End User License Agreement Kerio Technologies, Inc. Software (Beta version) End-User License Agreement IMPORTANT -- BY DOWNLOADING AND/OR INSTALLING THE BETA VERSION OF KERIO'S SOFTWARE (THE "BETA SOFTWARE") THAT YOU HAVE SELECTED, YOU ARE INDICATING YOUR ASSENT TO THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING TERMS, DO NOT DOWNLOAD OR INSTALL THE BETA SOFTWARE OR DISCONTINUE USE IMMEDIATELY AND DESTROY ALL COPIES. -- PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE PROCEEDING. THIS LICENSE AGREEMENT ("AGREEMENT") CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. TERMS AND CONDITIONS 1. You acknowledge that the Beta Software is experimental and has not been made available for general release. Accordingly, it may contain errors, bugs, or other problems not usually associated with generally available software versions. The Beta Software should not be used in a production environment or on a critical system. It is provided for internal non-commercial use and testing purposes ONLY. Kerio Technologies, Inc. ("Kerio") strongly recommends that You backup all data, files and applications on Your system prior to installing any Beta Software. You shall have sole responsibility for the adequate protection and backup of Your data and/or equipment used with the Beta Software. 2. You may download and use the Beta Software for free for a limited time ("Testing Period"). During the Testing Period, Kerio grants You a limited, non-exclusive license to use the Beta Software for testing purposes only. The expiration date of the Testing Period is usually indicated on Kerio's website (http://www.kerio.com/betas). If no such expiration date is indicated, the Testing Period will expire when a newer version of the Beta Software is released by Kerio or, if no newer version is released, when the final version of the software becomes available for sale. 3. Although under no obligation, Kerio may without notice deliver to Your computer or other device upon which the Beta Software is installed automated updates, upgrades, modifications, enhancements, bug fixes and/or patches to address issues such as security, interoperability, and performance (collectively "Updates"). You consent to receiving such Updates. 4. You are not entitled to any support under this Agreement. However, if you have questions regarding usage of the Beta Software, You may contact Kerio using the contact information provided on the product beta page on the Kerio website, and Kerio will make every effort to assist You. 5. You may not make copies of the Beta Software, nor distribute them. You may not decompile, reverse engineer, disassemble, decode or otherwise reduce the Beta Software to a human-readable form. You may not modify, adapt, translate the Beta Software or any parts thereof, or create derivative works based on the Beta Software. You may not sell, rent, lease, sublicense, transfer, resell for profit or otherwise distribute the Beta Software or any part thereof. 6. It is extremely important that Kerio receive Your feedback on the Beta Software to make a better product. Accordingly, please provide Your feedback at at the email address provided on the product beta page on the Kerio Website. Additionally, You agree that Kerio may contact You by telephone, electronic mail, or other means, to solicit Your feedback concerning Your experiences with the Beta Software. You also agree to utilize message boards and other communications tools set up by Kerio for feedback regarding the Beta Software. In connection with the above, Kerio retains the right, but not the obligation, to monitor user postings to public areas of the Beta Software, such as message boards, to determine compliance with this Agreement and any other operating rules that may be established by Kerio from time to time. Kerio has the right in its sole discretion to edit, refuse to post, or remove any user postings submitted to or posted on the Beta Software. Without limiting the foregoing, Kerio has the right, but not the obligation, to remove any user posting that it, in its sole discretion, finds to be in violation of the provisions of this Agreement, otherwise objectionable, or stale. Users shall remain solely responsible for the messages they post or submit. You acknowledge and agree that Kerio shall not assume or have any liability for any action or inaction with respect to any messages posted by users of the Beta Software. 7. You acknowledge that the Beta Software includes features to enable Kerio or its agents to remotely monitor for use that might be inconsistent with this Agreement and You hereby grant Kerio the right to monitor Your usage to ensure compliance. To the extent that Kerio reviews and/or collects any personal information in regards to pursuing the enforcement of this license as discussed above, Kerio will (i) protect and keep confidential such information; (ii) not use such information for reasons other those related to license enforcement; and (iii) not sell, distribute or pass on such information to any third party, except as required by law. 8. Kerio may offer third-party software components in the Software Beta ( "Add-Ons"). Because these Add-Ons are distributed to Kerio from various third-parties and redistributed by Kerio to You, You may be required to comply with additional provisions of such third-party licenses. The Add-Ons page (http://www.kerio.com/license-agreement/addons) will link You to the license provisions that apply to Add-Ons and shall be considered Exhibit A to this Agreement and are incorporated into this Agreement by this reference. Accordingly, any Add-Ons that may be licensed by You shall become part of Beta Software and subject to this Agreement and the applicable terms contained in Exhibit A. In the event of a conflict between the terms and conditions of any license provided in Exhibit A and the terms and conditions provided in this