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Copyright: 2009-2011 Packet General Networks, Inc. ("Packet General")

License: Proprietary 
SOFTWARE LICENSE AGREEMENT Packet General Networks, Inc. ("Packet General"), grants to you a non-transferable, non-exclusive license to use the Server-GENERAL computer program in object code form and the accompanying documentation (collectively the "Program") solely for your own internal business purposes, and subject to the following additional terms:

LICENSE

You May:

a. use the Program on one computer (the "Primary Computer") which you have paid the applicable license fee(s);

b. if indicated on the Purchase Order(s), install and configure the Software on one additional computer (the "Standby Computer"), solely for the purpose of temporarily relief in the event of a failure of the Primary Computer; and

c. make one (1) copy of the Program in machine readable object code form solely for backup purposes, provided that you reproduce all proprietary notices on or in such copy.

You May Not:

a. modify, translate, reverse engineer, decompile, disassemble, otherwise attempt to derive source code from, create derivative works based on, or copy the Program (except for the copy permitted under paragraph (c) above);

b. rent, transfer or grant any rights in any copy of the Program, including the accompanying documentation, in any form to any person or entity outside your business entity without the prior written consent of Packet General which, if given, is subject to the transferee's consent to the terms and conditions of this license; or

c. remove any proprietary notices, labels or marks on or in any copy of the Program, including the accompanying documentation.

This license is not a sale of a copy. Title and copyrights to the Program, including the accompanying documentation, the enclosed copy, and any copy made by you remain with Packet General and its suppliers. No rights are granted with respect to any software source code.

TERMINATION

Unauthorized copying of the Program (alone or merged with other software), including the accompanying documentation, or failure to comply with the above restrictions will result in automatic termination of the license granted hereunder and give Packet General other legal remedies. Upon termination, you shall destroy or return to Packet General all copies of the Program, including the accompanying documentation, in your possession or control.

COMPLIANCE AND AUDIT RIGHTS

You shall bear the responsibility to monitor the use of the Program to ensure compliance with the terms of this Agreement and shall maintain accurate and complete records such that the identity can be determined. Packet General shall, either itself or through its designated representative, have the right to conduct annual audits of your use under this Agreement. In the event that any such audit shows any use of the Program is being used on more than the Authorized Number of Servers or unauthorized copying, then you will pay the cost of the audit, and the Termination section above will apply.

LIMITATION OF LIABILITY

PACKET GENERAL'S LIABILITY ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED A REFUND OF THE LICENSE FEE(S) PAID FOR USE OF THE PROGRAM. IN NO EVENT WILL PACKET GENERAL BE LIABLE FOR ANY LOSS OF DATA, LOST PROFITS, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING FROM THE USE OF THE PROGRAM, INCLUDING THE ACCOMPANYING DOCUMENTATION, OR OTHERWISE ARISING OUT OF THIS AGREEMENT, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF PACKET GENERAL OR AN AUTHORIZED DEALER OF THE PROGRAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. MAINTENANCE AND SUPPORT NOT INCLUDED

Packet General does not, by way of this Agreement, grant you any right to receive maintenance, support or upgrades for the Program. Such services are sold separately and will be governed by another agreement if you elect to purchase them.

GENERAL

This Agreement will be governed by the laws of the State of New York, without reference to conflict of laws principles. In any dispute arising out of this Agreement, Packet General and you consent to the exclusive jurisdiction and venue of both the state and federal courts of New York, New York.

The Program and accompanying documentation are deemed to be "commercial computer software" and "commercial computer software documentation", respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction, release, performing, displaying or disclosing of the software and accompanying documentation by the U.S. Government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement.

This Agreement, and license fee(s) as set forth in the Purchase Order(s) or Packet General's  price list or quotation, as applicable, constitutes the entire agreement between the parties and supersedes all prior agreements, oral or written, dealing with the same subject matter, and may only be amended in a writing signed by both parties. No terms or conditions expressed in the

Purchase Order(s) are incorporated in or shall serve to alter or add to the terms of this Agreement, regardless of the failure of Packet General to object to such terms or conditions, other than the license fee(s), which is hereby incorporated herein by reference.

If any provision of this Agreement is held unenforceable, the remainder shall continue in full force and effect.

You agree to comply with all applicable United States export controls pertaining to the Program.

The warranty disclaimers and limitations of liability set forth above shall apply with equal force to individuals and entities controlled by or affiliated with Packet General and to the successors of Packet General.

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