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CyberSoft.com | Makers of Linux and UNIX anti-virus Computer Security Products

Combined EULA and Maintenance and Support Agreement

IMPORTANT - - READ CAREFULLY:

This End User License Agreement (“License Agreement”) is a legally enforceable agreement between you (either an individual or a single entity) (“you” or “LICENSEE”) and CyberSoft Operating Corporation (“CyberSoft”), regarding the use of the Licensed Software (as defined below) included or supplied with or on, or incorporated into, this media and/or downloaded by or otherwise provided to you in electronic form or otherwise. By installing or otherwise using the Licensed Software, you agree to be bound by the terms of this License Agreement. If you do not agree to the terms of this License Agreement, do not install or use the Licensed Software; however, you may return it to CyberSoft or the third party distributor, dealer or supplier (“Distributor”) from whom you purchased the Licensed Software for a full refund.

1. DEFINITIONS:

1.2. “Invoice” means the purchase order, invoice or other documentation pursuant to which you licensed the Licensed Software.

1.3. “Licensed Software” means (i) CyberSoft’s proprietary software, which may include but is not limited to VFind Security Tool Kit Standard Edition (VSTK), VFind Security Tool Kit Turbo (VSTK-T), VFind Security Tool Kit Lite (VSTK-L), VSTK for Windows (VSTK-W), Avatar (Avatar), VFind Security Tool Kit Standard Special (VSTK-SS), VFind Security Tool Kit Turbo Special (VSTK-TS), VFind Security Tool Kit Lite Special (VSTK-LS), VSTK for Windows Special (VSTK-WS), Avatar Special (Avatar-S), VFind VStick SysAdmin (VSTICK-S), VFind VStick Financial (VSTICK-F) and/or other CyberSoft-branded products, as applicable, (ii) the Embedded Programs, (iii) the Updates, and (iv) all documentation, instructions, manuals, diagrams and other materials, in whatever medium or format, pertaining to the foregoing.

1.4. “System” means a single computer system with one or more cpu processors sharing a common motherboard or backplane (but in no event shall a network constitute a motherboard or backplane hereunder).

1.5. “Updates” means any virus definition updates, hash codes and/or product updates/upgrades included in the Support Services as solely determined by CyberSoft.

1.6. “Users” means all persons or entities gaining access to the Licensed Software by or through you and/or any of your Systems.

1.7. ”Maintenance” means Upgrades that are included in the Support Services as solely determined by CyberSoft.

1.8. “Support” means a reasonable amount of contact by email, postal mail, courier delivery, in-person, fax, telephone or other communications medium. Reasonable shall be determined solely by CyberSoft. CyberSoft reserves the right to discontinue support to any individual, without cause or notice. In addition, CyberSoft solely reserves the right to limit the number of individuals who may contact CyberSoft for Support.

1.9. “Modified Support” means a reasonable, limited and restricted amount of contact by email, postal mail, courier delivery, in-person, fax, telephone or other communications medium. Reasonable shall be determined solely by CyberSoft. Limited is defined as 30 calendar days from the date of the CyberSoft Invoice. After the 30 calendar day period Modified-Support is only available by means of email and only for the term of the contact as determined by the CyberSoft Invoice. Verbal communications is not available after the initial 30-day period. Restricted is defined as topic restrictions as determined solely by CyberSoft on a case-by-case basis. Determination of Restricted on one case does not influence the determination of Restricted on any other case and can be modified without notice by CyberSoft. CyberSoft reserves the right to discontinue support to any individual, without cause or notice. In addition, CyberSoft solely reserves the right to limit the number of individuals who may contact CyberSoft for Modified-Support.

2. LICENSE GRANTED:

2.1. Subject to the conditions herein, CyberSoft hereby grants to you, as LICENSEE, a non-transferable, non-exclusive, limited license to use the Licensed Software in machine-readable form on one System (the “License”) located at the site, if any, designated in the Invoice (the “Designated Site”). The License granted herein is subject to all further restrictions as set forth in the Invoice. You shall cause all Users to comply with the terms of this License Agreement and shall be liable for all acts and omissions of such Users. No license, right or interest in any trademark, trade name or service mark of CyberSoft is granted under this License.

