PENTERACT SOFTWARE LICENSE AGREEMENT © Penteract LLC ACCEPTANCE OF TERMS BY USING OR INSTALLING THE SOFTWARE (INCLUDING A TRIAL VERSION), YOU ACCEPT THE TERMS OF THIS LICENSE AGREEMENT. Do not use or install the software unless you accept these terms. GENERAL "Penteract" means Penteract LLC. Penteract reserves the right to change the terms at any time without notice. Headings in this agreement are for convenience only and shall not affect its meaning. DISCLAIMER OF WARRANTY THE SOFTWARE IS PROVIDED "AS IS" AND WITH ALL FAULTS, AND WITH NO WARRANTY. ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, LACK OF NEGLIGENCE, LACK OF MALWARE, LACK OF INTERFERENCE WITH A COMPUTER'S OPERATION, OR OF CORRESPONDENCE TO DESCRIPTION. YOU BEAR ALL RISK OF USING THE SOFTWARE. PENTERACT WILL NOT BE OBLIGATED TO PROVIDE ANY SUPPORT SERVICES FOR THE SOFTWARE. LIMITATION OF LIABILITY IN NO EVENT SHALL PENTERACT OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, SOFTWARE NOT OPERATING AS EXPECTED OR AS SUPPOSED TO, INTERFERENCE WITH A COMPUTER'S OPERATION, BUSINESS INTERRUPTION, LOSS OF DATA, OR LOSS OF PROFITS) RELATED TO THE SOFTWARE, INCURRED BY ANYONE, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) BREACH OF CONTRACT OR BREACH OF WARRANTY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU WAIVE ANY RIGHTS YOU MAY HAVE TO RECOVER THESE DAMAGES, AND YOU WILL NOT SEEK TO RECOVER THEM. PENTERACT'S ENTIRE LIABILITY SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU TO PENTERACT FOR THE SOFTWARE. ALL EXCLUSIONS AND LIMITATIONS OF LIABILITY AND WARRANTY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. TRANSFER OF RIGHTS Penteract shall have the right to transfer the rights for the software without restriction, and thereafter shall have no obligation whatsoever regarding the software in any way. THIS AGREEMENT This agreement is governed by the laws of the State of Delaware regardless of conflict of laws principles. If any provision of it shall be held to be invalid or unenforceable, the others shall remain in full force and effect. This agreement is the entire agreement for the use or installation of the software. LICENSE You may not use the software unless you comply with the terms of this license agreement. You may not use the software unless you have lawfully acquired a license from Penteract. The software is licensed, not sold. Penteract retains ownership of the software and reserves all rights not expressly granted. The license is non-exclusive. The software may not be redistributed in any way. You may not alter or attempt to alter the software in any way (including, but not limited to, circumventing any security measures it may have to prevent unauthorized use). You may not decompile, disassemble, reverse engineer, or in any other way try to derive the source code for the software. The software is not suitable for use in situations where a failure by it might lead to any serious damage (including, but not limited to, personal injury or death). Penteract reserves the right to change the app and update it including (but not limited to) to remove features and functionality LAWS AND REGULATIONS You will comply with any United States export laws and regulations that may pertain to the software. You will refrain from using the software for any purpose prohibited by United States laws including, but not limited to, development of nuclear, chemical or biological weapons. You will refrain from using the software in a manner which infringes on other's copyrights. Penteract reserves the right to comply with any government regulations, court orders, etc. even if they infringe on your privacy and you grant Penteract the right to do so. TRADEMARKS AND COPYRIGHT "Penteract" is a trademark of Penteract LLC. All material is copyrighted. © Penteract LLC. All rights reserved.