not constitute or imply a waiver of any intellectual property rights. This license does not transfer, assign, or convey any intellectual property rights (e.g., it does not transfer ownership of copyrights or trademarks). This license does not grant Licensee any right to any enhancement or update.

II. DUPLICATE COPIES.
If Licensee receives the first copy of the Software electronically and a second copy on media the second copy may be used for archival purposes only and may not be transferred to or used by any other individual.

III. SOFTWARE TITLE.
Title, ownership, rights, and intellectual property rights in and to the Software and Documentation shall remain with EdgeRift or its suppliers. The Software is protected by the copyright laws of The United States of America and international copyright treaties. Title, ownership rights and intellectual property rights in and to the content accessed through the Software and any accompanying documentation is the property of the applicable content owner and may be protected by applicable copyright or other law. This license gives Licensee no rights to such content.

IV. CONFIDENTIALITY.
By virtue of this agreement, the parties may have access to information that is confidential to one another ("Confidential Information"). Confidential Information shall be limited to the Software Products and all information clearly marked as confidential.

A party's Confidential Information shall not include information which (a) is or becomes a part of the public domain through no act or omission of the other party; or (b) was in the other party's lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; or (c) is lawfully disclosed to the other party by a third party without restriction on disclosure; or (d) is independently developed by the other party. Results of any tests run by You may not be disclosed outside of Your organization without permission in writing from EdgeRift.

The parties agree, both during the term of this Agreement and for a period of two years after termination of the Agreement and of all licenses granted hereunder, to hold each other's Confidential Information in confidence. The parties agree not to make each other's Confidential Information available in any form to any third party or to use each other's Confidential Information for any other purpose than the implementation of this Agreement. Each party agrees to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees or agents in violation of the provisions of this Agreement.

V. EXPORT/IMPORT LAW ASSURANCES.
You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries (currently Cuba, Iran, North Korea, Sudan and Syria), or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Software You represent and warrant that You are not located in, under control of, or a national or resident of any such country or on any such list.

RiftVault implements cryptographic algorithms (SHA 256, AES 256) that are regulated (e.g., subject to export/import control regulations) or illegal in some countries. It is solely Your responsibility to verify that it is legal to import and/or re-export and/or use this product in countries where You intend to use it and/or to which You intend to import it and/or from which You intend to export it, and it is solely Your responsibility to comply with any applicable regulations, restrictions, and laws.

The following countries may have stronger regulations than most regarding cryptographic technology (although this list may be incomplete): Armenia, Belarus, Brunei Darussalam, Czech Republic, China, Egypt, Hungary, India, Iran, Iraq, Israel, Kazakhstan, Malta, Moldova, Mongolia, Myanmar (Burma), Pakistan, Poland, Russia, Singapore, South Africa, South Korea, Tunisia, Turkmenistan, Ukraine, Uzbekistan, and Vietnam.

You shall indemnify, defend and hold all authors/coauthors of this product, their agents and associates, and applicable copyright/trademark owners, harmless from/against any liability, loss, expense, damages, claims or cause of action, arising out of Your use, inability to use, copying, distribution/redistribution, import and/or export/re-export of this product (or portions thereof) and/or Your breach of any terms of this license.

V. DISCLAIMER OF WARRANTY.
Product is deemed accepted by Recipient. The PRODUCT is provided AS IS WITHOUT WARRANTY OF ANY KIND (EXPRESS OR IMPLIED). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EDGERIFT FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SHOULD THIS PRODUCT PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

THE USE OR PERFORMANCE OF THE PRODUCT AND DOCUMENTATION REMAINS WITH RECIPIENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EDGERIFT OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF EDGERIFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE OR AGAINST INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS BY THE SOFTWARE. EDGERIFT DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EDGERIFT OR AN EDGERIFT AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO RECIPIENT. IF THE ABOVE LIMITATION DOES NOT APPLY IN FULL, EDGERIFT’S TOTAL LIABILITY TO YOU FOR DAMAGES FOR ANY CAUSE, HOWSOEVER CAUSED (WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORT, UNDER STATUTE OR OTHERWISE HOWSOEVER ARISING) WILL BE LIMITED TO THE GREATER OF U.S. $5.00 OR THE MONEY PAID FOR THE SOFTWARE THAT CAUSED THE DAMAGES. THE PARTIES AGREE THAT THIS LIMITATION OF REMEDIES AND DAMAGES PROVISION SHALL BE ENFORCED INDEPENDENTLY OF AND SURVIVE THE FAILURE OF ESSENTIAL PURPOSE OF ANY WARRANTY REMEDY. THIS LIMITATION WILL NOT APPLY IN CASE OF DEATH OR PERSONAL INJURY CAUSED BY EDGERIFT’S NEGLIGENCE ONLY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATION OF LIABILITY IN THIS SECTION MAY NOT APPLY TO YOU. NOTHING IN THIS LICENSE AFFECTS OR PREJUDICES THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING THE SOFTWARE OTHERWISE THAN IN THE COURSE OF A BUSINESS.

IN NO EVENT WILL EDGERIFT, ITS PARENT, SUBSIDIARIES, OR ANY OF ITS LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES OF ANY OF THE FOREGOING BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) OR DIRECT LOSS OF BUSINESS, BUSINESS PROFITS OR REVENUE, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS, REGARDLESS OF THE BASIS OF THE CLAIM (WHETHER UNDER CONTRACT, NEGLIGENCE OR OTHER TORT OR UNDER STATUTE OR OTHERWISE HOWSOEVER ARISING) AND EVEN IF EDGERIFT OR AN EDGERIFT REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

VI. TERMINATION.

This license shall terminate automatically if You fail to comply with the limitations described in this license. No notice shall be required to effectuate such termination. On termination You must destroy all copies of the Software and Documentation.

VI. ENTIRE AGREEMENT:

This agreement constitutes the complete and exclusive agreement between EdgeRift and You with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. This agreement may not be modified except in writing duly signed by an authorized representative of EdgeRift and You. If there is a local subsidiary of EdgeRift in the country in which this License was purchased, then the local law in which the subsidiary sits shall govern this License. Otherwise, this License shall be governed by the laws of the United States and the State of Nevada. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods (1980), as amended, is specifically excluded from application to this License. You acknowledge and agree that You have not relied on any representations made by EdgeRift, however, nothing in this License shall limit or exclude liability for any representation made fraudulently. No amendment to or modification of this License will be binding unless in writing and signed by EdgeRift. If any provision of this License shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect. No failure or delay by EdgeRift in exercising its rights or remedies shall operate as a waiver unless made by specific written notice. No single or partial exercise of any right or remedy of EdgeRift shall operate as a waiver or preclude any other or further exercise of that or any other right or remedy.

If You are not sure whether You understand all parts of this license or if You are not sure whether You can comply with all terms of this license, You must not use, copy, modify, create derivative works of, nor distribute/redistribute this product, nor any portions thereof. You should consult with a lawyer.

If (in relevant context) any provision of this license is unenforceable, invalid, or prohibited under applicable law in Your jurisdiction, You have no rights under this license and You must not use, copy, modify, create derivative works of, nor distribute/redistribute this product, nor any portions thereof.

If any provision of this license, or a portion thereof, is found to be invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of this license, and such invalid or unenforceable provision shall be construed to reflect the original intent of such provision and shall be enforced to the maximum extent permitted by applicable law so as to effect the original intent of such provision as closely as possible.

I agree to the RiftVault License Agreement and do not reside in, and will not be exporting the software into, (or to a national or resident of) any U.S. embargoed countries (currently Cuba, Iran, North Korea, Sudan and Syria), or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List.