License Agreement

Zurado Corporation
Zurado Software License Agreement for Beta Version of PXT® Probe

1. PLEASE READ THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT (”LICENSE”), WHICH IS PRESENTED ELECTRONICALLY WHEN ACCESSING THE ZURADO SOFTWARE PACKAGE KNOWN AS PXT® PROBE.

2. BY CLICKING THE “AGREE/ACCEPT” BUTTON, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, CLICK “DISAGREE/DECLINE”.

3. YOU DO NOT HAVE PERMISSION TO USE THIS SOFTWARE UNLESS YOU FULLY AGREE TO ALL OF THE TERMS OF THIS LICENSE.

4. General. The software and the documentation and user guide accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the “Zurado Software”) are licensed, not sold, to you by Zurado Corporation, (”Zurado”) for use only under the terms of this License, and Zurado reserves all rights not expressly granted to you. The rights granted herein are limited to Zurado’s and its licensors’ intellectual property rights in the Zurado Software and do not include any other patents or intellectual property rights. You own the media on which the Zurado Software is recorded but Zurado and/or Zurado’s licensor(s) retain ownership of the Zurado Software itself. The rights granted under the terms of this License include any software upgrades that replace and/or supplement the original Zurado Software product, unless such upgrade contains a separate license.

5. Permitted License Uses and Restrictions. This License allows you to install and use one copy of the Zurado Software on a single computer or mobile device at a time. This License does not allow the Zurado Software to exist on more than one computer or mobile device at a time, and you may not make the Zurado Software available over a network where it could be used by multiple computers or mobile devices at the same time. You may make one copy of the Zurado Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Zurado Software or any part thereof. THE ZURADO SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF OR SUPPORT OF SUCH OPERATIONS AS NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR ANY OTHER EQUIPMENT OR USE IN WHICH THE FAILURE OF THE ZURADO SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

6. No Transfer. You may not sell, rent, lease, lend, sublicense, or otherwise transfer the Zurado Software.

7. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from Zurado if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Zurado Software and destroy all copies, full or partial, of the Zurado Software.

8. No Warranty – Beta Test Software. The Zurado Software licensed hereunder is Beta test software and does not carry any warranty of any kind. The Zurado Software may contain substantial defects and may fail during use. By accepting this license, you acknowledge and accept these limitations. Zurado shall have no duty to fix defects or bugs in the operation of the Zurado Software. THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ACCOMPANYING THIS SOFTWARE.

9. Further Disclaimer of Warranties and Assumption of Risk. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE ZURADO SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. YOU ACKNOWLEDGE AS SET FORTH ABOVE THAT THERE ARE NO WARRANTIES OF ANY KIND FOR THIS SOFTWARE. THE ZURADO SOFTWARE IS BETA TESTING SOFTWARE PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ZURADO AND ZURADO’S LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE ZURADO 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, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ZURADO DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE ZURADO SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE ZURADO SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE ZURADO SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE ZURADO SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ZURADO OR AN ZURADO AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE ZURADO SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

10. Disclaimer Regarding Third-Party Information. The Zurado Software may be used to access information provided by others. Because Zurado has no control over such sites and information, Zurado makes no guarantees as to such sites and information, including: (i) the accuracy, currency, content, or quality of any such sites and information, or (ii) whether any sites viewed with Zurado Software may contain unintended or objectionable content. By using the Zurado Software, you acknowledge that Zurado makes no representations or warranties with regard to the appropriateness of the content viewed through the Zurado Software. Zurado does not guarantee the sequence, accuracy, completeness or timeliness of the content viewed through the Zurado Software. Zurado, its officers, affiliates and subsidiaries shall not, directly or indirectly, be liable, in any way, to you or any other person for the content you receive using the Zurado Software or for any inaccuracies, errors in or omissions from the content.

11. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL ZURADO 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 ZURADO SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF ZURADO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

12. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

13. Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of the Zurado 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 Zurado.