2.2. You may use the Licensed Software solely for your own internal use. Any other use of the Licensed Software (including without limitation timesharing, rental, facility management or service bureau usage) is strictly prohibited.

2.3. Except as otherwise set forth in the Invoice or as agreed by Cybersoft in writing, you may not sell, lease, assign, sublicense or otherwise transfer, in whole or in part, this License Agreement, the License, the Licensed Software and other CyberSoft-provided materials, or any licenses or rights granted hereunder; provided, however, that (a) if the Licensed Software is licensed for the express purpose of integration into a larger system, Licensee is permitted to sublicense the Licensed Software solely as part of such system (and not as a stand-alone product) subject to all other terms and conditions hereof, (b) if Licensee is a dealer or reseller of software and is licensing the Licensed Software for the express purpose of resale, Licensee may sublicense the Licensed Software to its customers subject to all other terms and conditions hereof (including, without limitation, that such customers may not sublicense the Licensed Software), and (c) transfer to the United States Government as a designated end user when part of a turnkey system is expressly permitted, subject to Section 12 hereof on U.S. Government Restricted Rights.

2.4. The License granted hereunder is for the object code version of the Licensed Software only. You shall not, and shall not permit anyone under your direction or control to, reverse engineer, disassemble or de-compile the Licensed Software or attempt to do so. LICENSEE may not modify, adapt, translate or create derivative works of the Licensed Software without CyberSoft’s express written consent; provided, however, that if the Licensed Software is licensed for the express purpose of integration into a larger system, Licensee is permitted to do so. The Licensed Software is licensed as a single product. Embedded Programs may be used only for purposes of (i) running the Licensed Software, and (ii) extracting data from the Licensed Software for use with other programs. Embedded Programs may not be used for purposes of application development, modification or customization, or running programs other than the Licensed Software.

2.5. LICENSEE may make a reasonable number of copies of the Licensed Software for backup and archival purposes only, and must include on all copies of the Licensed Software all copyright, government restricted rights and other proprietary notices or legends included on or in the Licensed Software as provided to LICENSEE.

2.6. Notwithstanding anything to the contrary herein, LICENSEE’s access to and use of the Embedded Programs shall be and remain subject to all third party and/or open source licenses applicable to such Embedded Programs, and LICENSEE shall comply with same.

2.7. LICENSEE shall be solely responsible for ensuring that performance of its obligations and exercise of its rights (including without limitation its use of the Licensed Software) under this License Agreement comply with all applicable federal, state, local and international laws, rules, regulations and orders (collectively, “Laws”), including without limitation all present and future laws and regulations relating to protection of intellectual property and privacy.

3. DELIVERY, INSTALLATION, ACCEPTANCE AND RISK OF LOSS:

If CyberSoft delivers the Licensed Software on CD-ROM or other tangible media, (i) CyberSoft shall deliver the Licensed Software to a common carrier, (ii) LICENSEE assumes all risk of loss or damage upon delivery of the Licensed Software by CyberSoft to the common carrier, and (iii) acceptance shall occur upon delivery of the Licensed Software by CyberSoft to the common carrier. In all other cases, acceptance shall occur immediately upon installation of the Licensed Software by LICENSEE. LICENSEE shall be solely responsible for installation of the Licensed Software.

4. SUPPORT SERVICES:

4.1. Limited to the products identified with the part numbers VSTK, VSTK-T, VSTK-L, VSTK-W, and AVATAR, for a period of twelve (12) months following the Invoice date, CyberSoft will provide to you, free of charge, Maintenance and Support services related to the Licensed Software as further described at www.cybersoft.com/purchase/prices (“Support Services”). Licensees desiring extended Support Services may purchase same at the www.cybersoft.com. All terms and conditions of this License Agreement will apply.

4.2. Limited to the products identified with the part numbers VSTK-SS, VSTK-LS, VSTK-WS, VSTK-TS, AVATAR-S, VSTICK-S and VSTICK-F, for a period of time specified in the CyberSoft Invoice, CyberSoft will provide to you, free of charge, Maintenance and Modified-Support services related to the Licensed Software as further described at www.cybersoft.com/purchase/prices (“Support Services”). In no extent will free services exceed twelve (12) months following the Invoice date. Licensees desiring extended Support Services may purchase same at the www.cybersoft.com. All terms and conditions of this License Agreement will apply.

