ELX BizDesk License Agreement CAREFULLY READ THIS END USER LICENSE AGREEMENT ("EULA") BEFORE USING THIS PRODUCT. BREAKING THE SEALS, INSTALLING, OR OTHERWISE USING THIS PRODUCT INDICATES ACKNOWLEDGMENT THAT THIS LICENSE HAS BEEN READ AND BINDS COMPLIANCE TO THE TERMS. 1. LICENSE: A. ELX BizDesk ("Software Product") is a modular operating system made up of individual software components that were created by various individuals and entities ("Software Programs"). The End User may install the Software Product on one commercial use computer. B. Many of the Software Programs included in ELX BizDesk are distributed under the terms of the GNU General Public License("GPL") and other similar license agreements that permit the user to copy,modify and redistribute the Software Programs. Please review the terms andconditions of the license agreement that accompanies each of the SoftwarePrograms included in ELX BizDesk. C. In addition to the freely distributable Software Programs, some versions of ELX BizDesk may also include certainSoftware Programs that are not distributed under the terms of the GPL or similarlicenses that permit modification and redistribution. Generally, each of theseSoftware Programs is distributed under the terms of a license agreement thatgrants the licensed user to install each of the Software Programs on a singlecomputer for the user's own individual use. Copying (other than for archivalpurposes), redistribution, reverse engineering, decompiling and/or modificationof these Software Programs is prohibited. Any violation by the user of theapplicable license terms shall immediately terminate the license to use theSoftware Program. In order to view the complete terms and conditions whichgovern the use of these Software Programs, please consult the license agreement that accompanies each of the Software Programs. If the user does not agree to comply with and be bound by the terms of the applicable license agreements, do not install, distribute or otherwise use the relevant Software Program. If the user wishes to install these Software Programs on more than one computer, please contact the vendor of the program to inquire about purchasing additional licenses. 2. PROPRIETARY RIGHTS: All right, title and interest in the Software Programs, including source code, documentation, appearance, structure and organization, are held by ELX and others and are protected by copyright and other laws. 3. WARRANTY: IF THIS PRODUCT WAS DISTRIBUTED BY ELX ON CD-ROM OR OTHERTANGIBLE STORAGE MEDIA, WE WARRANT THAT THESTORAGE MEDIA IN THIS PRODUCT WILLBE FREE FROM DEFECT IN MATERIALS ANDWORKMANSHIP UNDER NORMAL USE FOR A PERIODOF NINETY (90) DAYS FROM THE DATE THATIT IS ACQUIRED. IF SUCH A DEFECT OCCURS,RETURN THE MEDIA TO US AT ANY OF ELX'SOFFICES OR TO ITS AUTHORIZED CHANNELPARTNERS. AND WE WILL REPLACE IT FREE OFCHARGE. THIS REMEDY IS THE EXCLUSIVEREMEDY FOR BREACH OF THIS WARRANTY. ITPROVIDES CERTAIN RIGHTS AND THE USER MAYHAVE OTHER LEGISLATED RIGHTS WHICH MAYVARY FROM JURISDICTION TO JURISDICTION. 4.LIMITATION OF WARRANTIES AND LIABILITY: EXCEPT WHERE SPECIFICALLY STATEDOTHERWISE IN THIS AGREEMENT AND THEAPPLICABLE LICENSE AGREEMENTS WHICHACCOMPANY EACH SOFTWARE PROGRAM, ELXBizDesk, INCLUDING WITHOUT LIMITATIONEACH SOFTWARE PROGRAM, IS PROVIDED TOTHE USER ON AN "AS IS" BASIS, WITHOUT ANYOTHER WARRANTIES OR CONDITIONS, EXPRESSOR IMPLIED, INCLUDING, BUT NOT LIMITEDTO, WARRANTIES OF MERCHANTABLE QUALITY,SATISFACTORY QUALITY, MERCHANTABILITY ORFITNESS FOR A PARTICULAR PURPOSE, ORTHOSE ARISING BY LAW, STATUTE, USAGE OFTRADE, COURSE OF DEALING OR OTHERWISE.THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF ELX BIZDESKTOP IS ASSUMEDBY THE USER. NEITHER ELX NOR THEIR APPOINTED DEALERS, SUPPLIERS OR LICENSEESSHALL HAVE ANY LIABILITY TO THE USER OR ANY OTHER PERSON OR ENTITY FOR ANYINDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING,BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHERCOMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OFSUCH DAMAGES, OR THEY ARE FORESEEABLE. ELX IS ALSO NOT RESPONSIBLE FOR CLAIMS BYA THIRD PARTY. OUR MAXIMUM AGGREGATE LIABILITY TO THE USER AND THAT OF OURDEALERS AND SUPPLIERS SHALL NOT EXCEED THE AMOUNT PAID BY THE USER FOR ELXBIZDESKTOP. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO THE USER. 5. GENERAL RESTRICTIONS: The user may permanently transfer all of the rights under this EULA, provided that the user retains no copies or registration numbers, that the user transfers all of the Software Product, and that the recipient agrees to the terms of this EULA. The user may not distribute copies of the Software Product to third parties. The user may not rent or lease the software Product. The user must maintain all copyright notices on all copies of the Software Product. The user may not reverse-engineer, decipher, decompile, or disassemble the Software Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. 6. DISTRIBUTION: If permitted to redistribute Software Programs, it is the user's responsibility to comply with all export laws, rules and regulations in the jurisdictions where the Software Programs are exported or re-exported from time to time. 7. TERMINATION: Without prejudice to any other rights, ELX may terminate this EULA if the user fails to comply with the terms and conditions of this EULA. In such event, the user must destroy all copies of the software product, and warrant in writing to ELX that this has been done. 8. COPYRIGHT: All title and copyrights in and to the Software Product and any copies thereof are owned by ELX or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the Software Product is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants the user no rights to use such content. 9. GENERAL: This Agreement, together with the GPL and other license agreements which are referred to in section 1, is the entire agreement regarding use of ELX BizDesk, superseding any other agreement or discussions,oral or written, and may not be changed except by a signed agreement. this agreement shall be governed by and construed in accordance with the laws of state Of AP, India excluding that body of law applicable to choice of law and excluding the United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing such Convention, if otherwise applicable. If any provision of this Agreement is declared by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the Agreement and the other provisions shall remain in full force and effect. Should there be any questions concerning this EULA, or desire to contact ELX for any reason, please email 'info@elxlinux.com'. IF THE ABOVE TERMS ARE NOT ACCEPTABLE, DO NOT OPEN THE SOFTWARE PACKAGING OR BREAK THE SEAL. IF THE PACKAGING AND SEALS ARE INTACT ANDCOMPLETE THE SOFTWARE CAN BE RETURNED FOR A FULL REFUND. Copyright (c) 2004 Everyone's Linux (ELX) Pvt.Ltd. "ELX" is a trademark of Everyone's Linux Pvt.Ltd. All Rights Reserved. "Linux" is a registered trademark of Linus Torvalds. All other trademarks are the property of their respective owners.