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END USER LICENSE AGREEMENT
ESP(tm) SMALL BUSINESS

IMPORTANT:  PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY.  BY CLICKING THE "I ACCEPT" OR "YES" BUTTONS OR BY OTHERWISE INDICATING ASSENT BY DOWNLOADING, INSTALLING OR USING THE ESP SMALL BUSINESS SOFTWARE (THE "SOFTWARE") YOU ACCEPT ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.  THIS AGREEMENT IS A BINDING LEGAL CONTRACT BETWEEN YOU AND AUTHENTIUM, INC.   IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INDICATE ASSENT AND DO NOT USE THE SOFTWARE.  

REFERENCES TO "YOU" AS USED IN THIS AGREEMENT INCLUDE ANY INDIVIDUAL WHO DOWNLOADS, INSTALLS OR USES THE SOFTWARE AND/OR ANY COMPANY OR OTHER LEGAL ENTITY WHOSE EMPLOYEES OR AGENTS DOWNLOAD, INSTALL OR USE THE SOFTWARE.

AUTHENTIUM, INC. AND ITS SUPPLIERS OWN ALL INTELLECTUAL PROPERTY IN THE SOFTWARE.  AUTHENTIUM, INC., AND/OR ITS SUBSIDIARIES ("AUTHENTIUM") IS WILLING TO LICENSE THE SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS LICENSE AGREEMENT.  USE OF SOME MATERIALS PROVIDED BY THIRD PARTIES AND INCLUDED IN THE SOFTWARE MAY BE SUBJECT TO OTHER TERMS AND CONDITIONS, WHICH MAY BE FOUND IN A SEPARATE LICENSE AGREEMENT OR  IN A "READ ME" FILE.

1.	Grant of Limited License.  Authentium hereby grants you a nonexclusive and non-transferable license, with restrictions as described below, to use the Software, in object code only, including any documentation accompanying the Software (the "Documentation"), for the sole purpose of using the Software, subject to such restrictions and usage terms as are described in this Agreement and may be described in the Documentation.  You may (a) install the Software on a single server (if your use of the Software is server based) or personal computer to support up to the number of simultaneous users for which you have paid the license fee and (b) make one copy of the Software for archival purposes.  

2.	Limitations and Restrictions on Use.  You may not do any of the following:  (a) copy the Documentation or any other material accompanying the Software; (b) transfer, sublicense, rent or lease any portion of the Software; (c) modify the Software or create derivative works based on the Software or any portion thereof; (d) reverse engineer, decompile, reverse assemble, disassemble or otherwise attempt to obtain the source code for the Software; (e) use the Software as part of a facility management, service bureau or other timesharing arrangement; (f) make any third  party software contained in the Software a stand-alone product; or (g) use the Software in any manner not permitted by this Agreement.

3.	Intellectual Property Ownership; Copyright.  The structure, organization and code of the Software are the valuable trade secrets and confidential information of Authentium and its suppliers.  You have no ownership rights in the Software.  You are granted no rights in the Software other than the limited rights expressly set forth in this Agreement.  Authentium expressly reserves to itself and its suppliers all rights not expressly granted to you in this Agreement.  The Software (including any software, images, graphics, photographs, and text incorporated in the Software or embedded in any material accompanying the Software) is owned by Authentium or its suppliers and is protected by law, including, without limitation, the copyright laws of the United States and of other countries as well as international treaties. Except as expressly permitted by this Agreement, the copying of the Software, any portion of the Software, or any of the materials accompanying the Software is strictly prohibited by such laws and treaties.

4.	 Updates.  Authentium reserves the right to modify the Software at any time.  Authentium may distribute modifications or updates to the Software or to portions of the Software to reflect new or changed threats.  For example, Authentium may update the antivirus portion of the Software to include new or revised virus definitions.  In addition, Authentium may distribute "bug fixes" or other revisions to the Software.  [You will be entitled to receive such updates for so long as you have purchased a maintenance agreement that includes updates.  If you have not purchased a maintenance agreement that includes updates, you will only be entitled to such updates if Authentium, in its sole discretion, determines to make such updates available to you.] [Will there be maintenance agreements providing for updates?]