Agreement, the terms and conditions of any license in Exhibit A shall control. Notwithstanding the foregoing, Kerio, in its sole discretion, reserves the right to substitute, modify, eliminate or otherwise change Add-Ons at any time during the term of this Agreement. Kerio utilizes various third party source codes (the "Source Codes") in the Beta Software which are offered to the general public free of charge by their developers. Some of the Source Codes are protected under the applicable version of the GNU General Public License ("GPL"), which also governs their usage. Accordingly, You, as the user of the Beta Software are required to comply with any relevant GPL provisions (such provisions are provided in the source archive of the Beta Software, but can also be obtained in the acknowledgments file via the web administration title screen). Additionally, Kerio is obligated under the GPL to provide You free access thereto. In light of the foregoing, the Source Codes page (http://download.kerio.com/archive/opensource) will provide downloadable versions of the Source Codes contained in the Beta Software. The GPL license provisions that apply to the Beta Software shall be considered Exhibit B to this Agreement and are incorporated into this Agreement by this reference. As such, any Source Codes contained in the Beta Software and/or are otherwise downloaded by You are considered to be part of the Beta Software and are subject to this Agreement and the applicable terms contained in Exhibit B. In the event of a conflict between the terms and conditions of any license provided in Exhibit B and the terms and conditions provided in this Agreement, the terms and conditions of any license in Exhibit B shall control. Notwithstanding the foregoing, Kerio, in its sole discretion, reserves the right to substitute, modify, eliminate or otherwise change such Source Codes at any time during the term of this Agreement. 9. Kerio retains any and all rights, title and interest in and to the Beta Software and all copies thereof, including copyrights, patents, trade secret rights, trademarks and other intellectual property rights. The structure, organization and code of the Beta Software are valuable trade secrets and confidential information of Kerio. 10. YOUR USE OF THE BETA SOFTWARE IS AT YOUR OWN RISK. THE BETA SOFTWARE IS PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE." KERIO DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES THAT THE BETA SOFTWARE IS FREE OF DEFECTS, VIRUS FREE, AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE FUNCTIONALITY OF THE BETA SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT ERRORS IN THE BETA SOFTWARE WILL BE CORRECTED, THAT ANY IMPLIED WARRANTIES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. FURTHER, KERIO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE BETA SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. IN ADDITION, ANY SECURITY MECHANISMS IMPLEMENTED BY THE SOFTWARE BETA HAVE INHERENT LIMITATIONS, AND YOU MUST DETERMINE THAT THE SOFTWARE BETA SUFFICIENTLY MEETS YOUR REQUIREMENTS. 11. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL KERIO, ITS DIRECTORS, ITS OFFICERS, ITS EMPLOYEES, OR ITS AGENTS BE HELD LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS BETA SOFTWARE, INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. 12. Kerio reserves the right, in its sole discretion, to terminate Your access to all or part of the Beta Software at any time, with or without notice. Additionally, this Agreement and Your right to use the Beta Software shall terminate immediately and without notice should You breach this Agreement. Upon termination, You shall destroy all copies of the Beta Software and cease all use immediately. 13. You acknowledge that the Beta Software is not intended for use in connection with any high risk or strict liability activity (including, without limitation, air travel, space travel, firefighting, police operations, vehicle operations, power plant operations or power generation applications, transport management systems, military operations, rescue operations, hospital and medical operations or the like) and You agree not to use or allow the use of the Beta Software or any portion thereof for, or in connection with, any such activity. 14. You agree to comply with all export laws and restrictions and regulations (i) of the United States Department of Commerce (see http://www.bis.doc.gov/licensing/exportingbasics.htm), the United States Department of Treasury Office of Foreign Assets Control, or other United States or agencies or authorities, and (ii) of the country or countries in which You reside, are doing business in, are exporting to or alike. Furthermore, You shall not export, or allow the export or re-export of the Beta Software in violation of any such restrictions, laws or regulations. By installing or using the Beta Software, You agree to comply with the above and represent and warrant that You are not located in, under the control of, nor a resident of any restricted country. 15. If any provision hereof shall be held illegal, invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid and enforceable, and the legality, validity and enforceability of all other provisions of this Agreement shall not be affected. 16. This Agreement is governed by the laws of the State of California, USA, to the exclusion of any conflict of laws rules. All disputes relating to this Agreement will be brought before the applicable courts in the Santa Clara County, California, USA, and You agree to submit to exclusive personal jurisdiction therein. 17. This Agreement contains the entire agreement between Kerio and You relating to the Beta Software and supersedes all prior agreements and understandings, whether oral or written. All questions concerning this Agreement shall be directed to legal@kerio.com. Last updated on Sep. 22, 2010.