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,. <br />PEN - L 1.�1 <br />It's the Key <br />END-USER LICENSE AGREEMENT <br />Please read the terms of this "End -User License Agreement" ( "EULA ") carefully. <br />The EULA is a legal agreement between you, the end -user (any agency or company that the end user represents, or that <br />employs the and user, are collectively referred to as the "USER'), and Pen -Link, Ltd. ( "PEN- LINK') for the Pen -Link <br />computer software accompanying this End -User License Agreement, and any associated media, printed materials and <br />any "online" or electronic documentation (collectively, "SOFTWARE'). This SOFTWARE does not include source code. <br />Any updates or upgrades to such SOFTWARE that USER is entitled to receive and that has been provided to the USER <br />by PEN -LINK shall also mean SOFTWARE for purposes of this EULA. <br />1. GRANT OF LICENSE: <br />The SOFTWARE is licensed, not sold. By distributing, installing, copying or otherwise using the SOFTWARE, you agree <br />to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you are not permitted to distribute, <br />install, copy, or use the SOFTWARE. The USER assumes complete responsibility for the selection of the SOFTWARE to <br />achieve the intended results, and for the installation, use and results obtained from the SOFTWARE <br />2. RESTRICTIVE USE: <br />USER may not, without PEN- LINK's prior written consent, conduct, cause or permit the: (1) use, copying, modification, <br />rental, lease, sublease, sublicense, publicly display, publicly perform, or transfer of the SOFTWARE except as expressly <br />provided in this EULA; (ii) creation of any derivative works based on the SOFTWARE; (iii) reverse engineering, <br />disassembly, or decompiling of the SOFTWARE; (iv) use of the SOFTWARE in connection with service bureau, facility <br />management, timeshare, service provider or like activity whereby USER operates or uses the SOFTWARE for the benefit <br />of a third party; (v) use of the SOFTWARE by any party other than the USER; (vi) use of a later version of the <br />SOFTWARE other than the version that accompanies this EULA unless USER has separately acquired the right to use <br />such later version through an additional end -user license agreement; nor (vii) use of the SOFTWARE above the quantity <br />that have been licensed to USER under this EULA (the quantity is calculated using license use meter or model by which <br />PEN -LINK measures, prices and licenses the right to use the SOFTWARE in affect at the time an order is placed for such <br />SOFTWARE). In addition, USER shall not release the results of any benchmark testing of the SOFTWARE to any third <br />party without the prior written consent of PEN -LINK. <br />3. COPYRIGHT: <br />This SOFTWARE, its documentation, and other accompanying and supporting materials are copyrighted property of PEN. <br />LINK, and protected by copyright laws and international copyright treaties. PEN -LINK retains ownership of the <br />SOFTWARE, documentation, and accompanying and supporting materials. <br />4. SUPERCEDING CONTRACTS: <br />Part or all of the EULA may be superseded or augmented by one or more additional contracts or provisions (collectively, <br />"PROVISIONS") between the USER, or the purchasing agency associated with the USER and PEN -LINK. It is the <br />USER's responsibility to be aware of any such PROVISIONS and of the terms and limitations specified by such <br />PROVISIONS, Any and all additional PROVISIONS are subject to the terms of this EULA unless otherwise specified in <br />the PROVISIONS and, except as otherwise expressly provided in the PROVISIONS, in the event of any conflict between <br />the terms of this EULA and the terms of any PROVISION, this EULA shall control. <br />5. LIMITED WARRANTY: <br />ANY USE OF THIS SOFTWARE IS AT THE USER'S RISK. TO THE MAXIMUM EXTENT ALLOWED BY LAW, PEN - <br />LINK DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT <br />LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A <br />5.944 VanDervoort Drive I Lincoln, . NE 685161 492.421.8857 I. Fax 402.421.9287 I penlink.com <br />Copyright ©1997. 2016; Pen -Link, Ltd. <br />20B -20 <br />