5.	No Warranty.  This Software is being delivered "AS IS."  AUTHENTIUM AND ITS SUPPLIERS DO NOT MAKE OR PASS ON TO YOU OR TO ANY THIRD PARTY ANY WARRANTIES OF ANY KIND (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, PERFORMANCE, SATISFACTORY QUALITY, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE .  AUTHENTIUM AND ITS SUPPLIERS SPECIFICALLY DO NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF USE, OF THE SOFTWARE (INCLUDING, WITHOUT LIMITATION, THE VIRUS DEFINITIONS, ANTISPAM RULES, FIREWALL RULES, VULNERABILITY ASSESSMENTS OR URL CATEGORY LISTS CONTAINED THEREIN) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE.  AUTHENTIUM AND ITS SUPPLIERS SPECIFICALLY DO NOT WARRANT THAT THE SOFTWARE WILL PROTECT YOUR COMPUTER OR PREVENT ACCESS TO DAMAGING, OFFENSIVE OR OBSCENE MATERIAL.  THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE LICENSED SOFTWARE IS ASSUMED BY YOU.  AUTHENTIUM AND ITS SUPPLIERS MAKE NO WARRANTY WITH RESPECT TO THE AVAILABILITY OF AUTHENTIUM�S OR ITS SUPPLIERS WEBSITES ON THE WORLDWIDE WEB.  

6.  Disclaimer of Damages; Limitation of Liability.  SOME STATES AND COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

IN NO EVENT WILL AUTHENTIUM OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES, DAMAGES, CLAIMS OR COSTS WHATSOEVER, OR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS OR LOST SAVINGS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF AUTHENTIUM HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH LOSSES, DAMAGES, CLAIMS OR COSTS.  IN NO CASE SHALL AUTHENTIUM�S OR ITS SUPPLIERS� LIABILITY EXCEED THE PURCHASE PRICE OF THE SOFTWARE.  

The Software is not designed for and is not intended for use in hazardous environments requiring fail-safe (fault-tolerant) performance such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons or defense systems, life support systems or any other context in which the failure of the Software could lead directly to death, personal injury or severe damage to property or the environment.  Authentium and its suppliers specifically disclaim any express or implied warranty of the Software�s suitability for these types of activities.

The disclaimers and limitations set forth above apply to you, even if you do not accept the Software

7.	Export Regulation.  The Software and Documentation, including technical data, may be subject to U.S. export control laws, including the U.S. Export Administration Act ("EAC") and the Export Administration Regulations ("EAR") (see http://bxa.fedworld.gov/).  You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the EAC or the EAR or any other export laws, restrictions or regulations (collectively, the "Export Laws").   In addition, if the Software is identified as an export controlled by the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within an embargoed nation and that you are not otherwise prohibited by the Export Laws from receiving the Software.

8.	U.S. Government Restricted Rights.  The Software and Documentation are commercial in nature and are "Commercial Items," as that term is defined in 48 C.F.R. �2.101, consisting of "Commercial Computer Software" and Commercial Computer Software Documentation," as such terms are defined in 48 C.F.R. ��252.227-7014(a)(5) and 48 C.F.R. �252.227-7014(a)(1), and as used in 48 C.F.R. �12.212 and 48 C.F.R. �227.7202, as applicable.  Consistent with 48 C.F.R. �12.212 or 48 C.F.R. ��227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users only as Commercial Items and with only those rights as are granted to all other end users pursuant to the terms and conditions herein.  Manufacturer is Authentium, Inc., 7121 Fairway Drive, Suite 102, Palm Beach Gardens, FL  33418.   

9.	General.  (a) This Agreement shall be governed by the laws of the State of California without reference to or application of conflict of law rules or principles.  The United Nations Convention on the International Sale of Goods shall not apply. (b) This Agreement constitutes the entire Agreement between Authentium and you with respect to the Software and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to its subject matter.  In the event of a conflict between this Agreement and any term of any purchase order, acknowledgment or invoice, this Agreement shall prevail.  (c) If any part of this Agreement is found invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect and shall be interpreted so as to reasonably give effect to the intention of the parties.  (d) Authentium may assign its rights and obligations under this Agreement, without notice, to any affiliate of Authentium or to any party (or its affiliate) acquiring all or substantially all of the assets or stock, by merger or otherwise, of Authentium or any affiliate of Authentium.  (e) This Agreement shall terminate upon your breach of any term contained herein.  Upon termination of this Agreement, you shall cease using the Software and destroy all copies in your possession. (f) The disclaimers of warranties and the limitation on damages and liability shall survive termination of this Agreement.

10.	Authentium Contact.  If you have any questions concerning this Agreement or would otherwise like to contact Authentium, please call (561) 575-3200 and ask for customer service, or fax (561) 575-3026 or write to Authentium, Inc., 7121 Fairway Drive, Suite 102, Palm Beach Gardens, FL  33418; http://www.authentium.com.