Kerio Technologies Inc. End-User License Agreement For Beta Products

IMPORTANT -- BY DOWNLOADING OR INSTALLING THE SOFTWARE, YOU ARE INDICATING YOUR ASSENT TO THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING TERMS, DO NOT DOWNLOAD OR INSTALL THE SOFTWARE OR DISCONTINUE USE IMMEDIATELY AND DESTROY ALL COPIES. -- PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE PROCEEDING. THIS LICENSE AGREEMENT ("AGREEMENT") CONTAINS WARRANTY AND LIABILITY DISCLAIMERS.

1. Products listed in the Beta Section ("Beta Products") are under development and are for testing purposes only.

2. You may download and use the Beta Products for free for a limited time ("Testing Period"). During the Testing Period, Kerio Technologies grants you a limited, non-exclusive license to use the Software for testing purposes and only for internal use. The expiration date of the Testing Period is usually indicated on Kerio Technologies website (http://www.kerio.com/). If no such expiration date is indicated, the Testing Period will expire when a newer version of the Beta Product is released by Kerio Technologies or, if no newer version is released, when the final version of the Beta Product becomes available for sale on our website.

3. You may not make copies of the Software, nor distribute them. You may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. You may not modify, adapt, translate the Software or any parts thereof, or create derivative works based on the Software. You may not sell, rent, lease, sublicense, transfer, resell for profit or otherwise distribute the Software or any part thereof.

4. No technical support is available for Beta Products. However, we welcome your comments and/or suggestions. Please refer to our website for e-mail address.

5. Kerio Technologies retains any and all rights, title and interest in and to the Beta Products and all copies thereof, including copyrights, patents, trade secret rights, trademarks and other intellectual property rights. The structure, organization and code of the Beta Products are valuable trade secrets and confidential information of Kerio Technologies.

6. Disclaimer of Warranties.
THEREFORE, BETA PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS. KERIO TECHNOLOGIES MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

7. Limitation of Liability.
IN NO EVENT SHALL KERIO TECHNOLOGIES BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU AS A RESULT OF USING THE BETA PRODUCTS. KERIO TECHNOLOGIES WILL NOT BE RESPONSIBLE FOR ANY LOSS OF DATA, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND RELATED TO THE BETA PRODUCT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

8. General
8.1. You may not export or re-export, directly or indirectly, the Software into any country prohibited by the United States regulations. By downloading or installing the Software, you are certifying that you are not a national of any country subject to United States embargo, such as but not limited to Cuba, Iran, Iraq, North Korea, Sudan, Libya, Syria, and that you are not otherwise prohibited from using the Software.

8.2. If any provision hereof shall be held illegal, invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid and enforceable, and the legality, validity and enforceability of all other provisions of this Agreement shall not be affected.

8.3. This Agreement is governed by the internal laws of the State of California, USA, to the exclusion of any conflict of laws rules. All disputes relating to this Agreement will be brought before the applicable courts in the Santa Clara County, California, USA, and you agree to submit to exclusive personal jurisdiction therein. The parties agree that the Uniform Computer Information Transaction Act (or any statutory implementation of it) and the United Nations Convention on the International Sale of Goods will not apply with respect to this Agreement or the parties� relationship.

8.4. This Agreement contains the entire agreement between Kerio Technologies and you relating to the Software and supersedes all prior agreements and understandings, whether oral or written. All questions concerning this Agreement shall be directed to: info@kerio.com.

Last updated on Sep. 12, 2002.