
BitRock InstallBuilder License Agreement 
and Limited Product Warranty

CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT.

This End-User License Agreement ("EULA") is a legally enforceable
contract between Licensee, and BitRock S.L. ("BitRock").  By
clicking "I agree", installing, copying, or otherwise using any
part of the software available for download on BitRock's, or its
affiliate's Web Site, or any associated media, any printed
materials, or any "online" or electronic documentation, Licensee
agrees to be bound by the terms of this EULA. IF YOU DO NOT AGREE
TO THE TERMS OF THIS EULA, DO NOT INSTALL AND/OR USE THIS
SOFTWARE. LICENSEE'S USE OF THIS SOFTWARE IS CONDITIONED UPON
COMPLIANCE BY LICENSEE WITH THE TERMS OF THIS EULA.

1. DEFINITIONS. The following terms shall have the following meanings:
"Effective Date" means the date upon which Licensee purchases a
license Key through the BitRock website, or issues to BitRock a valid
purchase order for a license Key.  "Licensee" means, you if you are
purchasing a license for your own individual use, or the entity by
which you are employed, if you are purchasing such license on behalf
of your employer; "Location(s)" means the physical street address(es)
listed on the Order Form wherein Licensee intends to install the
Software; "Order Form" means the online ordering form pursuant to
which you selected certain BitRock product(s); "Purchase Order" means
a procurement or purchasing order validly issued by Licensee if
Licensee is a business entity and you are procuring a license without
entering BitRock's Order Form. "Software" means the object code form
of BitRock's software products identified on the Order Form or
Purchase Order,or which you elected to download from BitRock or its
affiliates and any Updates and Upgrades to such products which are
provided to Licensee by BitRock at its sole discretion, and any 
documentation accompanying any of the foregoing software products;
"User" means the employees or contractors of Licensee designated on
the Order Form , or the Purchase Order, by Licensee and approved by
BitRock prior to use.

2. GRANT OF RIGHTS.

2.1 InstallBuilder Software. Subject to the terms and conditions of
this EULA, and subject to any applicable restrictions set forth on 
the Order Form, BitRock hereby grants to Licensee a perpetual,
nonexclusive, nonsublicensable, nontransferable (except in accordance
with Section 14) license to: (A) reproduce the Software solely for
the purpose of installing the Software at the Location(s); (B) use
the Software solely at the Location(s) and solely for Licensee's 
internal operation and use; (C) permit the number of Users specified
on the Order Form or the Purchase Order, as the case may be, to 
install and use the Software to develop and manage applications that
use the Software; and (D) deploy and use the applications pursuant to
this Section 2.  Licensee may make one backup copy of the Software per
Location, for archival or disaster recovery purposes.  The license
granted herein is granted solely to the individual or entity set forth
on the Order Form, and not, by implication or otherwise, to any
parent, subsidiary or affiliate of such individual or entity.  All
rights not expressly granted hereunder are reserved to BitRock.
Licensee may not copy, distribute, reproduce, use or allow access to
the Software except as explicitly permitted under this
Agreement. Licensee shall not modify, adapt, translate, prepare
derivative works from, decompile, reverse engineer, disassemble or
otherwise attempt to derive source code from the Software or any
internal data files generated by the Software, except and only to the
extent that such activity is expressly permitted by applicable law
notwithstanding this limitation. Licensee shall not use the Software
in a service bureau modality, or lease, rent or loan the Software or
the use thereof to any third party. Licensee shall not remove,
obscure, or alter BitRock's or its licensors copyright notices,
trademarks, or other proprietary rights notices affixed to or
contained within the Software. As between the parties, BitRock owns
and shall retain all right, title, and interest in and to the
Software, including all copyrights, patents, trade secret rights,
trademarks and other intellectual property rights therein. Licensee
shall provide BitRock with access to Licensee's Location(s), at
reasonable times and upon reasonable notice, to verify Licensee's
compliance with the terms of this EULA.  The Software is licensed and
not sold. Without limiting the foregoing, any terms and conditions
on any Purchase Orders or similar materials submitted by Licensee to
BitRock which are inconsistent with any of these terms and conditions
shall be of no force or effect. For the avoidance of doubt, the
automatic update tool that is included with all InstallBuilder
Software downloads is considered a generated Installer Package for 
the purposes of this Agreement. All terms provided herein also apply
to the aforementioned automatic update tool.