4.3. LICENSEE shall be solely responsible for providing all necessary hardware and software to run the Licensed Software and to obtain the Support Services. All telephone and connection arrangements and charges from LICENSEE’s facility to CyberSoft shall be LICENSEE’s responsibility.

4.4. Except as otherwise provided in Section 8.1 hereof with respect to the Updates, all Support Services are provided on an “as is”, “where is” basis, and CyberSoft makes no warranties with respect to such Support Services.

4.5. CyberSoft may, in its sole discretion, require LICENSEE to purchase and/or install certain Updates within a specified time period after their release, and may modify, suspend or terminate the Support Services, in whole or in part, upon LICENSEE’s failure to timely do so, without liability or obligation to LICENSEE. Nothing herein shall be construed as requiring CyberSoft to support more than the most recent release of the Licensed Software.

4.6. Any technical information you provide to CyberSoft as part of the Support Services may be used by CyberSoft for product support and development; provided, however, that CyberSoft will not use such technical information in a form that personally identifies you. By providing utility or other programs created by or for you to operate in conjunction with the Licensed Software, you grant CyberSoft a perpetual, non-exclusive, irrevocable, worldwide, transferable, royal-free, fully paid-up license (with right to sublicense) to use, reproduce, distribute, display, perform, create derivative works of, and modify the source code and executable code versions of such programs.

5. TERM AND TERMINATION:

5.1. Limited to the products identified with the part numbers VSTK, VSTK-T, VSTK-L, VSTK-W, and AVATAR, the effective date of this License shall be the date of the CyberSoft Invoice date or the date of the initial use, whichever is earlier, of the Licensed Software and its term is perpetual, subject to the termination provisions of this Section 5.

5.2. Limited to the products identified with the part numbers VSTK-SS, VSTK-LS, VSTK-WS, VSTK-TS, AVATAR-S, VSTICK-S and VSTICK-F, the effective date of this License shall be the CyberSoft Invoice date or the date of the initial use, whichever is earlier, of the Licensed Software and its term is as specified on the CyberSoft Invoice, subject to the termination provisions of this Section 5. If no term is specified in the CyberSoft Invoice then the term shall be twelve (12) months from the CyberSoft Invoice date.

5.3. This License will terminate automatically upon your failure to comply with any term of this License Agreement. Upon termination of this License, you shall discontinue all use of the Licensed Software. In such event, the License and rights granted hereunder shall expire and you shall have no further rights or access to the Licensed Software.

5.4. CyberSoft may terminate provision of the Support Services at any time, without notice to you, if it ceases to provide such services to its licensees generally.

6. PAYMENTS:

6.1. In consideration of the License and other rights granted by CyberSoft hereunder, you agree to pay the license fee specified in the Invoice and/or otherwise imposed by CyberSoft or any Distributor in connection herewith (“License Fees”). Unless otherwise provided in the Invoice, LICENSEE shall pay all License Fees within thirty (30) days after the date of CyberSoft’s or Distributor’s invoice therefor.

6.2. All payments shall be made in U.S. currency. Any sum not paid by LICENSEE when due shall bear interest until paid at a rate of 1.5% per month (18% per annum), or the maximum rate permitted by law, whichever is less. LICENSEE shall be responsible for the costs, including without limitation, reasonable attorneys’ fees and court costs, incurred by CyberSoft in connection with CyberSoft’s collection of any past-due amounts under this License Agreement. If LICENSEE is the United States Government, FAR 52.232-25 PROMPT PAYMENT (OCT. 2003) applies and is incorporated herein by reference, in lieu of the forgoing payment provisions of this Section 6.2.

6.3. All payments required under Section 6.1 and/or Section 6.2 or otherwise under this License are exclusive of taxes and you agree to bear and be responsible for the payment of all such taxes (except for taxes based upon CyberSoft’s income) including, but not limited to, all sales, use, rental receipt, personal property, import and value-added or other taxes which may be levied or assessed in connection with this License.

