ActionPacked! Networks End User License Agreement

READ THIS LICENSE, IT CONTAINS IMPORTANT INFORMATION REGARDING TERMS AND CONDITIONS, INCLUDING RIGHTS AND RESTRICTIONS GOVERNING YOUR USE OF THE ACTIONPACKED! SOFTWARE AND ACCOMPANYING DOCUMENTATION. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS, DO NOT USE THE SOFTWARE OR DOCUMENTATION. RETURN IT IN ITS ORIGINAL PACKAGING TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND OF THE LICENSE FEE PAID.

ACCEPTANCE - By opening any shrink-wrap seal, clicking the "I Accept" button in the install routine, or by otherwise using the software or documentation, you acknowledge your acceptance of all of the terms and conditions of this end user license.

This license (hereinafter "License") is granted by ActionPacked! Networks, Inc. (hereinafter "ActionPacked"), to the end user (hereinafter "You"), subject to the following terms and conditions. Any failure by You to abide by all of the terms and conditions of this License will result in immediate termination of the rights granted to You.

PROTECTION and TITLE - The software, whether ROM resident, on a portable media such as a CD , or delivered by Internet transfer, and any accompanying documentation, whether in physical form or in electronic form (hereinafter "Program"), is the property of ActionPacked under U.S. and international copyright law. The Program may also be protected by patent, trademark or other intellectual property laws and regulations.

The Program is the property of ActionPacked and title to the Program remains at all times with ActionPacked. The License fee paid by You is not a purchase to any title in the Program and only entitles You to use the Program, subject to the terms and conditions of the License. You agree that You do not obtain any rights of ownership in the Program, nor to any patents, trademarks or other intellectual property through this License.

GRANT - Upon payment of the license fee and subject to the continued adherence to the terms and condition of this License by You, ActionPacked, and ActionPacked's licensors, if any, grant You a nontransferable, nonexclusive, nonsublicensable license to copy to, and use the Program on, a single user hardware platform. A single user hardware platform may be a desktop computer, notebook computer, palmtop computer, PDA or other single user device as determined by the configuration of the Program You paid a license fee for. If You obtained the Program VIA an Internet download You may make one (1) additional copy of the software and documentation as a back-up that You may retain, unless this License is terminated.

This License and the grant to You to use the Program terminates immediately if You violate any of the RESTRICTIONS ON USE, as set forth below, or any other term or condition of this License. In the event of such termination, You must immediately cease using the Program, remove it from the hardware platform on which You installed it and (a) destroy any copies of the software and documentation that you possess or (b) return the software and documentation to ActionPacked at the address given below.

ActionPacked, and ActionPacked's licensors, if any, reserve all rights not specifically granted in this License. No additional rights or licenses are granted to You, whether by implication, estoppel or otherwise.

RESTRICTIONS ON USE - The restrictions on use set forth below are to protect the valuable intellectual property rights of ActionPacked. A violation of any of these restrictions by You may result in financial harm to ActionPacked for which ActionPacked may seek legal recourse.

You shall not remove or cover any marking or notices, including copyright, patent or proprietary notices from, or embedded in, the software or the media, if any, on which the software was delivered, or from any documentation, whether in physical or electronic form.

You shall not sell, lease, rent, sublicense, redistribute or otherwise transfer or convey the Program to anyone.

You shall not copy (except as set forth above in the GRANT), alter, modify, adapt, translate, reverse engineer, disassemble, decompile, or attempt any other means to derive the source code of the software, nor shall You secure the services of any third party to do any of the preceding prohibited actions. In the event You reside in country that grants legal rights to reverse engineering for the purpose of establishing interoperability, You will contact ActionPacked and permit ActionPacked a reasonable period of time to make the Program interoperable.

DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITIES - ActionPacked, and its licensors, if any, disclaim all warranties, whether express, implied, statutory or otherwise, including but not limited to the implied warranty of merchantability, fitness for a particular purpose or noninfringement. Neither ActionPacked, nor its licensors, if any, warrant that the Program will be free from errors, will meet the particular needs of a user, will be free from bugs, that a user's use will be uninterrupted, or that any errors or bugs will be corrected. To the maximum extent permitted by law, the Program is provided "AS IS." Some jurisdictions do not allow, or may limit, the disclaimer of certain warranties so You may have warranty rights in those jurisdictions that have been disclaimed herein.

In no event will ActionPacked, or its licensors, if any, nor any owner, officer, employee, dealer, distributor or agent be liable for any special, incidental consequential, punitive or indirect damages whatsoever (including, and without limitation, damages for loss of profits, loss of revenue, loss of information, loss of or use of data, or business interruption) arising out of the use or inability to use the Program, or the performance or failure of the Program, regardless of the form of action taken, even if ActionPacked has been notified of the possibility of such action.

Some jurisdictions do not allow the exclusion of limitation of liability so You may have rights in those jurisdictions that have been limited or disclaimed herein.

Notwithstanding, anything set forth in this License or otherwise, the maximum cumulative liability, and the maximum cumulative remedy You may recover from ActionPacked, or its licensors, if any, any owner, officer, employee, dealer, distributor or agent, is limited to the license fee amount You paid. You acknowledge and agree that the license fee amount You paid reflects this allocation of risk.

SUPPORT and UPDATES - ActionPacked may, at its sole discretion, determine the means of supporting the Program. For details see the documentation. ActionPacked may, from time-to-time, offer updates or upgrades to the Program. Such updates or upgrades may be provided through Internet download or other means. Failure to install updates or upgrades may limit ActionPacked's ability to provide You support. By installing or by failing to install updates or upgrades You may experience changes in the functionality, performance or operation of the Program.

GENERAL - This License constitutes the entire agreement and understanding between You and ActionPacked. No change to this License shall be binding upon ActionPacked unless specifically agreed to in a written amendment to this License signed by an authorized representative of ActionPacked. If You purchase the Program using a purchase order, no terms and conditions of such purchase order shall be binding upon ActionPacked.

You may not assign or transfer this License or any rights granted or obligations set forth herein to any third party. Any attempt to assign or transfer this License shall be null and void.

This License shall be governed by, and interpreted in accordance with, the laws of the State of Hawaii, notwithstanding any conflicts of law provisions, and specifically excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods. If any provision of this License is found to be illegal or unenforceable, such provision shall be enforced to the maximum degree permitted, and to the degree not permitted, it shall be severed, and the remaining provisions of this License shall be enforced.

Any taxes, whether personal or sales, any tariffs or duties, arising from the payment of the licensee fee or the delivery of the Program shall be paid by You.

COMPLIANCE WITH EXPORT and OTHER LAWS - The Program and any technical data related to the Program may not be exported, re-exported or used in any manner in violation to the laws, statutes, executive orders or regulations of the United States of America or of any country to which the Program has been legally exported or re-exported.

U.S. GOVERNMENT RESTRICTED RIGHTS - The Program, including the software and documentation and any technical data related to the Program, is a "Commercial Item" as that term is defined at 48 C.F.R. 2.101. If the end user is the U.S. Government or an agency or department thereof, the Program is only delivered as a Commercial Item subject to the license grant and the other terms and conditions set forth in this License. Acquisition of the Program by the U.S. Government or an agency or department thereof shall only be under FAR or DFAR provisions for ACQUISITION OF COMMERCIAL ITEMS and any such acquisition shall not alter the grant or the terms and conditions of the License.

Manufacturer is ActionPacked! Networks.

550 Paiea Street, Suite 222, Honolulu, HI 96819