2.2 Installation Packages Generated with InstallBuilder Software.
Licensee is granted a royalty-free, world-wide, perpetual license to
distribute installation packages generated by Licensee using a 
fully-paid, licensed copy of InstallBuilder, including, but not
limited to: executable installation wizards, RPM packages and 
Debian packages. Licensee may sublicense this right to any partners, 
resellers or other third parties as it deems necessary. For the 
avoidance of doubt, Licensee may not distribute installation 
packages generated by Licensee during the Evaluation Term as defined
in Section 3.1. Only after receiving a valid license Key from 
BitRock may Licensee distribute generated installation packages. 
Installation packages may be distributed by Licensee in conjunction 
with its own proprietary software applications.

3. TERM.

3.1 Evaluation Term.  Licensee is granted a limited right to use the
Software, in compliance with this EULA free of charge for a period of
evaluation commencing upon the date on which Licensee downloads the
Software from BitRock's website and lasting thirty (30) calendar days
thereafter, unless extended in writing by BitRock (the "Trial
Evaluation Period").

3.2 This EULA is effective upon the Effective Date or, in any event
upon Licensee's installation of the Software and continues unless 
terminated by Section 9 below, although Updates and support will
only be provided for a term commencing with the Effective Date and 
lasting one (1) year from such date.  Licensee's license may be 
renewed for support and upgrades to newer versions of the Software
for 50% of the current retail license prices at the time of renewal.
If Licensee's license is not renewed within 30 days of the end of 
the current term, licensee waives all rights to any such renewal 
discount.

4.  SOFTWARE ACTIVATION. Following the receipt by BitRock of the
applicable Fees for the relevant license, BitRock will issue to
Licensee a key to activate the Software for the license (a "Key").
Licensee will be responsible for installing the Key to activate the
Software.  The Key shall be considered Confidential Information of
BitRock, as that term is defined herein.

5. FEES AND PAYMENT.

5.1.  Fees. In consideration for the rights granted hereunder,
Licensee shall pay BitRock license fees in the amounts set forth on
the Order Form, or the relevant Purchase Order, as the case may be,
and will pay BitRock all license fees due for the Initial Period 
(as specified on the Order Form or Purchase Order) on or before the
Effective Date specified on the Order Form or Purchase Order.

5.2. Terms of Payment. All payments are non-refundable (with an
exception for any limited money-back guarantees that are specified in
writing or on the BitRock website, www.bitrock.com, at the time of
purchase of a license.) All fees quoted and payments made hereunder
shall be in U.S. Dollars.  Licensee shall be responsible for all sales
taxes, use taxes, withholding taxes, value added taxes and any other
similar taxes imposed by any federal, state, provincial or local
governmental entity on the transactions contemplated by this EULA,
excluding taxes based upon BitRock's net income.  When BitRock has the
legal obligation to pay or collect such taxes, the appropriate amount
shall be invoiced to and paid by Licensee unless Licensee provides
BitRock with a valid tax exemption certificate authorized by the
appropriate taxing authority.

6. OWNERSHIP.

6.1.  Software. BitRock owns all right, title and interest in and to
the Software, except the Third Party Software (as that term is defined
in Section 6.2 below), and any modifications thereto, including
without limitation, all Intellectual Property Rights therein and
related thereto. Licensee owns the applications that Licensee develops
pursuant to Section 2 above provided that BitRock retains all right,
title and interest in and to any portion of the Software used in
connection with the applications. InstallBuilder and the BitRock name
and logo are trademarks of BitRock, and no right or license is granted
to Licensee under this EULA to use such trademarks. "Intellectual
Property Rights" means all worldwide patent, patent applications,
copyrights, trade secrets, trademarks, service marks, trade names and
any other intellectual property, proprietary, and database protection
rights.