7. PROPRIETARY RIGHTS; CONFIDENTIALITY:

7.1. CyberSoft is a licensee of CyberSoft, Inc., the owner of the Licensed Software. As between LICENSEE and CyberSoft, CyberSoft and its licensors (including but not limited to CyberSoft, Inc.) shall be the sole owners of all patent, copyright, trademark, trade secret and other proprietary rights in and to the Licensed Software, and all modifications thereto and derivative works thereof. The Licensed Software is protected under the copyright laws of the United States and equivalent or similar international laws and treaties, including without limitation, the Berne Convention. CyberSoft and its licensors (including but not limited to CyberSoft, Inc.) may utilize all ideas, suggestions, feedback, improvements, data, reports or the like that LICENSEE provides to CyberSoft with respect to the Licensed Software without any obligation to LICENSEE.

7.2. Although copyrighted, the Licensed Software (and Embedded Programs) is unpublished and contains proprietary and confidential information of CyberSoft and its licensors (including but not limited to CyberSoft, Inc.). LICENSEE agrees to maintain the Licensed Software (including Embedded Programs) in confidence and to use a reasonable degree of care to protect the confidentiality of the Licensed Software (and the Embedded Programs).

8. LIMITED WARRANTY:

8.1. CyberSoft warrants the media on which the Licensed Software is provided, if any, to be free from defects in materials and workmanship for ninety (90) days after delivery. Defective media may be returned for replacement without charge during the ninety (90) day warranty period unless the media have been damaged by accident or misuse. In addition, CyberSoft warrants, for ninety (90) days after acceptance, that the unaltered Licensed Software substantially conforms to the documentation that accompanies it (CyberSoft expressly reserves the right to provide the documentation on the same media as the Licensed Software). Any implied warranties not effectively disclaimed pursuant to Section 8.3 hereof are limited to the duration of the express warranties stated in this Section 8.1 NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE WARRANTIES SET FORTH IN THIS SECTION 8.1 DO NOT APPLY WITH RESPECT TO FREE, DEMONSTRATION OR ILLEGALLY OBTAINED COPIES OF THE LICENSED SOFTWARE.

8.2. CyberSoft’s entire liability and your exclusive remedy for breach of the foregoing warranties shall be, at the option of CyberSoft, repair or replacement of the Licensed Software (or the part thereof that does not meet the warranty), when returned to CyberSoft or, if repair or replacement is not reasonably practicable (as determined by CyberSoft in its sole discretion) return of the price paid for such nonconforming portion of the Licensed Software. Your Invoice must accompany any warranty claim. This limited warranty is void if failure of the Licensed Software has resulted from accident, misuse, misapplication or breach of this License Agreement. Any replacement software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside of the United States, neither these remedies nor any Support Services offered by CyberSoft are available without proof of purchase from an authorized international source.

8.3. THE EXPRESS LIMITED WARRANTIES SET FORTH IN SECTION 8.1 ARE IN LIEU OF AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CYBERSOFT, ITS DISTRIBUTORS AND LICENSORS (including but not limited to CyberSoft, Inc.) SPECIFICALLY DISCLAIM, ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE LICENSED SOFTWARE AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. Without limiting the generality of the foregoing, none of CyberSoft, its Distributors or licensors (including but not limited to CyberSoft, Inc.) warrant that: (i) operation of any of the Licensed Software shall be uninterrupted or error free, (ii) that functions contained in the Licensed Software shall operate in combinations which may be selected for use by LICENSEE or meet LICENSEE’s requirements, or (iii) that the Licensed Software will detect all hacker attacks, viruses, Trojan horses, worms or other software routines or hardware components designed to permit unauthorized access to or to disable, erase or otherwise harm any software, hardware or data, if applicable.

