End-User License Agreement

PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE. BY INSTALLING AND/OR USING THE SOFTWARE, OR IN THE CASE OF THE END USER BEING A UNIT OR AGENCY OF THE UNITED STATES GOVERNMENT, BY EXECUTING AN ORDER FOR THE SOFTWARE, YOU ARE AGREEING THAT YOU HAVE READ, UNDERSTAND AND SHALL BE BOUND BY THE TERMS OF THIS LICENSE (the “License”).

1. Title. The software accompanying this License and updates thereto (hereinafter referred to as “Software”) and the related Documentation (“Documentation” means user guides, installation guides, manuals, and release notes for the Software) are provided to you by REDCOM Laboratories, Inc. (“REDCOM”). You own the medium on which the Software is recorded, but REDCOM and REDCOM’s licensors retain title to the Software and related Documentation unless otherwise expressly set forth herein.

2. (a) Open-Source Components. The Software includes and uses open-source software in the form of libraries, packages, and components (collectively, the “OSS Libraries”) which may be licensed under various open-source licenses, including, but not limited to, the Mozilla Public License, the Common Development and Distribution License, the Apache License, the GNU General Public License, and the GNU Lesser General Public License. Said OSS Libraries, in both source code form and executable form, and the use thereof are licensed to you by the original authors, or by REDCOM as the case may be, solely under the terms of the corresponding open-source licenses, with the exception that the OSS Libraries in executable form, as delivered in the Software, are covered under any limited warranty and/or support agreements with REDCOM regarding the Software, if any such agreements exist. Inclusion of the OSS Libraries in the Software in no way shall be deemed, expressly or implicitly, to grant any rights to REDCOM’s proprietary portions of the Software other than as are expressly set forth in this License.

(b) REDCOM Sigma OSS. Source code for the OSS Libraries, including copies of the corresponding open-source licenses, can be obtained by choosing to install it when prompted to do so by the Software’s installer and then logging in and browsing to /usr/src, /usr/ports, and /usr/share.

(c) REDCOM Sigma Client OSS. Copies of the open-source licenses corresponding to the OSS Libraries can be viewed by selecting the “Legal Notices” link on the Software’s “About” screen. As required by the open-source licenses corresponding to certain of the OSS Libraries, source code for those OSS Libraries is available from REDCOM upon request.

3. License. The Software, regardless of the media on which it is distributed, and the related Documentation are licensed to you by REDCOM. Notwithstanding the restrictions set forth herein, REDCOM expressly grants you, and in the case of an entity your employees, the rights to: (i) install and use the Software on a single device, computer, or virtual machine; (ii) make one copy of the Software for backup purposes only. You must reproduce on such copy REDCOM’s copyright notice and any other proprietary legends that were on the original copy of the Software; (iii) with REDCOM’s express written permission, transfer all your license rights in the Software, the backup copy of the Software, the related Documentation and a copy of this License to another party, provided the other party reads and agrees in writing to accept the terms and conditions of this License. A copy of any such acknowledgement shall be provided to REDCOM upon request; (iv) copy and modify the examples provided in the REDCOM Sigma API documentation for use within applications designed to utilize the REDCOM Sigma API; and (v) copy and modify any file within the Software expressly marked by REDCOM as a “User Customizable Module”, provided that any resulting file (“Customized File”) retains the REDCOM copyright notice and reference to this License and that such Customized Files are used only in conjunction with the Software. This License grants you rights in a single instance of the Software. Notwithstanding the one backup copy allowed above, this License shall not be deemed, expressly or implicitly, to grant any rights to duplicate the Software or related Documentation in whole or in part. To install or use multiple instances of the Software, multiple licenses are required. To acquire licenses for additional instances of the Software, contact REDCOM or a REDCOM authorized representative.

4. Restrictions. The Software contains trademarks, copyrighted material, trade secrets, trade dress, logos, domain names, patentable material and other proprietary material (“REDCOM IP”). In order to protect them, and except as permitted by applicable legislation or treaties you may not: (i) decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form; or deliver it to anyone who you have reason to believe intends to do so; (ii) modify, network, rent, lend, loan, assign, distribute or create derivative works based upon the Software or Documentation in whole or in part without REDCOM’s express written permission; or (iii) use or reproduce any REDCOM IP in conjunction with any product or service not owed by REDCOM. You are not permitted to remove, modify or alter any REDCOM IP from any part of the Software and/or Documentation or use or attempt to use REDCOM IP in any manner contrary to this License or to register any REDCOM IP without REDCOM’s express written permission which may be granted or denied in REDCOM’s sole discretion.