6.2. Third Party Software. Licensee acknowledges that the
InstallBuilder Software is designed to work with, and contains,
certain third party software, including without limitation, certain
software licensed by its owners under open source software license
(collectively, the "Third Party Software"). Any Third Party Software,
whether distributed with the InstallBuilder Software or otherwise
obtained by Licensee, is subject to the terms of the third party
software license accompanying or otherwise applicable to that Third
Party Software ("Third Party License"). The terms of the applicable
Third Party License will apply to the Third Party Software independent
of the terms of this EULA. Nothing in this EULA limits Licensees
rights under, or grants rights to Licensee that supersede the terms of
any applicable Third Party License.

7. NO WARRANTY AND LIMITED LIABILITY.

7.1. DISCLAIMER OF EXPRESS AND IMPLIED WARRANTIES.  THE SOFTWARE AND
THE DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND
EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE
OF THIS SOFTWARE REMAINS WITH LICENSEE.

7.2 LIMITATION OF LIABILITY.  TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL LIABILITY OF BITROCK OR
ANY OF ITS SUPPLIERS OR LICENSORS ARISING OUT OF THIS EULA WITH
RESPECT TO ANY PARTICULAR SOFTWARE OR THE USE OR PERFORMANCE OF SUCH
SOFTWARE EXCEED THE SUM OF THE LICENSE FEES ACTUALLY PAID BY LICENSEE
HEREUNDER FOR SUCH SOFTWARE.  TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL BITROCK OR ANY OF ITS SUPPLIERS OR
LICENSORS HAVE ANY LIABILITY TO LICENSEE FOR ANY LOST PROFITS OR COSTS
OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT
LIMITED TO DAMAGES FOR LOST DATA, HOWEVER CAUSED AND UNDER ANY THEORY
OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT, PRODUCTS
LIABILITY, STRICT LIABILITY AND NEGLIGENCE, AND WHETHER OR NOT SUCH
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.  THE PARTIES
AGREE THAT THIS SECTION 7 REPRESENTS A REASONABLE ALLOCATION OF RISK.

8. CONFIDENTIALITY. The term "Confidential Information" shall mean any
information disclosed by either party (the "Disclosing Party") to the
other party (the "Receiving Party") in connection with this EULA which
is disclosed in writing, orally or by inspection and is identified as
"Confidential" or "Proprietary."  Notwithstanding the foregoing, the
following is "Confidential Information" of BitRock: (a) any
information, in whatever form, disclosed by BitRock that relates to
the Software and that is not publicly known; (b) any benchmark tests
pertaining to the Software; and the Software license Key provided by
BitRock to Licensee hereunder.  The Receiving Party shall treat as
confidential all Confidential Information received from the Disclosing
Party, shall not use such Confidential Information except as expressly
permitted under this Agreement, and shall not disclose such
Confidential Information to any third party without the Disclosing
Party's prior written consent.  The Receiving Party shall use the same
degree of care to protect the Confidential Information of the
Disclosing Party against unauthorized use or disclosure that it takes
with its own confidential information of like nature, but in no event
less than a reasonable degree of care.  Notwithstanding the above, the
restrictions of this Section shall not apply to information that: (a)
was independently developed by the Receiving Party without any use of
the Confidential Information of the Disclosing Party; (b) becomes
known to the Receiving Party, without restriction, from a third party
without breach of this Agreement and who had a right to disclose it;
(c) was in the public domain at the time it was disclosed or becomes
in the public domain through no act or omission of the Receiving
Party; or (d) was rightfully known to the Receiving Party, without
restriction, at the time of disclosure. Without terminating any
restrictions or obligations of this Section, a Receiving Party is not
prohibited hereunder from disclosing Confidential Information of the
other party if such information is disclosed pursuant to the valid
order or requirement of a court, administrative agency, or other
governmental body of competent jurisdiction; provided, however, that
the disclosure is strictly limited to the extent necessary to comply
with such order and, provided further that, the Receiving Party shall
provide prompt notice thereof to the Disclosing Party and shall use
commercially reasonable efforts to obtain a protective order or
otherwise prevent public disclosure of such information.