8.4. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CYBERSOFT OR ITS DISTRIBUTORS OR LICENSORS (including but not limited to CyberSoft, Inc.) BE LIABLE TO LICENSEE, USERS OR ANY THIRD PARTY FOR SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF INCOME, PROFITS, USE OF INFORMATION OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE LICENSED SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF CYBERSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CYBERSOFT’S AND ITS DISTRIBUTORS’ AND LICENSORS’ (including but not limited to CyberSoft, Inc.’s) ENTIRE LIABILITY WITH RESPECT TO THE LICENSED SOFTWARE, THE SUPPORT SERVICES AND THIS LICENSE AGREEMENT SHALL BE LIMITED, IN THE AGGREGATE, TO THE LICENSE FEES ACTUALLY PAID BY LICENSEE FOR THE LICENSED SOFTWARE.

9. COPYRIGHT AND TRADEMARK INDEMNIFICATION:

9.1. CyberSoft will defend, at its expense, any action brought against LICENSEE to the extent that it is based on a claim that the use of the Licensed Software within the scope of the License infringes any United States copyright or trademark. CyberSoft will indemnify LICENSEE from any costs, damages and fees incurred by LICENSEE which are attributable to such claim, provided that LICENSEE notifies CyberSoft promptly in writing of the claim. LICENSEE shall permit CyberSoft to defend, compromise or settle the claim and provide all available information, assistance and authority to enable CyberSoft to do so, provided CyberSoft reimburses LICENSEE for such activity. LICENSEE shall have no authority to settle any claim on behalf of CyberSoft.

9.2. Should the Licensed Software become or in CyberSoft’s opinion, be likely to become the subject of a claim of infringement of a U.S. copyright or trademark, CyberSoft may (i) procure for LICENSEE, at no cost to LICENSEE, the right to continue to use the Licensed Software, (ii) replace or modify the Licensed Software, at no cost to LICENSEE, to make same non-infringing, or (iii) if the right to continue to use cannot be procured or the Licensed Software cannot be replaced or modified, terminate the License to use such Licensed Software, remove the Licensed Software, and where a specified License Fee was paid by LICENSEE, grant LICENSEE credit thereon as depreciated on a straight-line three (3) year basis.

9.3. CyberSoft shall have no liability for any claim of copyright or trademark infringement based on the (i) use of other than the then latest release of the Licensed Software from CyberSoft, if such infringement could have been avoided by the use of the latest release of the Licensed Software and such latest version had been made available to LICENSEE, (ii) use or combination of the Licensed Software with software, hardware or other materials not provided by CyberSoft, or (iii) modifications to the Licensed Software made by persons other than CyberSoft.

9.4. THIS SECTION 9 STATES THE ENTIRE LIABILITY OF CYBERSOFT AND ITS DISTRIBUTORS AND LICENSORS (including but not limited to CyberSoft, Inc.) WITH RESPECT TO INFRINGEMENT BY THE LICENSED SOFTWARE OR ANY PART THEREOF AND NONE OF CYBERSOFT, ITS DISTRIBUTORS OR LICENSORS (including but not limited to CyberSoft, Inc.) SHALL HAVE ANY ADDITIONAL LIABILITY WITH RESPECT TO ANY ALLEGED OR PROVEN INFRINGEMENT.

10. INDEMNIFICATION BY LICENSEE:

LICENSEE shall defend, indemnify and hold CyberSoft, its Distributors and licensors (including but not limited to CyberSoft, Inc.) and their respective officers, directors, shareholders, employees, agents and representatives harmless from and against any losses, liabilities, damages, demands, penalties and expenses (including, without limitation, court costs and attorneys’ fees) arising out of or in connection with (i) LICENSEE’s or Users’ use of the Licensed Software, or (ii) any breach by LICENSEE, its Users, employees, agents or contractors of any representation, warranty or covenant of LICENSEE hereunder. Provided, however, if LICENSEE is the United States Government, the provisions of this Section 10 shall not apply.

11. EXPORT:

LICENSEE shall comply with all export or re-export restrictions and regulations imposed by the government of the United States. Without limiting the generality of the foregoing and regardless of any disclosure made by LICENSEE to CyberSoft, its Distributors or licensors (including but not limited to CyberSoft, Inc.) of an ultimate destination of the Licensed Software, LICENSEE shall not re-export or transfer, whether directly or indirectly, the Licensed Software or any system containing such Licensed Software, to anyone outside the United States of America without first obtaining a license from the U.S. Department of Commerce or any other agency or department of the United States Government, as required. The VFind™ Security ToolKit has been approved for export under General License GTDU, ECCN 5D002C. A special license is required for export to certain countries.

