# STUNNIX PERL-OBFUS LICENSE AGREEMENT

Please read carefully: THIS IS A LICENSE AND NOT AN AGREEMENT FOR SALE. By using and installing Stunnix Corporation’s Software or, where applicable, choosing the "I ACCEPT" option at the end of the License you indicate that you have read, understood, and accepted the terms and conditions of the License. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS, YOU SHOULD NOT ATTEMPT TO INSTALL THE Software. If the Software is already downloaded or installed, you should promptly cease using the Software in any manner and destroy all copies of the Software in your possession. You, the user, assume all responsibility for the selection of the Software to achieve your intended results and for the installation, use and results obtained from the Software. If you have any questions concerning this, you may contact Stunnix via email at sales@stunnix.com.

This Stunnix License ("License") is made between Stunnix Corporation ("Stunnix") as licensor, and you, as licensee, as of the date of your use of the Software (the Software is in use on a computer when it is loaded into the RAM or installed into the permanent memory (e.g., hard disk or other storage device) of that computer.).

This License reflects Stunnix's intent to retain full ownership of and control of the use and distribution of Stunnix Perl-Obfus, the License Key (as hereinafter defined) and other applicable software (collectively the "Software").

1. License Grant. Subject to the terms and conditions of this License, Stunnix grants to you a personal, non-exclusive, non-transferable, and limited license to use the Software solely to transform your own application programs ("Works"). When you pay the license fee established by Stunnix, you will receive a license key (the "License Key") from Stunnix that authorizes you to use the Software only in the following specific contexts:

   > (i) Commercial Use. If your License Key authorizes Commercial Use, you may use the software on more than one computer or on a network so long as you are the sole user of the Software. (A "network" is any combination of two or more computers that are electronically linked and capable of sharing the use of a single software program.) You will obtain a separate license for each additional user of the Software (whether or not such users are connected on a network). You may make only one non-encrypted copy of the Software for archival or backup purposes, and up to 10 (ten) encrypted copies of the Software for archival or backup purpose. You are not permitted to sell, lease, distribute, transfer, sublicense, or otherwise dispose of the Software, in whole or in part, for any form of actual or potential commercial gain or consideration.

   > (ii) Other Use. Any use of the software other than the uses specified above requires a separate license from Stunnix and the payment of additional license fees as determined by Stunnix. Such additional redistribution options are available, at Stunnix's sole discretion, on a case-by-case basis. Contact sales@stunnix.com to discuss any redistribution options not covered by this license agreement. Stunnix reserves all rights not expressly granted to you herein.

   This clause is intended to protect the rights of Stunnix's intellectual property and to prevent distribution of products that provide competitive functionality to the Software.

2. Termination. This License Agreement is effective until terminated. Stunnix may terminate this License immediately and without prior notice if you breach any term of this License or for any reason whatsoever. In the event of any termination or expiration, you agree to immediately destroy and/or erase the original and all copies of the Software, any accompanying documentation and License Keys and to discontinue their use and you will not retain or store the Software or any copies thereof, in any form or medium.

3. Proprietary Rights. The Software is licensed, not sold, to you. Stunnix reserves all rights not expressly granted to you. Ownership of the Software and its associated proprietary rights, including but not limited to patent and patent applications, are retained by Stunnix. The Software is protected by the copyright laws of Netherlands and the United States and by international treaties. Therefore, you must comply with such laws and treaties in your use of the Software. You agree not to remove any of Stunnix's copyright, trademarks and other proprietary notices from the Software.

4. Distribution. Except as may be expressly allowed in Section 1, or as otherwise agreed to in a written agreement signed by both you and Stunnix, you will not distribute the Software, either in whole or in part, in any form or medium.

5. Transfer and Use Restrictions. You may not sell, license, sub-license, lend, lease, rent, share, assign, transmit, telecommunicate, export, distribute or otherwise transfer the Software to others, except as expressly permitted in this License Agreement or in another agreement with Stunnix. In order to use the Software you will be required to obtain a License Key and agree to this License Agreement for the use of the Software. You will not disclose or provide access to your License Key to any other person or entity. You must comply with all applicable Netherlands and other export control laws in your use of the Software. Except as may be expressly permitted above, you may not modify, reverse engineer, decompile, decrypt, extract or otherwise disassemble the Software.

