DEFINITIONS: EASYRDP LICENSE ("EasyRDP") REMOTE OFFICE SOLUTIONS (AUST) PTY LTD ("Remote") EASY NETWORKS ("Remote") YOU ("Customer") PRODUCT ("easyRDP") ********************************************************************************** This license applies to the single PC version of EasyRDP(tm). ********************************************************************************** YOUR AGREEMENT TO THIS LICENSE You should carefully read the following terms and conditions before using or installing this software. Your use or installation of EasyRDP indicates your acceptance of this agreement ("License"). If you do not agree to all of the terms and conditions of this License, then: do not copy, install, distribute or use any copy of easyRDP with which this License is included. The terms and conditions of this License describe the permitted use and user(s) of each Licensed Copy of easyRDP. For purposes of this License, if you have a valid single-copy license, you have the right to use a single "Licensed Copy" of easyRDP or, if you or your organisation has purchased valid multiple single-user licenses, then you or your organisation have/has the right to use up to a number of "Licensed Copies" of easyRDP equal to the number of license keys issued by Remote when granting the license. SCOPE OF LICENSE Each Licensed Copy of easyRDP may only be licensed to a single MAC ("Media Access Control") address of a single network interface card ("NIC") that can used by multiple domain users. Each Licensed Copy may be used to access a network, provided that you have purchased rights to use a Licensed Copy for each NIC that will send/receive RDP protocol data packets through the NIC. Each downloaded copy of easyRDP includes our easyRDP image creation program ("easyRDP Writer"), which may be used to create multiple EasyRDP evaluation ("Unlicensed") copies to a floppy disk device. These compressed image files contain, among other things, all files necessary to successfully install easyRDP including copyrighted software, proprietary notices, and identifying information (the "Extracted Software"). You may not alter or modify the Extracted Software, nor permit anyone else to do so. All rights of any kind in easyRDP which are not expressly granted in this License are entirely and exclusively reserved to and by Remote. You may not rent, lease, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, easyRDP nor permit anyone else to do so. You may not make access to easyRDP available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so without the express written permission of Remote. WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS EASYRDP AND ANY AND ALL ACCOMPANYING SOFTWARE, FILES, DATA AND MATERIALS, ARE DISTRIBUTED AND PROVIDED "AS IS" AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. In particular, there is no warranty for the connectivity features of easyRDP (Any computing security device (hardware or otherwise) may be subject to flaws whether known or unknown either currently or in the future). You acknowledge that good data processing procedure dictates that any program, including easyRDP must be thoroughly tested with non-critical data before there is any reliance on it within a production environment, and you hereby assume the entire risk of all use of the copies of easyRDP covered by this License. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO LIABILITY OF ANY KIND WILL BE ACCEPTED BY REMOTE OR IT'S AGENTS. REMOTE WILL BE LIMITED EXCLUSIVELY TO REFUND OF PURCHASE PRICE OF A SINGLE LICENSE. IN ADDITION, IN NO EVENT SHALL REMOTE, OR ITS DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANISATIONS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF EASYRDP OR TO YOUR RELATIONSHIP WITH REMOTE. IN ADDITION, IN NO EVENT DOES REMOTE AUTHORISE YOU OR ANYONE ELSE TO USE EASYRDP IN APPLICATIONS OR SYSTEMS WHERE EASYRDP's FAILURE TO PERFORM CAN REASONABLY BE EXPECTED TO RESULT IN A SIGNIFICANT PHYSICAL INJURY, OR IN LOSS OF LIFE. ANY SUCH USE IS ENTIRELY AT YOUR OWN RISK, AND YOU AGREE TO HOLD REMOTE HARMLESS FROM ANY AND ALL CLAIMS OR LOSSES RELATING TO SUCH UNAUTHORISED USE. GENERAL This License is a non-exhaustive statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This License shall be governed by the laws of the State of Queensland, Australia. Exclusive jurisdiction and venue for all matters relating to this License shall be in courts and fora located in the State of Queensland, and you consent to such jurisdiction and venue. There are no third party beneficiaries of any promises, obligations or representations made by Remote herein. Any waiver by Remote of any violation of this License by you shall not constitute, nor contribute to, a waiver by Remote of any other or future violation of the same provision, or any other provision, of this License. AUSTRALIA AND IT'S TERRITORIES EN excludes all implied conditions and warranties from these Terms, except those implied conditions and warranties (such as those implied by the Trade Practices Act of Australia) the exclusion of which would be illegal or render this clause void ("Non-Excludable Condition"). Except to the extent that the product is deemed to be a service ordinarily acquired for business use, you agree to limit the liability of EN for breach of any Non-Excludable Condition (except any warranty as to title) to re-supplying easyRDP which gave rise to the loss or damage or paying the cost of re-supply. EN limits its liability for breach of these Terms and all loss, damage, costs and expenses suffered or incurred by the Customer in connection with easyRDP [whether arising in contract, tort (including negligence) or under statute] to re-supplying the amount of easyRDP licenses which gave rise to the loss or damage or paying the cost of that re-supply. EN excludes all liability to the Customer [whether arising in contract, tort (including negligence) or under statute] for any indirect or consequential loss and damage including, but not limited to, loss of revenue, profits or business opportunities the Customer may suffer or incur in connection with easyRDP. The Customer indemnifies EN for any costs, expenses, loss or liability directly or indirectly suffered or incurred by EN arising from the Customer's breach of these Terms or the Customer's use or misuse of easyRDP. **********************************************************************************