Cyberhawk 2.0.3

EULA - End User License Agreement

END USER LICENSE AGREEMENT (EULA): TERMS AND CONDITIONS OF USE

IMPORTANT NOTICE. This license agreement is a legal agreement between you (either an individual or a legal entity) and Novatix Corporation, or any subsidiaries of Novatix Corporation (if any), and its suppliers ("NOVATIX"). By installing or using this Software (defined below) in any way you acknowledge and unconditionally agree that you have read, understand and agree to the terms of this agreement. If you do not agree to these terms, do not install or use this Software in any way.

LICENSE GRANT. NOVATIX grants you a personal, limited, non-exclusive license to use this software and related documentation (collectively, the "Software") for only your personal use in accordance with the documentation provided with the Software and as provided herein. If you have purchased a Single User License, you may install and use one copy of the Software on a single personal computer or workstation. The Software is in "use" on a single computer when it has been loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk or other storage device) of that computer. If you have purchased a Multiple User License in conjunction with a Single User License, you may install and use the Software on the number of computers authorized at the time of purchase. The basic, or free, version of the Software is intended exclusively for personal, private, and non-commercial use on a home computer only and may not be used within any organization or for commercial or professional purposes without prior written consent from Novatix.

SOFTWARE USE. The Software is designed to block malicious behaviors on your computer. If a potentially malicious behavior is detected, the Software will prompt an action to "Allow" or "Deny" the process in question. If you have the Community Protection option in the Software set to "On" then information regarding this event is collected and transmitted to Novatix. This information may include the reason a program alert triggered, the history of relevant events that led to the event, the decision you made regarding this alert, and a copy of the file that triggered the alert. This data is transmitted solely for research and analysis purposes to aid in determining whether a process is malicious in nature. Sample malware files collected may be shared with other security providers for the sole purpose of creating signatures to protect against further spread of the specific threats. All information and file samples are held completely confidential and are not tracked back to individual users. Each installation of the Software is also associated with a unique anonymous identifier that does not include any personal data and is used solely to help track the total number of active users.

OTHER RESTRICTIONS. You shall not, nor allow any person to: (a) remove any product identification, copyright notices, or other notices or proprietary restrictions from this Software; (b) sell, lease, license, sublicense, rent, timeshare, allow use on a service provider basis or commercialize this Software in any manner; (c) cause or permit reverse engineering, disassembly, decompilation, modification or alteration of this Software except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; (d) copy the Software other than for back-up purposes..

As a condition of your use of the Software, you represent, warrant and covenant that you will not use the Software: (i) to infringe the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party, including the Novatix; (ii) to violate any applicable law, statute, ordinance or regulation; (iii) to disseminate information or materials in any form or format ("Content") that is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable under applicable laws; or (iv) to disseminate any software viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You, and not Novatix, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Software. You acknowledge that all Content that you access using the Software is at your own risk and you will be solely responsible for any damage to any party resulting therefrom.

COPYRIGHT/OWNERSHIP. This Software is licensed and not sold. This Software and its source code are proprietary products of NOVATIX and are protected by copyright and other intellectual property laws. You acquire only the right to use the Software and do not acquire any rights, express or implied, in the Software or media containing the Software other than those specified in this License. NOVATIX shall at all times retain all rights, title, interest, including intellectual property rights, in the Software and media.

TERM. Except as otherwise stated in any written software license agreement with Novatix, or unless terminated earlier in accordance with this Section, the term of this Agreement is for the duration of the Novatix copyright in the applicable Product. You may terminate it at any time by destroying the Software, together with all copies thereof. This license will also terminate if you fail to comply with any term or condition of this Agreement. Upon such termination, you agree to destroy the Software, together with all copies thereof. The paragraphs under the following section titles shall survive the termination of this agreement: Other Restrictions, Disclaimer of Warranties, Export Restrictions, Limitation of Liabilities and Miscellaneous.

SUPPORT. This Agreement does not entitle you to any support, upgrades, patches, enhancements, or fixes for the Software (collectively, "Support") although Novatix may provide such support in the manner it deems commercially reasonable, at its sole discretion. Any such Support for the Software that may be made available by Licensor shall become part of the Software and subject to this Agreement.

TRADEMARKS. NOVATIX, and other names of NOVATIX and NOVATIX products referred to herein or in any documentation that accompanies the Software are trademarks or registered trademarks of NOVATIX Corporation in the United States and/or other countries. All other brands and product names are trademarks of their respective holders.

EXPORT RESTRICTIONS. You agree to comply fully with all laws and regulations of the United States and other countries (Export Laws) to assure that neither the Software, nor any direct products thereof are (1) exported, directly or indirectly, in violation of Export Laws, or (2) are used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation.

None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Sudan, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Departments List of Specially Designated Nationals or the U.S. Commerce Departments Table of Denial Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.

DISCLAIMER OF WARRANTIES. THIS SOFTWARE IS DISTRIBUTED AS IS AND YOU, ITS USER, ASSUME ALL RISKS WHEN INSTALLING OR USING IT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOVATIX DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE. NOVATIX DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NOVATIX DOES NOT WARRANT THAT THE SOFTWARE IS NON-INFRINGING, THAT IT WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE.

LIMITATION OF LIABILITY. IN NO EVENT SHALL NOVATIX BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (WHICH SHALL INCLUDE WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) WHETHER BASED ON CONTRACT, TORT OR OTHER LEGAL THEORY, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF NOVATIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN ANY CASE, THE ENTIRE LIABILITY OF NOVATIX UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO U.S. $5.00.

INDEMNITY. You agree that Novatix shall have no liability whatsoever for any use you make of the Software. You shall indemnify and hold harmless Novatix from any third party claims, damages, liabilities, costs and fees (including reasonable attorney fees) arising from your use of the Software as well as from Licensees failure to comply with any term of this Agreement.

MISCELLANEOUS. In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions. The Agreement is governed by the laws of the State of Colorado as applied to agreements between Colorado residents entered into and to be performed entirely within Colorado, and each party hereto submits to the exclusive jurisdiction of the Courts of that State. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. This is the entire agreement between you and NOVATIX, which supersedes any prior agreement, whether written or oral, relating to this subject matter.

U.S. GOVERNMENT RESTRICTED RIGHTS. In the event the Federal Acquisition Regulations (FAR) or DFARS is applicable to this Agreement, the Software is provided only with Restricted Rights as defined in paragraph 52.227-19 or paragraph 252.227-7013(c)(1)(ii), respectively (or a comparable or successor clause to either), as applicable. If you are part of an agency, department, or other entity of the United States Government ("Government"), the use, duplication, reproduction, release, modification, disclosure or transfer of the Software is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The Software is a "commercial item," "commercial computer Software" and "commercial computer software documentation." In accordance with such provisions, any use of the Software by the Government shall be governed solely by the terms of this Agreement. Contractor/manufacturer is Novatix Corporation, 5777 Central Ave, Ste 130, Boulder, CO 80301, USA.