{290129101123} License Agreement Important! You should carefully read the following end user license agreement before installing this software program. If you do not agree with the terms of this Agreement, you cannot install the software and must immediately return it for a refund from whomever you purchased it or by contacting Iatek LLC directly. The "Program" is the PortalApp applications source code and files contained within the electronically delivered media. This software program, any printed materials, any on-line or electronic documentation, and any and all copies and derivative works of such software program and materials (the "Program") are the copyrighted work of Iatek LLC. Iatek LLC and its subsidiaries, licensors and/or its suppliers. All use of the Program is governed by the terms of the End User License Agreement, which is provided below ("License Agreement"). The Program is solely for use by end users according to the terms of the License Agreement. Any use, reproduction or redistribution of the Program not in accordance with the terms of the License Agreement is expressly prohibited. END USER LICENSE AGREEMENT 1. Site License If you have purchased a single site license, Iatek LLC (owner of the PortalApp software application and it's source code) hereby grants, and by installing the Program you thereby accept, a limited, non-exclusive license and right to install and use one (1) copy of the Program for your own use on one (1) website instance. You may not network the Program or otherwise install it or use it on more than one computer at a time. The Program is licensed, not sold. Your license confers no title or ownership in the Program. If you have purchased multiple licenses from Iatek LLC, then you are entitled to use the number of purchased licenses at any given time. You may not copy all or any part of the software or related documentation, except that you may make a reasonable number of copies of the software solely for backup, archival, or development purposes. This software can not be resold, but this license can be resold or transferred to one (1) party for single site use. 2. Ownership All title, ownership rights and intellectual property rights in and to the Program and any and all copies thereof (including but not limited to any animations, applets, artwork, audio, code, concepts, compositions, images, objects, sounds, source code, titles, text, or any related documentation incorporated into the Program) are owned by Iatek LLC and/or its licensors. The Program is protected by the copyright laws of the United States, international copyright treaties and conventions and other laws. All rights are reserved. The Program may contain certain licensed materials and Iatek LLC's licensors may act to protect their rights in the event of any violation of this Agreement. 3. Responsibilities of End User A. Subject to the grant of license hereinabove, you may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Program, or remove any proprietary notices or labels on the Program without the prior consent, in writing, of Iatek LLC. B. The Program is licensed to you as a single product. Its component parts may not be separated. You may modify the code to make the Program fit into your site or to add functionality, but CANNOT re-distribute any part of the code. You must leave the copyright information intact in each of the source files, and cannot use any of this code in other projects without the prior written consent of Iatek LLC Inc. Users may deploy this software on one(1) site only, and are prohibited from using it to host solutions for more than one web site. Users also are prohibited from using this software in an ASP/ISP environment. If you want to deploy the this software in an ASP or ISP scenario, please contact Iatek LLC Inc. for licensing arrangements. You are not entitled to rent, lease, or license the Program to others. You may not provide, sell or transfer reproductions of the Program to other parties in any way. You should back-up to another secure location, on a regular basis, any data files concerning your use of the Program as Iatek LLC has no liability for lost or corrupted data. Maintenance of the Program and data is your responsibility. 4. Program Transfer You may permanently transfer all of your rights under this License Agreement, provided the recipient agrees to the terms of this License Agreement and you agree to remove the Program from all computers on which you installed or had installed by another party. 5. External Components The Program may rely on, external components provided by a third party to provide some level of functionality. This functionality may make a particular feature of the Program dependent on the external component; or the Program may be completely dependent on the external component for operation. In any case, Iatek LLC makes no warranties, claims, or provision for any third party components. You are responsible for making any and all appropriate licensing arrangements with any third party external component providers. 6. Termination This License Agreement is effective until terminated. You may terminate the License Agreement at any time by destroying the media containing the Program or erasing all of the Program’s files and data from all computers you have licensed the Program for. Iatek LLC may, at its discretion, terminate this License Agreement in the event that you fail to comply with the terms and conditions contained herein. In such event, you must immediately destroy the media containing the Program or erase it from all computers you have installed it on, or had installed on. 7. Export Controls The Program may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the United States has embargoed goods, or to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Denial Orders. By installing the Program, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. 8. Limited Warranty Iatek LLC expressly disclaims any warranty for the program and manual(s) are provided "AS IS" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or noninfringement. Any warranty against infringement that may be provided in section 2-312(3) of the uniform commercial code and/or in any other comparable state statute is expressly disclaimed. The entire risk arising out of use or performance of the Program remains with you, however Iatek LLC warrants up to and including 90 days from the date of your purchase of the Program that the media on which the Program is furnished shall be free from defects in material and workmanship. In the event that the downloaded .zip file (delivered via electronic shipment (E-MAIL, FTP, HTTP, etc.) proves to be defective during that time period, and upon presentation to Iatek LLC of proof of purchase of the defective Program, Iatek LLC will at its option 1) electronically deliver a new working copy, 2) correct any defect, or 3) refund your money. 9. Limitation of Liability Neither Iatek LLC (creator and owner of the "ASPapp" and "PortalApp" software), subsidiaries, affiliates or licensors shall be liable in any way for loss or damage of any kind resulting from the use of the program including, but not limited to, loss of goodwill, work stoppage, computer failure or malfunction, security breaches, data loss, data corruption or any and all other commercial damages or losses. This software is provided "as is" without any express or implied warranties. Iatek LLC hereby disclaims all warranties and conditions with regard to the software luding all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Iatek LLC or its suppliers be liable for any special, indirect, or consequential damages or any damages whatsoever resulting from any procurement of substitute goods or services, any business interruption, or any loss of use, data, profits or wages whether in any action of contract, negligence, or other tortuous action arising out of or in connection with the use or performance of software provided. Since the provided source code can be modified, Iatek LLC is not responsible for any loss of data or security faults. 10. Equitable Remedies You hereby agree that Iatek LLC would be irreparably damaged if the terms of this License Agreement were not specifically enforced, and therefore you agree that Iatek LLC shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this License Agreement, in addition to such other remedies as Iatek LLC may otherwise have available to it under applicable laws. 11. Miscellaneous This License Agreement shall be deemed to have been made and executed in the State of Rhode Island and any dispute arising hereunder shall be resolved in accordance with the law of the State of Rhode Island. You agree that any claim asserted in any legal proceeding by one of the parties against the other shall be commenced and maintained in any state or federal court located in the State of Rhode Island, having subject matter jurisdiction with respect to the dispute between the parties. This License Agreement may be amended, altered or modified only by an instrument in writing specifying such amendment, alteration or modification, which is executed by both parties. In the event that any provision of this License Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this License Agreement shall remain in full force and effect. You hereby acknowledge that you have read and understand the foregoing License Agreement and agree that the action of installing the Program is an acknowledgment of your agreement to be bound by the terms and conditions of the License Agreement contained herein. You also acknowledge and agree that this License Agreement is the complete and exclusive statement of the agreement between Iatek LLC and you and that the License Agreement supersedes any prior or contemporaneous agreement, either oral or written (including inconsistent statements in written materials and online help accompanying the Program), and any other communications between Iatek LLC and you.