6. REGARDING THE SOFTWARE AND IN PARTICULAR, DOES NOT WARRANT THAT THE SOFTWARE WILL FUNCTION IN ACCORDANCE WITH THE ACCOMPANYING DOCUMENTATION IN EVERY COMBINATION OF HARDWARE PLATFORM OR SOFTWARE ENVIRONMENT OR CONFIGURATION, OR BE COMPATIBLE WITH EVERY COMPUTER SYSTEM. IF THE SOFTWARE IS DEFECTIVE FOR ANY REASON, YOU WILL ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS OR REPLACEMENTS.

7. DISCLAIMER. STUNNIX DOES NOT WARRANT THAT THE SOFTWARE IS FREE FROM BUGS, DEFECTS, ERRORS OR OMISSIONS. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS AND STUNNIX MAKES NO OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE OR ANY ACCOMPANYING ITEMS INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

8. LIMITATION OF LIABILITY. STUNNIX WILL HAVE NO LIABILITY OR OBLIGATION FOR ANY DAMAGES OR REMEDIES, INCLUDING, WITHOUT LIMITATION, THE COST OF SUBSTITUTE GOODS, LOST DATA, LOST PROFITS, LOST REVENUES OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, GENERAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THIS LICENSE OR THE USE OR INABILITY TO USE THE SOFTWARE. IN NO EVENT WILL STUNNIX'S TOTAL AGGREGATE LIABILITY (WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, INTELLECTUAL PROPERTY INFRINGEMENT OR OTHER LEGAL THEORY) WITH REGARD TO THE SOFTWARE AND/OR THIS LICENSE EXCEED THE LICENSE FEE PAID BY YOU TO STUNNIX. FURTHER, STUNNIX WILL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM ITS OBLIGATIONS UNDER THIS LICENSE AS A RESULT OF ANY CAUSES OR CONDITIONS BEYOND STUNNIX'S REASONABLE CONTROL.

9. Intellectual Property Claims. Subject to the limitation of liability set out in Section 8 above, Stunnix will indemnify and hold you harmless against any damages finally awarded against you pursuant to a judicial proceeding, to the extent such proceeding is based upon an infringement of any valid U.S. or Netherlands patent issued as at the date of your acceptance of this License Agreement, or of any valid U.S. or Netherlands copyright, by the Software provided that you:

   > (i) give written notice of the claim promptly to Stunnix;

   > (ii) give Stunnix sole control of the defense and settlement of the claim;

   > (iii) provide to Stunnix all available information and assistance; and

   > (iv) have not compromised or settled such claim.

   Stunnix will have no obligation under this Section for any claims which result through no fault of Stunnix, including: (i) the use of the Software in combination with any non-Stunnix approved software; or (ii) modification of the Software by you or anyone other than Stunnix. This Section sets forth the entire liability of Stunnix and your exclusive remedies for claims of infringement involving the Software.

10. U.S. Government Restricted Rights Legend. If the Software is acquired by any agency or other part of the U.S. government in a transaction subject to the Federal Acquisition Regulations or the Defense Federal Acquisition Regulations, the Software is furnished with Restricted Rights. Use, duplication, or disclosure of the Software by the U.S. government is subject to all applicable restrictions set forth in such Regulations, as amended from time to time, including subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights clause at Section 48 C.F.R. 52.227-19.

11. Entire Agreement. This License and the Usage License Agreement constitutes the entire agreement between you and Stunnix regarding the Software and all accompanying documentation. If any provision is found to be invalid by a court of competent jurisdiction, the balance of the provisions will remain in full force and effect. The provisions of the U.N. Convention on Contracts For The International Sale of Goods (1980) and any successor Convention, do not apply to this License.

12. Inurement. The rights, restrictions, limitations, disclaimers and remedies granted to, retained by, or for the benefit of Stunnix will inure to the benefit of and will be enforceable by Stunnix and its licensors, successors and assigns. You may not assign your rights, obligations and interest in and to this License without the prior written consent of Stunnix. The obligations, covenants and rights which apply to you will inure to your benefit and will be binding on you and your permitted successors and assigns.

    BY INSTALLING THE SOFTWARE, OR, WHERE APPLICABLE, CHOOSING THE "I ACCEPT" OPTION, YOU INDICATE THAT YOU HAVE READ, UNDERSTOOD AND ACCEPT THE TERMS AND CONDITIONS OF THE LICENSE. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS, YOU SHOULD NOT ATTEMPT TO INSTALL THE SOFTWARE.