END USER LICENSE AGREEMENT FOR ANCONIA SOFTWARE For: Anconia RocketSales '10 IMPORTANT - READ CAREFULLY: This Anconia End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Anconia, Inc. ("Anconia") for the Anconia software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("Software Product"). By installing, copying, or otherwise using the Software Product, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the Software Product; you may, however, return it to your place of purchase for a full refund. SOFTWARE PRODUCT LICENSE The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Product is licensed, not sold. 1. GRANT OF LICENSE. This EULA grants you the following rights: * Application Software. You may: (a) install and use one copy of the Software Product, or any prior version for the same operating system, on one personal computer or other device; and (b) install an additional copy of the Software on a second, portable device for the exclusive use of the primary user of the first copy of the Software. * Alternative Rights for Storage/Network Use. As an alternative to Section 1(a), you may install a copy of the Software on a network storage device, such as a server computer, and allow one access device, such as a personal computer, to access and use that licensed copy of the Software over a private network. You must obtain a license to the Software for each additional device that accesses and uses the Software installed on the network storage device, except as permitted below. * License Grant for Remote Desktop. You may use remote access technologies, such as the Remote Desktop features in Microsoft Windows, to access and use your licensed copy of the Software, provided that only the primary user of the device hosting the remote desktop session accesses and uses the Software with a remote access device. These remote desktop rights do not permit you to use the Software on both the device hosting the remote desktop session and the access device at the same time. * License Grant for Remote Assistance. You may permit any device to access and use your licensed copy of the Software for the sole purpose of providing you with technical support and maintenance services. * License Pack. If you have acquired the EULA in an Anconia License Pack, you may make the number of additional copies of the computer software portion of the Software Product authorized on the printed copy of this EULA, and you may use each copy in the manner specified. 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. * Academic Edition Software. If the Software Product is identified as "Academic Edition" or "AE," you must be a "Qualified Educational User" to use the Software Product. If you are not a Qualified Educational User, you have no rights under this EULA. To determine whether you are a Qualified Educational User, please see the Anconia Web site at www.anconia.com, or contact the Anconia subsidiary serving your country. * Not for Resale Software. If the Software Product is labeled "Not for Resale" or "NFR," then, notwithstanding other sections of this EULA, you may not resell, or otherwise transfer for value, the Software Product. * Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Software Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. * Separation of Components. The Software Product is licensed as a single product. Its component parts may not be separated for use on more than one computer. * Rental. You may not rent, lease, or lend the Software Product. * Support Services. Anconia may provide you with support services related to the Software Product ("Support Services"). Use of Support Services is governed by the Anconia policies and programs described in the user manual, in "online" documentation, and/or in other Anconia-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the Software Product and subject to the terms and conditions of this EULA. With respect to technical information you provide to Anconia as part of the Support Services, Anconia may use such information for its business purposes, including for product support and development. Anconia will not utilize such technical information in a form that personally identifies you. * Software Transfer. Unless the Software Product is labeled "Not for Resale" or "NFR," you may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the Software Product (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity), and the recipient agrees to the terms of this EULA. If the Software Product is an upgrade, any transfer must include all prior versions of the Software Product. * Termination. Without prejudice to any other rights, Anconia may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software Product and all of its component parts. 3. UNSOLICITED COMMERCIAL EMAIL ("UCE"). You may not use the Software Product to send UCE. You may only use the Software Product to send emails to recipients who have consented to receive email from you by opting in to your mailing list or due to a pre-existing business relationship. Emails sent using the Software Product must: - Have a valid email address or Web site link which lets recipients unsubscribe - Have a valid email address for handling bounced email - Be routed through an outbound mail (SMTP) server which is licensed to you - Not have misleading or spoofed email headers You must promptly honor all unsubscribe requests from your email recipients. 4. UPGRADES. If the Software Product is labeled as an upgrade, you must be properly licensed to use a product identified by Anconia as being eligible for the upgrade in order to use the Software Product. A Software Product labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the Software Product is an upgrade of a component of a package of software programs that you licensed as a single product, the Software Product may be used and transferred only as part of that single product package and may not be separated for use on more than one computer. 5. COPYRIGHT. All title and copyrights in and to the Software Product (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software Product), the accompanying printed materials, and any copies of the Software Product are owned by Anconia or its suppliers. The Software Product is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software Product like any other copyrighted material except that you may install the Software Product on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the Software Product. 6. DUAL-MEDIA SOFTWARE. You may receive the Software Product in more than one medium. Regardless of the type or size of the medium you receive, you may use only one medium that is appropriate for your single computer. You may not use or install the other medium on another computer. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the Software Product. 7. U.S. GOVERNMENT RESTRICTED RIGHTS. The Software Product and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Anconia, Inc., U.S.A. 8. EXPORT RESTRICTIONS. Recipient acknowledges that the Product and Documentation acquired hereunder are subject to the export control laws and regulations of the U.S.A., and any amendments thereof. Recipient confirms that with respect to these Product and Documentation, it will not export or re-export them, directly or indirectly, either to (i) any countries that are subject to U.S.A export restrictions (currently including, but not necessarily limited to, Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria); (ii) any end user who Recipient knows or has reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons; or (iii) any end user who has been prohibited from participating in the U.S.A. export transactions by any federal agency of the U.S.A. government. Recipient further acknowledges that the Product may include technical data subject to export and re-export restrictions imposed by U.S.A. law. 9. GOVERNING LAW; ATTORNEYS' FEES. If you acquired this product in the United States, this EULA is governed by the laws of the State of New York, and you further consent to jurisdiction by the state and federal courts sitting in the State of New York. If you acquired this product outside the United States, then local law may apply. If either you or Anconia employ attorneys to enforce any rights arising out of or relating to this EULA, the prevailing party shall be entitled to recover reasonable attorneys' fees. 9. MISCELLANEOUS. If any part of this EULA is found void and unenforceable, it will not affect the validity of the balance of the EULA, which shall remain valid and enforceable according to its terms. This EULA shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of Anconia. Should you have any questions concerning this EULA, or if you desire to contact Anconia for any reason, please contact the Anconia subsidiary serving your country; or see the Anconia Web site at www.anconia.com. _________________________________________________ LIMITED WARRANTY _________________________________________________ 1. LIMITED WARRANTY. Anconia warrants that the Software Product will perform substantially in accordance with the accompanying documentation for a period of ninety (90) days from the date of receipt. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the Software Product, if any, are limited to ninety (90) days. 2. CUSTOMER REMEDIES. Anconia's and its suppliers' entire liability and your exclusive remedy shall be, at Anconia's option, either (a) return of the price paid, if any, or (b) repair or replacement of the Software Product that does not meet Anconia's Limited Warranty and which is returned to Anconia with a copy of your receipt. This Limited Warranty is void if failure of the Software Product has resulted from accident, abuse, or misapplication. Any replacement Software Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by Anconia are available without proof of purchase from an authorized international source. 3. NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANCONIA AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/ JURISDICTION. 4. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANCONIA OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF ANCONIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, ANCONIA'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S.$5.00. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.