COMPUTER SENTRY SOFTWARE, INC.

INDIVIDUAL END-USER LICENSE AGREEMENT FOR THE CYBERANGEL (TM) SYSTEM
Copyright 1996  Computer Sentry Software, Inc.
All Rights Reserved
Patent Pending

The CyberAngel (TM) System End-User License Agreement

IMPORTANT -- PLEASE READ AGREEMENT CAREFULLY BEFORE ACCEPTING THE
LICENSE AND THE CYBERANGEL (TM) SYSTEM. BY ACKNOWLEDGING THE ACCEPTANCE OF THIS LICENSE, YOU AGREE TO BE BOUND BY THE TERMS OF THE LICENSE.  

The CyberAngel (TM) System End-User License Agreement (known as "CA License") is a legally binding agreement between you (either an individual or a single legal entity) and Computer Sentry Software, Inc., (known as "CSS") for The CyberAngel(TM) System, which includes computer software, monitoring and notification services, and associated printed materials and media, and may include electronic documentation, including online materials.  In this Agreement, the software, services and other materials so described shall be referred to collectively as "The CyberAngel(TM) System" or the "CA System".  By installing, copying, or otherwise using the CA System or otherwise acknowledging acceptance of this license, you agree to be bound by the terms of this CA License. IF YOU DO NOT AGREE TO THE TERMS OF THIS CA LICENSE, THEN DO NOT ACCEPT THIS SYSTEM AND DO NOT CONTINUE WITH THE REGISTRATION PROCESS.  Acceptance of the CA License can be by on line/electronic acquisition or by individual acquisition. If you have acquired the CA System individually through the manufacturer or one of its authorized distributors, and do not agree to the terms of this CA License, then PROMPTLY NOTIFY THE MANUFACTURER OR ITS DISTRIBUTOR AND RETURN THE UNUSED SYSTEM TO THE PLACE OF PURCHASE AND YOU WILL RECEIVE AN IMMEDIATE FULL REFUND.  Use of the CA System signifies acceptance of the CA License and will validate as legally binding all provisions of the CA License.

IMPORTANT  -  THE CYBERANGEL (TM) SYSTEM SOFTWARE ACQUIRED ON-LINE/ELECTRONICALLY OR PURCHASED DIRECTLY FROM THE MANUFACTURER OR ONE OF ITS DEALERS IS FULLY FUNCTIONAL ONLY UPON COMPLETION OF THE REGISTRATION PROCESS AND PAYMENT FOR MONITORING SERVICES. FAILURE TO INITIALLY PURCHASE OR ANNUALLY RENEW THE MONITORING SERVICES RENDERS THIS LICENSE VOID AND THE SOFTWARE ACQUIRED NON-FUNCTIONAL REGARDING ITS INTENDED PURPOSES.

THE CYBERANGEL (TM) SYSTEM LICENSE AGREEMENT

The CA System is protected by copyright and intellectual property laws and international treaties.  The CA System is licensed, not sold.  The CA System is subject to U.S. Patent Pending and is protected accordingly.

1.  Acceptance of License and License Fee.  By accepting the CA License, you agree to follow the provisions of this Agreement and to pay both an initial and annual monitoring license fee each year thereafter. Online payment shall be by approved credit card.  Failure to adhere to the provisions of this Agreement and/or satisfy the payment provisions immediately voids the License. If the license is voided by failure to pay the annual monitoring fee, you agree to disable the CA system software installed on your computer system.

2.  Grant of License.  This CA License grants you the following rights:
	(a)  The CyberAngel(TM) System Software.  You may install and use one copy of the CA System on a single-user computer.  If the CA System includes features that enable your single-user computer to act as a network server, any number of computers or workstations may access or otherwise utilize the basic network services of that server. The basic network services are more fully described in the printed materials accompanying the CA system.
	(b)  Storage/Network Use.  You may also store or install a copy of the CA System on a storage device such as a network server, used only to install or run the CA System on your other computers over an internal network.  In order to do so, however, you must first acquire and dedicate a license for each separate computer on which the CA System is installed or run from the storage device.  A license for the CA System may not be shared or used concurrently on different computers.
	(c)  Definition of "In Use".  For a single-user computer or workstation not attached to a network, or for a network server, the CA System is considered "in use" when any portion of the CA System software is either loaded in memory or virtual memory ("Loaded"), or stored on a hard disk or other storage device ("Stored").  For single-user computers or workstations attached to a network, the quantity of the CA System software "in use" is considered to be the greater of (i) the maximum number of computers on which the CA System software is Loaded at any one time, or (ii) the maximum number of computers on which the CA System software is Stored. 

3.  Additional Rights and Limitations.
	(a)  Limitation on Reverse Engineering, Decompilation, and Disassembly.  You may not reverse engineer, decompile, or disassemble the CA System.
	(b)  Separation of Components.  The CA System and all related materials are licensed as a single system and may only be used as an integrated system.  None of the parts may be separated from the system for use on more than one computer or for any other purpose.
	(c)  Rental.  You may not rent, lease, lend, or sublicense the CA System.
	(d)  System Transfer.  You may permanently transfer all of your rights under this License to another registered owner of the CA system only , provided that:
		i-You retain no copies of all or portions of the CA System;
		ii-You transfer all of the CA System (including all component parts, the media and printed materials, any upgrades, this CA License, and the Certificate of Authenticity, if applicable).  If the CA System being transferred is an upgrade, any transfer must include all prior versions of the CA System; and
		iii-The third party recipient properly notifies CSS that it agrees to and accepts the terms of this CA License and becomes a registered owner of the software.
	(e)  Termination.  Without prejudice to any other rights, CSS may terminate this CA License if:
		i-You fail to comply with any or all of the terms and conditions of this CA License.  In such event, you must destroy all components of the CA System, including software copies, media, and other parts.
		ii-You fail to renew your license by the end of the first year of monitoring or the end of any subsequent annual monitoring period.  

