End User License Agreement

PRAETORIANS INFORMATION SECURITY

EXCELSHIELD CLIENT-ADD-IN SOFTWARE LICENSE AGREEMENT

NOTICE: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE EXCELSHIELD CLIENT-ADD-IN SOFTWARE ("SOFTWARE") YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON: USE AND TRANSFERABILITY IN SECTION 2; WARRANTY IN SECTION 4; AND LIABILITY IN SECTION 5. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE.

1. Definitions. "Software" means (a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this agreement is provided, including but not limited to (i) Praetorians or third party computer information or software; and (ii) related explanatory written materials or files ("Documentation"); and (b) upgrades, modified versions, updates, additions, and copies of the software, if any, licensed to you by Praetorians (collectively, "Updates"). "Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the software in accordance with the documentation. "Permitted number" means one (1) unless otherwise indicated under a valid license (e.g. volume license) granted by Praetorians. "Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions. "Praetorians" means Praetorians Zelezny GesbR, Linzer Strasse 178/5/6, 1140 Vienna, Austria, a company organized under the laws of Austria.

2. Software License. As long as you comply with the terms of this software license agreement (this "Agreement"), Praetorians grants to you a non-exclusive license to Use the Software for the purposes described in the Documentation.

2.1 Distribution. As long as you comply with the terms of this Agreement, (a) you may install one copy on your file server to distribute and install the Software within your internal network, and (b) you may copy and distribute an unlimited amount of this Software. The copy and distribution process may organized as follows: (i) bundled together with other software programs or with Microsoft® Excel workbooks in electronic form (including, but not limited to, the electronic download of software programs), (ii) bundled together with other software programs or with Microsoft® Excel workbooks on physical media, and (iii) on a stand-alone-basis only on physical media.

2.2 Restrictions. You may not sell the Software or receive any other type of consideration for the Software. Any copy of the Software that you make must contain the same copyright and other proprietary notices that appear on or in the Software.

2.3 You may link to the official website of Praetorians to enable users to download the Software on a stand-alone-basis (contrary to the download within an internal network). All software programs and all websites that link to the Praetorians website may contain (a) no logos or trademarks of Praetorians in original or imitated form, (b) no illegal, pornographic, diffamating, or dangerous contents, no contents that violates the private sphere of third parties and no racist or any other offending contents, and (c) no viruses, trojanic horses, worms, time bombs, cancelbots, or other malicious program code that can be used to damage, disturb, cancel, or illegaly disposses systems, data, or personal information.

2.4 New Versions. If a newer version of the Software is published by Praetorians, you shall not continue to copy and distribute any older versions within six (6) months after the publication.

2.5 No Modifications. You shall not alter, modify, adapt or translate the Software or create a new installer for the Software. You shall not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted to decompile under applicable law, it is essential to do so in order to achieve operability of the Software with another software program, and you have first requested Praetorians to provide the information necessary to achieve such operability and Praetorians has not made such information available. Praetorians has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any such information supplied by Praetorians and any information obtained by you by such permitted decompilation may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software.

2.6 Transfer. You may not rent, lease, sublicense, assign or transfer your rights in the Software, or authorize all or any portion of the Software to be copied onto another user's computer except as may be expressly permitted herein.

3. Intellectual Property Ownership, Copyright Protection. The Software and any authorized copies that you make are the intellectual property of and are owned by Praetorians and its suppliers. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Praetorians and its suppliers. The Software is protected by international law and by international treaty provisions. Except as expressly stated herein, this agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by Praetorians and its suppliers.

4. NO WARRANTY. The Software is being delivered to you "AS IS" and Praetorians makes no warranty as to its use or performance. PRAETORIANS AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, PRAETORIANS AND ITS SUPPLIERS MAKE 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 NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. The provisions of Section 4 and Section 5 shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to Use the Software after termination of this Agreement.

5. LIMITATION OF LIABILITY. IN NO EVENT WILL PRAETORIANS OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A PRAETORIANS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. PRAETORIANS' AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. Nothing contained in this Agreement limits Praetorians' liability to you in the event of death or personal injury resulting from Praetorians' negligence or for the tort of deceit (fraud). Praetorians is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. For further information, please see the jurisdiction specific information at the end of this Agreement, if any, or contact Praetorians' support department.

6. Governing Law. This Agreement will be governed by and construed in accordance with the substantive laws in force in Austria. The respective courts of Austria shall have non-exclusive jurisdiction over all disputes relating to this Agreement. This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

7. Life. This Agreement remains valid until it is terminated. Praetorians has the right to terminate this Agreement (a) in writing without any justification with ninety (90) days' grace or (b) without notice if you do not comply to the terms of this Agreement. In case of such a termination of this Agreement, you shall stop to copy and distribute the Software and any use of the trademark, as well as upon request of Praetorians destroy all your copies of the Software and provide a proof of the destruction.

8. Correspondence. All communication concerning this agreement must be in writing.

9. General Provisions. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by a writing signed by an authorized officer of Praetorians. Updates may be licensed to you by Praetorians with additional or different terms. This is the entire agreement between Praetorians and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.

10. Compliance with Licenses. If you are a business or organization, you agree that upon request from Praetorians or Praetorians' authorized representative, you will within thirty (30) days fully document and certify that use of any and all Software at the time of the request is in conformity with your valid licenses from Praetorians.

If you have any questions regarding this Agreement or if you wish to request any information from Praetorians please use the address and contact information included with this product to contact Praetorians.

Praetorians and ExcelShield are either registered trademarks or trademarks of Praetorians Zelezny GesbR in Germany and/or other countries.