SPECTORSOFT SOFTWARE LICENSE AGREEMENT

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (THIS "LICENSE") CAREFULLY. BY USING OR COPYING THE COMPUTER PROGRAMS AND ASSOCIATED DOCUMENTATION (COLLECTIVELY, THE "SOFTWARE"), YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE OR COPY THE SOFTWARE.

SpectorSoft Owns the Software

The Software is owned exclusively by SpectorSoft Corporation ("SpectorSoft"). The price paid by you for the Software is only for a license fee granting you only the rights set forth in this License. The rights granted in this License are limited to SpectorSoft's intellectual property rights in the Software and do not include any other patents or intellectual property rights.

You are Only Granted a Limited, Non-Exclusive and Revocable License to the Software

SpectorSoft grants to you, and you accept, a limited, non-exclusive and revocable license to use the Software, in machine-readable, object code form only. You shall only use the Software only as authorized in this License. This License does not convey to you any ownership rights or any other interest in the Software.

Scope of License

This License allows you to install and use one copy of the Software on a single computer running Microsoft Windows Server operating systems.

A valid license must be purchased for each computer on which the Software is installed.

This Software is not licensed for use on computers which virtualize computer desktops to simulate multiple computers (i.e. Citrix, VMware, or Windows Terminal Server). This Software is not licensed for use in monitoring software applications that are published to users across a network (i.e. Citrix or Windows TS Remote App).

You may make one copy of this Software solely for backup or archival purposes; provided that the backup copy must include all copyright or other proprietary notices contained on the original. Except as permitted in the previous sentence, you may not copy, adapt, translate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software or any part thereof. You shall use all reasonable efforts to protect the Software from unauthorized use, modification, reproduction, distribution or publication. You may not lend, rent, lease or sublicense the Software or make any uses or copies of the Software that are not specifically authorized by the terms of this License Agreement.

Term

This license will become effective on the date you acquire the Software and will remain in force until terminated. You may terminate the license, at any time, by removing the Software from your computer and destroying the original Software. This License will automatically terminate if you breach any of the terms or conditions set out in this License. Upon termination of this License for any reason, you shall immediately cease all use of the Software, remove the Software from your computer, and either destroy the original Software and all copies of the Software or return the Software to SpectorSoft.

Transfer

Once you have installed the software on a computer, you may not transfer your license to another party. Provided the Software has not been installed on a computer, you may make a one-time permanent transfer of all of your license rights to the Software to another party, provided that: (a) the transfer must include all of the Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Software reads and agrees to accept the terms and conditions of this License. Any transfer of possession of the Software terminates your License and all associated benefits under this License. You must notify SpectorSoft in writing or by email of such transfer. All other copies of the Software must be deleted and/or destroyed.

You may not transfer your license to another party by selling or transferring ownership of the computer on which the Software is installed. The Software must first be uninstalled from any computer on which the Software is installed before transferring ownership of the computer. Your license is terminated upon sale or transfer of the computer on which the Software is installed.

You may not install the Software on another computer even if the Software is removed from the original computer on which it was installed, unless the new installation is done on a computer that is replacing the original computer. The original computer must be taken out of service. You may not install the Software on one computer, uninstall the software from the computer, and then install the Software on another computer, without purchasing a license for each computer the Software is installed.

If this license is an update or upgrade to a previously purchased license, the previously purchased license is terminated and may not be transferred to another party nor to another computer.

Use of Software

You shall inform anyone who you may record using the Software that their Internet and computer activity is subject to being recorded and archived.

You shall install this software ONLY on a computer that you own or on a computer which you have been given explicit permission to install. You shall NOT install this software on any computer you do not own or on any computer you have not been given permission to install.

Consent to Use of Data

You agree that SpectorSoft may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, which is gathered periodically to facilitate licensing, software updates, product support and other services related to Software. SpectorSoft may use this information to improve our products, enforce licensing, or to provide services to you. The services provided to you include the ability to remotely configure your Software settings via a SpectorSoft customer portal. SpectorSoft will not provide this information to any third parties unless compelled by law enforcement.

SpectorSoft does not collect nor access any of the activities or events recorded on your computer by the Software, though recorded activities and events may transit SpectorSoft servers if your Software is configured to provide remote access to recorded data.

Limited Warranty

SpectorSoft warrants the physical program media to be free from, defects for a period of 90 days from the date of your original purchase. If you notify SpectorSoft of defects during the warranty period, SpectorSoft will replace the defective program media or, at its option, refund the purchase price. Your remedy for breach of this warranty shall be limited to replacement or refund and shall not encompass any other damages. No dealer, distributor, agent or employee of SpectorSoft is authorized to make any modification or addition to the warranty and remedies stated above.

THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE PHYSICAL PROGRAM MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.

Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SPECTORSOFT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SPECTORSOFT DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SPECTORSOFT SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SPECTORSOFT BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF SPECTORSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

In no event shall SpectorSoft's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Controlling Law and Jurisdiction and Venue

This License will be governed by and construed in accordance with the laws of the State of Florida. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Any civil action or legal proceeding arising out of or relating to this Agreement shall be brought in the courts of record of the State of Florida in Indian River County or the United States District Court, Southern District of Florida, West Palm Beach Division. You and SpectorSoft consent to the jurisdiction of such court in any such civil action or legal proceeding and waive any objection to the laying of venue of any such civil action or legal proceeding in such court.

Severability

If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

Complete Agreement

This License constitutes the entire agreement between you and SpectorSoft with respect to the use of the Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by SpectorSoft. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.

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