5. Termination. This License is effective until terminated. You may terminate this License at any time by destroying the Software, Customized Files, related Documentation, and all copies thereof, removing the Software from your hardware. When the end user is not an instrumentality of the United States government, this License will terminate immediately without notice from REDCOM if you fail to comply with any provision of this License. When the End User is a unit or agency of the United States Government, recourse against the United States for any alleged breach of this Agreement must be brought as a dispute under the contract Disputes Clause (Contract Disputes Act). During any dispute involving an end user that is a unit or agency of the United States government under the Disputes Clause, REDCOM shall proceed diligently with performance of this Agreement, pending final resolution of any request for relief, claim, appeal, or action arising under the Agreement, and comply with any decision of the Contracting Officer. Upon termination you must destroy the Software, Customized Files, related Documentation, and all copies thereof and remove the Software from your hardware. In either such event, you agree to provide REDCOM written assurance you have complied with your obligations under this Section.

6. Export Law Assurance. You agree and certify that none of the Software, Customized Files, Documentation, or any other technical data received from REDCOM, nor the direct product thereof, will be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States. If the Software, Documentation or any other technical data received from REDCOM has been obtained by you outside of the United States, you agree that you will not re-export or re-transfer the Software nor any other technical data received from REDCOM, nor the direct product thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained the Software.

7. Government End Users. If you are acquiring the Software on behalf of any unit or agency of the United States Government other than for acquisitions pursuant to the GSA Schedules Program, the following provisions apply. The Government agrees the Government’s rights in the Software and its Documentation will be as defined in Clause 52.227-14 (“Rights in Data”). If you are acquiring the Software on behalf of any unit or agency of the United States Government not pursuant to the GSA Schedules Program, the Government agrees that the Government’s rights in the Software and its Documentation will be defined in Clause 52.227-14 (“Rights in Data”).

8. Limited Warranty and Disclaimer of Warranty. In the case of the end user being a unit or agency of the United States government, REDCOM warrants that the software will, for a period of sixty (60) days from the date of your receipt, perform substantially in accordance with software written materials accompanying it. except as expressly set forth in the foregoing, For all other Users, except for a separate written agreement that may exist between you and REDCOM regarding a limited warranty on the Software, you expressly acknowledge and agree that use of the Software is at your sole risk and the Software and all related Documentation are provided “AS IS” and without any other warranty of any kind and REDCOM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. REDCOM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. FURTHERMORE, REDCOM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY REDCOM OR REDCOM’S AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT REDCOM OR REDCOM’S AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

9. Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL REDCOM, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, DATA, AND THE LIKE) ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE REDCOM OR OPEN-SOURCE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF REDCOM OR REDCOM’S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Except in the case of fraud, death or personal injury or in the case of any liability that may not be excluded or limited by law, in no event shall REDCOM’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for the Software, if any.

10. Use. You agree that you will not: (i) use the Software or Documentation in any manner inconsistent with this License or the related Documentation; (ii) use the Software or Documentation in conjunction with any illegal or hazardous activity; (iii) provide the Software or Documentation to any prohibited person or entity; (iv) utilize the Software or provide third-party or end user services until such time as you have obtained all required federal, state and local licenses, if any, and have complied with all applicable regulations, all of which shall be your sole responsibility.

11. Support. Except for a separate written agreement that may exist between you and REDCOM regarding support for the Software, this License shall not be deemed, expressly or implicitly, as an offer of support services from REDCOM nor as an obligation on the part of REDCOM to provide any support for the Software.

12. Controlling Law and Severability. In the case of the end user being a unit or agency of the United States government, this License shall be governed by and construed in accordance with the Federal laws of the United States. For all other Users, this License shall be governed by and construed in accordance with the Federal laws of the United States and the State of New York, as applied to agreements entered into and to be performed entirely within New York between New York residents. If for any reason a court of competent jurisdiction finds any provision of this License or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.

13. Complete Agreement. Except for a separate written agreement that may exist between you and REDCOM regarding the Software, this License constitutes the entire agreement between the parties with respect to the use of the Software and the related Documentation and supersedes all other prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of REDCOM.

14. Attorneys’ Fees and Costs. Except in cases of the end user being unit or agency of the United States government, You agree to pay REDCOM all reasonable attorneys’ fees and costs REDCOM incurs in enforcing this License and any cost and damages that result from your breach of this License.