12. U.S. GOVERNMENT RIGHTS:

All CyberSoft products and documentation are commercial in nature. The Licensed Software is “Commercial Computer Software,” as that term is defined in FAR 2.101. Where Licensee is an agency of the United States Government other than the Department of Defense, the clause at FAR 52.227-19 COMMERCIAL COMPUTER SOFTWARE (DEC. 2007) applies and is incorporated herein by reference. Except as expressly provided in FAR 52.227-19, as applicable, the Licensed Software is licensed to United States Government end users with only those rights as granted to all other end users, according to the terms and conditions contained in this License Agreement. Manufacturer is CyberSoft Operating Corporation, 1958 Butler Pike, Suite 100, Conshohocken, Pennsylvania 19428, U.S.A.

13. FORCE MAJEURE:

CyberSoft shall not be liable to LICENSEE for any failure or delay caused by events beyond CyberSoft’s reasonable control, including, without limitation, acts or omissions of LICENSEE or its Users, acts of God, acts of government, acts of war or terrorism, sabotage, outages suffered by electric utilities, breakdown or damage to machinery, equipment or software, malfunctioning of software, corruption of data, unavailability of or interruption or delay in the Internet, telecommunications or third party services, failure of third party software, labor disputes, accidents, shortages of labor, fuel, raw materials or equipment, or technical failures (including, without limitation, defects in any Embedded Software).

14. GOVERNING LAW:

This License Agreement is made under and shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, United States of America. Any dispute arising out of or in connection with this License Agreement shall be adjudicated exclusively in the state or federal courts located in Montgomery County, Pennsylvania, and all parties irrevocably consent to personal jurisdiction and venue therein. Provided, however, if LICENSEE is the United States Government, in lieu of the foregoing, this License Agreement shall be governed by the laws of the United States of America and the cases decided thereunder; and any dispute arising out of or in connection with this License Agreement shall be adjudicated in the Court of Federal Claims or the appropriate Board of Contract Appeals.

15. AMENDMENT:

The terms of this License Agreement may not be amended except in a writing signed by you and an authorized representative of CyberSoft. For purposes of this Section 15, Frank A. Amabile, COO/President or Peter V. Radatti, CEO/Chairman or a person expressly designated by either of them in writing shall be an authorized representative of CyberSoft.

16. ENTIRE AGREEMENT:

This License Agreement and the Invoice, if any, constitute the entire agreement between you and CyberSoft with respect to the subject matter hereof and supersede all prior agreements, oral or written, with respect to the matters contained herein or relating thereto. In the event of a conflict between the Invoice and this License Agreement, the terms of this License Agreement shall govern.

17. NO WAIVER:

No failure or delay of CyberSoft to exercise any right, power or remedy, or partial exercise of any right, power or remedy, will preclude any future exercise of any such right, power or remedy. No express waiver or assent by CyberSoft to any default in any term or condition of this License Agreement shall constitute a waiver or assent to any succeeding default in the same or any other term or condition hereof.

18. BINDING EFFECT:

This License Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their successors and permitted assigns. Except as otherwise expressly provided herein, the provisions of this License Agreement will not be construed as conferring any rights on any other persons.

19. SEVERABILITY:

If any provision of this License Agreement will be held illegal, unenforceable, or in conflict with any law of a federal, state, local or international government having jurisdiction over this License Agreement, the validity of the remaining portions or provisions hereof will not be affected thereby. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT EACH PROVISION OF THIS LICENSE AGREEMENT WHICH PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, INDEMNIFICATION OR EXCLUSION OF DAMAGES OR OTHER REMEDY IS INTENDED TO BE ENFORCED AS SUCH. FURTHER, IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY UNDER THIS LICENSE AGREEMENT IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES OR OTHER REMEDIES SHALL REMAIN IN EFFECT.

20. NOTICES:

All notices from you to CyberSoft must be in writing and sent by registered or certified mail, return receipt requested, or international equivalent, or by facsimile or electronic mail (receipt confirmed).

END OF DOCUMENT

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