4.  Upgrades or Trade-Ups.  If the CA System is an upgrade from or a trade-up of another CSS product or system, you may only use or transfer the CA System in conjunction with that upgraded product, unless you destroy the upgrade.  Furthermore, the use of any upgraded product must only be in accordance with this CA License.  The CA System and any related upgrades may only be used and transferred as part of the integrated CA System product package and may not be separated for use on more than one computer.

5.  Proprietary Rights.  All titles and copyrights in and to the CA System, including without limitation any images, photographs, animations, video, audio, music, text, and other items incorporated into the CA System, the accompanying printed materials, and any copies of the CA System software, are owned by Computer Sentry Software, Inc., and/or its suppliers. The CA System is protected by federal copyright laws, intellectual property laws, patent pending laws, and various international treaties. Therefore, the rights to the CA System will be enforced like any other proprietary interest subject to the copyright and intellectual property laws.  As a party to this CA License, you may either:
	(a)  make one copy of the CA System software solely for archival/back-up purposes; or
	(b)  install the CA System software backup/archival copy on a single computer; provided that you retain the original software solely for backup/archival purposes.  You may NOT copy the printed materials and/or media accompanying the CA System.

6.  Dual-Media Software.  You may receive the CA System components in more than one medium.  Regardless of the type or size of 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 described above) of the CA System.

7.  U.S. Government Restricted Rights.  The CA System software and related documentation are granted 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 (c)(2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.  Manufacturer is Computer Sentry Software, Inc., 381 Riverside Drive, Suite. 130, Franklin, TN 37064.

8.  Governing Laws.  If you acquired the CA System in the United States or from CSS through its website, this CA License is governed by the laws of the State of Tennessee and the United States, generally.  If you acquired the CA System outside the United States, then local law may apply, in addition to United States copyright laws and various other applicable laws and treaties. Jurisdiction for all disputes related hereto shall be in the Courts of Davidson or Williamson County, Tennessee, U.S.A.

9.  Additional Information.  If you have additional questions concerning this CA License, or if you wish to contact CSS for any reason, please write: Computer Sentry Software, Inc., 381 Riverside Drive, Suite. 130, Franklin, TN 37064.

10. Limited Warranty.  CSS warrants that:
	(a)  The CA System will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt; and
	(b)  Any CA System hardware will be free from defects in materials and workmanship under normal use and service for a period of one (1) year 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 CA System and its software and hardware are limited to ninety (90) days and one year, respectively.
	(c)  NO OTHER WARRANTIES.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CSS AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE CA SYSTEM, THE RELATED SOFTWARE, AND ANY ACCOMPANYING HARDWARE.  THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.  YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
	(d)  NO LIABILITY FOR CONSEOUENTIAL DAMAGES.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CSS 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 CA SYSTEM, EVEN IF CSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
	(e)  NO LIABILITY FOR END-USER HARDWARE, ELECTRICAL, TELECOMMUNICATIONS, NETWORK, INTERNET AND/OR OTHER SYSTEM FAILURES.  Due to the inherent hazards of electronic communications and other third party electronic system failures, CSS shall not be responsible for any CA System failures or problems due, in whole or in part, to your hardware, electrical, and/or other system failures, or failures of the internet, a network or any other telecommunications system, whether they are technical, operational, or otherwise.  IN PARTICULAR, CSS SHALL NOT BE RESPONSIBLE FOR ANY PROBLEMS OR ISSUES RELATED TO THE MILLENNIUM, OTHERWISE KNOWN GENERALLY AS "YEAR 2000" PROBLEMS/ISSUES.

11.  Customer Support.  CSS will attempt to answer your technical support requests concerning the CA System.  This service is offered on a reasonable efforts basis and does not guarantee that the CA System will work if the components are altered or tampered with in any way.  CSS takes no responsibility for CA System failure due to conditions out of its control, including acts of God, acts of war, system failure due to power supplier outage or any other such third party system failure.  CSS support of the CA System is only available if the CA System is used under conditions and on the operating systems for which it has been designed.

12.  No Computer Retrieval Guarantee; No Unauthorized User Identification Guarantee.  The CA System is a computer monitoring device.  CSS does not warrant or guarantee that any stolen computer, laptop or otherwise, or computer materials will be retrieved once the CA System notifies you that unauthorized entry into your computer's system has been attempted.  The CA System is not a Service which can warrant or guarantee the identification of the unauthorized user.  CSS makes no guarantee that you will be able to confront unauthorized users once the CA System has notified you that unauthorized entry into your computer's system has been attempted.

13.  General Provisions.  If any provision of this License is found to be unlawful, void, or unenforceable, then that provision shall be severed from this License, and will not affect the validity and enforceability of any of the remaining provisions.

Your acknowledgement of this License and registration of the CA System will signify that you have read, understood, and agree to abide by the terms and provisions of this License as of the date of registration.

This CA System, including documentation and media, is protected by intellectual property and copyright laws and international treaties and is a proprietary and patent pending product of Computer Sentry Software, Inc.  The use of this CA System is governed by the terms of this CA System End User License. If you do not agree with the terms of the License, please DO NOT COMPLETE THE REGISTRATION AND DO NOT ACCEPT THE SYSTEM electronically or through individual delivery.   Please notify the manufacturer or authorized dealer from whom you obtained the CA System FOR AN IMMEDIATE REFUND and then return the product, as appropriate.
