Rocky Mountain RAM SafeBoot® License Terms

(“Licensee”) is hereby granted by SafeBoot Corp. (“SAFEBOOT”), and Licensee accepts, a non­exclusive, non­assignable, non­transferable, license to install and use SafeBoot’s software (“Product(s)”) and accompanying documentation (“Documentation”), as referred to in the attached proposal solely for Licensee ‘s own internal use and benefit and as authorized in these Terms & Conditions and solely for the agreed number of users. Licensee shall not (i) lend, sell, lease or otherwise dispose of the Product(s) without SafeBoot’s written approval; (ii) use the Product(s) and / or Documentation for any other purpose than provided in these Terms & Conditions; (iii) copy, modify, decompile or reverse compile by any means, including but not limited to analyses by debug or reverse assembler tools, the Product(s) or the Documentation. Product(s) will be provided in machine readable, object code form only. The intellectual property in the Product(s) — and the Documentation shall remain vested in SafeBoot at all times.

Term — License Type and Restrictions
Provided issuance of a purchase order (“PO”) and payment of all amounts due by Licensee, the license granted is a perpetual license, unless and until terminated by Licensee or by SafeBoot if Licensee fails to meet these terms and conditions or the conditions of any preceding agreement between Licensee and SafeBoot. Upon termination, all Product(s) must be removed from all systems using the Product(s) and all Product(s) and Documentation and all copies thereof must be destroyed or promptly returned to SafeBoot.

Maintenance and Support
Upon payment of the applicable Maintenance & Support (M&S) fees, SafeBoot will provide M&S services to the Licensee. This includes: a) providing Licensee with corrections of any substantial defects or fixes of any serious bugs relating to the Product(s) as such solutions become known to SafeBoot, b) providing Licensee, from time to time, without additional charge, with New Releases that contain new enhancements, performance improvements, upgrades, service packs and/or patches, all within the same version class, which SafeBoot elects to make available to its Licensees base generally (SafeBoot reserves the right to charge separately for specific functionality enhancements or product options), c) during normal business hours, providing a help desk service (which can be contacted by Licensee through e­mail, the internet, fax and telephone) for queries by the Licensee. It is understood, however, that in respect to on­site support visits, training or hardware and related supplies, SafeBoot and Licensee shall agree in advance on the services to be provided and the fees for the services; which are at a fixed rate. SafeBoot will support Products as long as they comprise the latest version and for a period of 12 months after the release of a new version.

Payment of Fees
Licensees that have issued a PO, which is accepted by SafeBoot, shall pay a license fee to SafeBoot in accordance with the relevant PO. Termination of the license and/or the M&S services will in no circumstance lead to a refund of fees. Any fees unpaid by Licensee shall be subject to normal allowable government interest rates.

Warranty
SafeBoot represents and warrants that it is the owner or authorized licensor of the Product(s). SafeBoot further warrants that at the time of delivery of the initial Product(s) and for a period of three hundred and sixty five (365) days, Product(s) will be in substantial accordance with the Documentation supplied to Licensee, provided the hardware and operating systems the Product(s) is installed on, comply with the requirements set out in the Documentation. SafeBoot’s liability under this warranty shall be limited to the correction or replacement as soon as reasonably practical of any defective item(s) on the initial Product(s) which SafeBoot determines to be necessary at SafeBoot’s sole cost and expense, provide notice of such defect is provided to SafeBoot during the warranty period. The warranty shall not apply if (i) an item of Product(s) was not used in accordance with SafeBoot’s instructions; (ii) an item of Product(s) has been altered, modified or converted by Licensee not in accordance with the user Documentation as supplied by SafeBoot, or without SafeBoot’s written approval; (iii) any of Licensee’s equipment shall malfunction causing the defect in the Product(s). THE WARRANTIES CONTAINED IN THIS AGREEMENT ARE IN PLACE OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

If provided during the warranty period, new releases containing only corrections of errors of the Product(s) will be provided without additional charge, but SafeBoot may impose a charge for new releases that in SafeBoot’s opinion contain other modifications, improvements or new material.

Limitations of Warranties and/or Liabilities
THE PRODUCT IS PROVIDED “AS IS.” SafeBoot DOES NOT WARRANT THAT THE PRODUCT IS FIT FOR THE USE LICENSEE INTENDS IT TO USE FOR. As far as permitted under applicable law SafeBoot’s liability for direct/actual damages from any cause whatsoever will be limited to the consideration received by SafeBoot from Licensee in the six (6) months preceding a claim. SafeBoot shall in no event be liable for loss of sales, profit, goodwill, or other special, indirect or any consequential damages suffered by Licensee or others in anyway attributable to Licensee’s use of Product(s) or any services provided hereunder.

Nondisclosure/unauthorized use
Licensee agrees to keep all information that is either marked as confidential, or that can reasonably be understood to be of a confidential nature confidential for a period of five (5) years from the date of disclosure. Licensee agrees to use all reasonable precautions to prevent the Product(s) and Documentation from being used by unauthorized persons and to take appropriate action, by instruction, agreement or otherwise, with regard to all persons permitted access to the Product(s) and Documentation, in order to insure the Product(s) is (are) protected.

Governing Law
These Terms & Conditions shall be governed by and construed in accordance with all applicable federal laws and regulations.

Severability
In the event that any of these terms or conditions conflicts with the applicable law(s), or if such provision is held invalid by a court with jurisdiction over Licensee and SafeBoot, such provision shall be restated to reflect, as nearly as possible, the original intentions of the parties in accordance with applicable law, and the remainder of these Terms & Conditions shall remain in full force.

SafeBoot has contracted with Iron Mountain to escrow the SafeBoot intellectual property (IP). The escrow service affords optimal protection to SafeBoot licensees against unfortunate circumstances; circumstances that may adversely affect SafeBoot’s ability to maintain and support the software.