END USER LICENSE AGREEMENT FOR QWKSOFT SOFTWARE

IMPORTANT - READ CAREFULLY This End-User License Agreement ("EULA") is a legal agreement between you (either an individual person or a single legal entity, who will be referred to in this EULA as "YOU") and QWK Enterprises LLC DBA QwkSoft ("QwkSoft") for the software that accompanies this EULA, is the software for which the documentation that contains this EULA pertains, or is the software YOU were made aware that this EULA applies to (the "SOFTWARE PRODUCT"). The SOFTWARE PRODUCT also includes any software updates, documentation, add-on components, images, services, or supplements that were provided to YOU with the SOFTWARE PRODUCT or provided to YOU for use with the SOFTWARE PRODUCT or that QwkSoft may provide to YOU or make available to YOU after the date YOU obtained the initial copy of the SOFTWARE PRODUCT to the extent that such items are not accompanied by a separate license agreement or terms of use. By installing, copying, downloading, accessing or otherwise using the SOFTWARE PRODUCT, YOU agree to be bound by the terms of this EULA. If YOU do not agree to the terms of this EULA, then YOU must not install, access or use the SOFTWARE PRODUCT.

SOFTWARE PRODUCT LICENSE The SOFTWARE PRODUCT is protected by intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

1. GRANT OF LICENSE For each license that YOU are granted YOU may install and use one copy of the SOFTWARE PRODUCT in a single environment in conjunction with an online internet presence or internal intranet or other network presence ("LIVE SITE"). YOU may make a copy of the SOFTWARE PRODUCT in a testing or staging environment not accessible to the public for the sole purpose of testing, or development of changes for the LIVE SITE that YOU intend to make part of the LIVE SITE at a later date ("TEST SITE").

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

Reservation of Rights All rights not expressly granted are reserved by QwkSoft or its suppliers.

Copy Protection And License Verification The SOFTWARE PRODUCT may include copy protection and or license verification technology to prevent the unauthorized copying or unlicensed use of the SOFTWARE PRODUCT and may require the use of special text, numbers, coded sequence of data, or special procedural steps ("LICENSE KEY") to use some or all portions of the SOFTWARE PRODUCT either initially, after a period of time, or after certain events that may or may not be known to YOU have occurred.

Limitations on Reverse Engineering, Decompilation, and Disassembly YOU may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent the foregoing restriction is expressly prohibited by applicable law.

Separation of Component Parts The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one LIVE SITE unless a separate license for that component is granted to YOU or provided to YOU by QwkSoft in which case the use of the component will then be governed by its own license agreement.

Trademarks This EULA does not grant YOU any rights in connection with any trademarks or service marks of QwkSoft, its suppliers, partners, or associates.

Software Transfer YOU may not transfer the SOFTWARE PRODUCT or any of the rights granted to YOU under this Agreement to another party, nor make available to any party a copy of the SOFTWARE PRODUCT or the LICENSE KEY without the express written permission of QwkSoft.

Termination Without prejudice to any other rights, QwkSoft may terminate this EULA if YOU fail to comply with the terms and conditions of this EULA. In such event, YOU must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.

3. INTELLECTUAL PROPERTY RIGHTS All title and intellectual property rights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and html or other markup design incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by QwkSoft or its suppliers.

4. BACKUP COPIES YOU may make backup copies of the software and the data it creates on the LIVE SITE to the TEST SITE for use on the TEST SITE and make copies in a non useable form, such as a tar, zip, or other compressed file format on another storage location that is not accessible to the public for backup and recovery purposes. Except as expressly provided in this EULA, YOU may not otherwise make copies of the SOFTWARE PRODUCT or other materials accompanying the SOFTWARE PRODUCT.

5. EXPORT RESTRICTIONS YOU acknowledge that the SOFTWARE PRODUCT is of U.S. origin. YOU agree to comply with all applicable international and national laws that apply to the SOFTWARE PRODUCT, including the U.S. Export Administration Regulations, as well as end-user and destination restrictions issued by U.S. and other governments.

6. APPLICABLE LAW This EULA is governed by the laws of the State of California. Should YOU have any questions concerning this EULA, you may send email to eulainfo@qwksoft.com or contact us via the methods described or available on our website at http://QwkSoft.com

7. LIMITED WARRANTY QwkSoft warrants that for the for a period of ninety (90) days from the earlier of the date YOU received or first used the SOFTWARE PRODUCT, that the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying materials, or product specifications current at the time YOU received, or first used the SOFTWARE PRODUCT or were made available later in an update or errata for that version of the SOFTWARE PRODUCT YOU received or first used.

If an implied warranty or condition is created by the state/jurisdiction under which YOU are governed and federal or state/provincial law prohibits disclaimer of it, YOU also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY (90) DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to YOU.

Any supplements or updates to the SOFTWARE PRODUCT, including without limitation, any (if any) service packs or hot fixes provided to YOU after the expiration of the ninety (90) day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.

LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES The exclusive remedy available to YOU for any breach of this Limited Warranty is as set forth below. Except for any refund elected by QwkSoft, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the SOFTWARE PRODUCT does not meet QwkSoft's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 9 below ("EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES") are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to YOU. This Limited Warranty gives YOU specific legal rights. YOU may have others which vary from state/jurisdiction to state/jurisdiction.

THE EXCLUSIVE REMEDY AVAILABLE TO YOU QwkSoft's and its suppliers' entire liability and the exclusive remedy that shall be available to YOU, at QwkSoft's option from time to time exercised subject to applicable law, (a) return of the price paid (if any) for the SOFTWARE PRODUCT if it was a retail purchase or the price of a retail product that QwkSoft offers that is closest in feature set to the SOFTWARE PRODUCT as determined by QwkSoft, (b) repair of the SOFTWARE PRODUCT, (c) replacement of the SOFTWARE PRODUCT with a newer version of the SOFTWARE PRODUCT, (d) replacement of the SOFTWARE PRODUCT with a different product that allows the achievement of the same feature set originally specified for the SOFTWARE PRODUCT. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, misapplication, abnormal use, a virus, or a bug or defect in the software provided by someone other than QwkSoft. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.

8. DISCLAIMER OF WARRANTIES THE LIMITED WARRANTY THAT APPEARS ABOVE IS THE ONLY EXPRESS WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER EXPRESS WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QwkSoft AND ITS SUPPLIERS PROVIDE THE SOFTWARE AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OR RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON- INFRINGEMENT WITH REGARD TO THE SOFTWARE.

9. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL QwkSoft OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF QwkSoft OR ANY SUPPLIER, AND EVEN IF QwkSoft OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. LIMITATION OF LIABILITY AND REMEDIES NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF QwkSoft AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY QwkSoft WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR U.S. $5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 5, 6, AND 7 ABOVE) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

11. ENTIRE AGREEMENT This EULA (including any addendum or amendment to this EULA which is included with the SOFTWARE PRODUCT) is the entire agreement between YOU and QwkSoft relating to the SOFTWARE PRODUCT and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the SOFTWARE PRODUCT or any other subject matter covered by this EULA. To the extent the terms of any QwkSoft policies or programs for SUPPORT SERVICES conflict with the terms of this EULA, the terms of this EULA shall control.