El Fresko Technologies
SOFTWARE LICENSE AGREEMENT

DOWNLOADING OR INSTALLATION OF THIS SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE 
TERMS AND CONDITIONS. PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS 
BEFORE CLICKING THE "Yes" OR "I ACCEPT" BUTTON. 

1. License. El Fresko Technologies ("El Fresko Technologies") hereby grants you, the Licensee, a 
non-exclusive license to use the accompanying program and documentation ("the 
Software") in accordance with the terms of this License Agreement ("Agreement"), 
entered in to by El Fresko Technologies and Licensee, as evidenced by the loading on a computer 
of the Software. The maximum number of hosts, devices and device types supported 
by the Software for normal usage is (a) specified on the "Proof of License 
Certificate" that accompanies this package, or (b) zero (0) if no such 
certificate is included. If no "Proof of License Certificate" is included with 
this package, functionality may be restricted, and the Software can be used for 
evaluation or demonstration purposes only.

2. Restrictions. Licensee acknowledges that El Fresko Technologies owns all rights, titles, and 
interest, including copyright and trademark rights to the Software. Licensee may 
copy the Software only for backup or archival purposes. Licensee may not modify, 
adapt, translate, create derivative works, disassemble, decompile or otherwise 
reverse engineer the Software, and you may not sell, lease, assign, sublicense 
or otherwise transfer the Software, in whole or in part.

3. Limited Warranty. El Fresko Technologies warrants that the software will perform substantially 
in accordance with the documentation for a period of 90 days from the date of 
receipt of payment. El Fresko Technologies DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, 
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR 
PURPOSE, OR NON-INFRINGEMENT.

4. Customer Remedies. El Fresko Technologies' entire liability and your exclusive remedy shall 
be, at El Fresko Technologies' sole discretion, either (a) the repair or replacement of the 
Software or accompanying materials that do not meet El Fresko Technologies' Limited Warranty, or 
(b) return of the purchase price paid, provided all items are returned with a 
copy of your receipt and the original Proof of License Certificate. The Limited 
Warranty is void if failure of the Software has resulted from accident, abuse, or 
misapplication.

5. High Risk Activities. The Software is not fault-tolerant and is not designed, 
manufactured or intended for use in conjunction with on-line control equipment 
in hazardous environments requiring fail-safe performance, such as in the 
operation of nuclear facilities, aircraft navigation or communication systems, 
air traffic control, direct life support machines, or weapons systems ("High Risk 
Activities") in which the failure of the Software could directly lead to death, 
personal injury, or severe physical or environmental damage. El Fresko Technologies and its 
licensors disclaim any express or implied warranty of fitness for High Risk 
Activities.

6. Limitation of Liability. IN NO EVENT WILL El Fresko Technologies OR ITS LICENSORS BE LIABLE FOR 
ANY LOST REVENUE, PROFIT OR DATA, OR OTHER SPECIAL, INDIRECT, CONSEQUENTIAL, 
INCIDENTAL OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THEORY OF 
LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF 
El Fresko Technologies HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall 
El Fresko Technologies' liability (whether in contract, tort (including negligence), or otherwise) 
exceed the license fee paid for the Software.

7. U.S. Government Restricted Rights. The Software is provided with restricted 
and limited rights. Use, duplication, or disclosure by the U.S. Government is 
subject to restrictions as set forth in FAR 52.227-14, FAR 52.227-19 or DFARS 
52.227-7013, as applicable.

8. Other. This Agreement is the complete and exclusive agreement between Licensee 
and El Fresko Technologies relating to the Software and supercedes any proposal or prior 
agreement, oral or written, and any other communications relating to the subject 
matter of this Agreement. No variation of the terms of this Agreement or any 
different terms will be enforceable against El Fresko Technologies unless El Fresko Technologies gives its express 
written consent, including an express waiver of the terms of this Agreement, in 
writing signed by an authorized officer of El Fresko Technologies.