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USERGATE 4.x END USER LICENSE AGREEMENT


NOTICE TO USER: :THIS IS A CONTRACT. AT THE END, YOU WILL BE ASKED TO ACCEPT THIS AGREEMENT AND CONTINUE TO INSTALL OR, IF YOU DO NOT WISH TO ACCEPT THIS AGREEMENT, TO DECLINE THIS AGREEMENT, IN WHICH CASE YOU WILL NOT BE ABLE TO USE, INSTALL OR OPERATE THE PRODUCT, AS DEFINED BELOW. BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

  1. This Electronic End User License Agreement (the “Agreement”) is a legal agreement between you (either an individual or an entity), the licensee, and Entensys Corporation (collectively, the “Company”), regarding the software and service titled UserGate 4.0 (“UserGate”) that you about to download, downloaded, or otherwise obtained through other resources or media such as CD-ROMs, floppy disks, or though a network in object code form or other related services, including without limitation a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided (the “Software”), and b) all successor upgrades, revisions, patches, enhancements, fixes modifications, copies, additions or maintenance releases of the Software, if any, licensed to you by the Company (collectively, the “Updates”) provided that the Updates shall not include a new subsequent releases of the UserGate bearing a new first numeral such as 5.0 or 6.0 (“New Releases”) but include any minor revisions of the UserGate version indicated by a change in the decimal numeral, such as 4.1 or 4.2, and c) related user documentation and explanatory materials or files provided in written, “online” or electronic form (the “Documentation” and together with the Software and Updates, the “Product”). You are subject to the terms and conditions of this End User License Agreement whether you access or obtain the Product directly from the Company, or through any other source. For purposes hereof, “you” means the individual person installing, using or Operating the Product on his or her own behalf; or, if the Product is being downloaded or installed on behalf of an organization, such as an employer, “you” means the organization for which the Product is downloaded or installed and it is represented hereby that such organization has authorized the person accepting this agreement to do so on its behalf. For purposes hereof the term “organization,” without limitation, includes any partnership, limited liability company, corporation, association, joint stock company, trust, joint venture, labor organization, unincorporated organization, or governmental authority.

    By accessing, downloading, storing, loading, installing, executing, displaying, copying the Product into the memory of a computer or otherwise benefiting from using the functionality of the Product in accordance with the Documentation (“Operating”), you agree to be bound by the terms of this Agreement. If you do not agree to the terms and conditions of this Agreement, the Company is unwilling to license the Product to you. In such event, you may not Operate or use the Product in any way.

    BEFORE YOU PUT A CHECKMARK by the statement “I agree with the above terms and conditions” and CLICK ON THE “NEXT” BUTTON, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOUR CLICK OF THE “I AGREE” CHECKBOX IS A SYMBOL OF YOUR SIGNATURE AND BY CLICKING ON THE “I AGREE” BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT AND AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE “EXIT” BUTTON AND THE SOFTWARE WILL NOT BE INSTALLED ON YOUR COMPUTER. This Product will not install on your computer unless or until you accept the terms of this Agreement. You may also receive a copy of this Agreement by contacting the Company at: www.enensys.com/contact

    For the purposes of this Agreement, “Company Site” shall mean the Internet website maintained by or on behalf of Company from which the Software is available for download pursuant to a license from Company. The Company Site is currently located at www.entensys.com

  2. Proprietary Rights and Non-Disclosure.

  3. Grant of License.

  4. Restrictions.

  5. NO WARRANTY AND DISCLAIMER.

  6. Notice to U.S. Users.

  7. Your Information and the Company's Privacy Policy.

  8. Miscellaneous.

    Copyright © 2006 Entensys Corporation and its licensors. All rights reserved. The Product, including the Software and any accompanying Documentation, are copyrighted and protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.