9. TERMINATION. BitRock may terminate this EULA upon Licensee's breach
of this EULA if Licensee fails to cure such breach within 15 days of
receipt of BitRock's notice thereof. Upon termination or expiration of
this EULA: (a) any fees owed to BitRock under this EULA before such
termination or expiration will be immediately due and payable; (b) all
licenses granted to Licensee in this EULA will immediately cease; and
(c) Licensee must promptly discontinue all use of the Software,
uninstall and erase all copies of the Software from Licensee's
computers, and return or, at the option of BitRock, destroy all copies
of the Software in Licensee's possession or control. Sections 6, 7, 8,
9, 10, 11 and 12 will survive termination or expiration of this EULA
for any reason. Licenses to installation packages generated by 
Licensee and distributed by Licensee prior to termination of this 
EULA shall survive termination.

10. SUPPORT. Basic support is included in the Software License Fees.
Subject to Customer's payment of the Software License Fees due for the
Initial Period and any Renewal Period, BitRock will provide Customer
with basic support for the InstallBuilder Software during the Initial
Period and each such Renewal Period. Basic Support is offered solely
for the InstallBuilder Software and excludes any and all Third Party
Software.

11. U. S. GOVERNMENT END USERS. The Software is comprised of
"Commercial Computer Software" and "Commercial Computer Software
Documentation," as such terms are used in 48 C.F.R. 12.212 or 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 4, as applicable, the Commercial Computer
Software and Commercial Computer Software Documentation are being
licensed to the 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 in this EULA.

12. EXPORT. Licensee will comply with all applicable export and import
laws and regulations in its use of the Software and, in particular,
Licensee will not export or re-export the Software without all
required United States and foreign government licenses.

13. USE OF CUSTOMER'S NAME. Licensee acknowledges that BitRock may use
Licensee's company name on BitRock's customer list provided to third
parties.

14. GENERAL. This EULA will be governed by the laws of California
without regard to conflicts of law principles. The Courts of
California will have exclusive jurisdiction over any disputes arising
under this EULA and the parties hereby irrevocably consent to the
personal jurisdiction of such courts. In the event any proceeding or
lawsuit is brought by the parties in connection with this EULA, the
prevailing party in such proceeding or lawsuit will be entitled to
receive its costs and reasonable attorneys' fees. If any provision of
this EULA is held to be unenforceable, that provision will be modified
so as to be enforceable, or if such modification is not possible, will
be removed and the remaining provisions will remain in full force. No
modification, amendment or waiver of any provision of this EULA shall
be effective unless in writing and signed by an officer of BitRock and
an authorized representative of Licensee.  No failure or delay by
either party in exercising any right, power, or remedy under this
EULA, except as specifically provided herein, shall operate as a
waiver of any such right, power or remedy.  Without limiting the
foregoing, terms and conditions on any purchase orders or similar
materials submitted by Licensee to BitRock shall be of no force or
effect. Neither this Agreement nor any rights or obligations of
Customer under this Agreement may be assigned by Licensee in whole or
in part without the prior written consent of BitRock (except in 
connection with a merger or acquisition, or the sale of all or 
substantially all of such party's assets), and any attempted
assignment or transfer by Licensee in violation of the foregoing will
be null and void. This Agreement, is the complete and exclusive
statement of the agreement between the parties and supersedes any
proposal or prior agreement, oral or written, and any other
communications between the parties in relation to the subject matter
of this Agreement. This EULA will not be modified except by a
subsequently dated written amendment or exhibit signed by the duly
authorized representatives of both parties. The parties agree that the
United Nations Convention on Contracts for the International Sale of
Goods is specifically excluded from application to this
Agreement. This Agreement is in the English language only, which
language will be controlling in all respects.

(C) 2005-2013 BitRock SL. All rights reserved
