You may download this Software only for your own internal use. You must read the License Agreement and press the "I agree" button above to continue your purchase. By doing so, You agree to be bound by all of the terms of this License Agreement. IMPORTANT - READ CAREFULLY: THIS END USER LICENSE AGREEMENT ("AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU (IN YOUR CAPACITY AS AN INDIVIDUAL AND AS AN AGENT FOR YOUR COMPANY, INSTITUTION, OR OTHER ENTITY) AND INTELLIBORN CORPORATION ("INTELLIBORN"). ACCESSING, DOWNLOADING, INSTALLING, USING OR COPYING OF THE SOFTWARE (AS HEREAFTER DEFINED) BY YOU OR A THIRD PARTY ON YOUR BEHALF INDICATES YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCESS, DOWNLOAD, INSTALL, USE OR COPY THE SOFTWARE. IN THE ABSENCE OF THIS AGREEMENT, YOU HAVE NO RIGHTS IN THE SOFTWARE. 1. Grant and Scope of License. A. Subject to Section 2 below and without warranty of any nature, INTELLIBORN hereby grants to You, and You hereby accept, a non-exclusive license ("License") to download, install and use the Software in binary executable form on one or more computers for use Except as specifically permitted in writing, you shall not: (i) Copy, modify, sell or transfer any part of the Software; (ii) Sublicense or permit simultaneous use of the Software by more than one user unless licensed as such; (iii) Distribute, transfer or otherwise provide the Software to a third party; or (iv) Reverse engineer, decompile, or disassemble the Software. B. If You did not purchase a License to use the Software but were given or downloaded a copy of the Software for evaluation purposes only, then the rights granted in Section 1.A. above do not apply and Your use is limited to evaluating the Software for an evaluation period determined by INTELLIBORN. At the end of the evaluation period or earlier upon request of INTELLIBORN, You will cease use of the Software, remove the Software from Your computers and destroy all copies of the Software. The Software may automatically disable itself at the end of the evaluation period. You may install copies of the Software on an unlimited number of computers provided that You are the only individual using the Software and only one copy of the Software is in use at any one time. Notwithstanding anything to the contrary elsewhere in this Agreement, You may not distribute any portion of the Software. A separate license is required for each additional use and/or individual user in all other cases. 2. Rights Reserved; Ownership. A. This License does not grant you any right to enhancements or updates to, or support or maintenance for, the Software or any modifications made by INTELLIBORN. INTELLIBORN is free to license the Software on terms different from those contained herein. INTELLIBORN hereby expressly reserves all rights in the Software which are not expressly granted to You under the License. INTELLIBORN reserves the right at any time not to release or to discontinue release of any Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Software. B. Title to the Software, any modifications, and all copies thereof remain with INTELLIBORN. The Software is protected by United States copyright laws and international treaty provisions. The Software includes trade secrets and information that is confidential and proprietary to INTELLIBORN and You agree to take all necessary actions to protect the confidentiality of such information. You will not remove the copyright notice or any proprietary trade or service marks of INTELLIBORN from the Software. You agree to prevent any unauthorized copying of the Software. Except as expressly provided herein, INTELLIBORN does not grant any express or implied right to You under any patents, copyrights, trademarks or trade secret information. 3. Purchased Support. If you have purchased support, INTELLIBORN will make reasonably commercial attempts to fix functionality which ceases to work. Support does not include any feature requests or enhancements, although INTELLIBORN may make new features/enhancements available at INTELLIBORN's discretion. Support response time will be determined solely by INTELLIBORN. INTELLIBORN is not in control of external servers, such as Voange, and thus, can not guarantee future functionality of the application. The license to the application is sold As-Is. 4. Warranty Disclaimer. THE SOFTWARE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY TYPE OR NATURE, AND INTELLIBORN HEREBY EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, INTELLIBORN EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE ACCURACY, COMPLETENESS OR USEFULNESS OF THE SOFTWARE AND DOES NOT WARRANT THAT THE SOFTWARE WILL FUNCTION UNINTERRUPTED, THAT IT IS ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO ANY DEFECTS OR INACCURACIES THEREIN. 5. Limitation of Liability. IN NO EVENT SHALL INTELLIBORN BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF DATA, FOR ANY REASON WHATSOEVER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, EVEN IF INTELLIBORN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IN NO EVENT SHALL INTELLIBORN'S LIABILITY FOR DAMAGES ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE AGGREGATE AMOUNT PAID BY YOU IN RESPECT OF THE SOFTWARE DURING THE TWELVE MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO LIABILITY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE COMPLETE EXCLUSION OR LIMITATION OF LIABILITY OF CLAIMS AND DAMAGES AS SET FORTH IN THIS AGREEMENT, INTELLIBORN'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. 6. Indemnification. You shall defend, indemnify and hold harmless INTELLIBORN and its licensors and their respective directors, officers, agents, employees and volunteers from and against any and all claims, suits, losses, damages, costs, fees and expenses arising out of or in connection with this Agreement. You shall pay all costs incurred by INTELLIBORN in enforcing this provision, including reasonable attorneys' fees and court costs. You agree that under no circumstances will INTELLIBORN indemnify You or any other person. 7. Unauthorized Use; High Risk Activities. A. The Software is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance such as operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of the Software could lead directly to death, personal injury, or severe physical or property damage (collectively, "High Risk Activities"). B. INTELLIBORN expressly disclaims any express or implied warranty of fitness for High Risk Activities. In addition to Your obligations under Section 5 above, You hereby indemnify and hold INTELLIBORN and its officers, subsidiaries and affiliates harmless against all claims, costs, damages, and expenses, and reasonable attorney fees arising out of, directly or indirectly, any claim of product liability, personal injury or death associated with such unintended or unauthorized use, even if such claim alleges that INTELLIBORN was negligent regarding the design or manufacture of the part. 8. User Submissions. You agree that any material, information or other communication relating to the Software, including all data, images, sounds, text, and other things embodied therein, You transmit to INTELLIBORN, post to a INTELLIBORN website, or otherwise provide to INTELLIBORN will be considered non-confidential ("Communications"). INTELLIBORN will have no confidentiality obligations with respect to the Communications. You agree that INTELLIBORN and its designees will be free to copy, modify, create derivative works, publicly display, disclose, distribute, license and sublicense through multiple tiers of distribution and incorporate and otherwise use the Communications, including derivative works thereto, for any and all commercial or non-commercial purposes without compensation or other obligation and that INTELLIBORN is the sole and exclusive owner of any and all such modifications and derivative works. 9. Term of the Agreement. A. This Agreement will commence on the date which you receive the software or on the date which You pay the applicable license fee for the Software (the "Effective Date"), which ever comes first, and will continue in full force and effect, unless terminated earlier as provided herein. You may terminate this Agreement upon ten (10) days' written notice to INTELLIBORN, provided that such termination will not entitle You to a refund of the license fee or support fees. B. INTELLIBORN may terminate this Agreement immediately should You materially breach any of its provisions or take any action in derogation of INTELLIBORN's rights to the Software, including, but not limited to disclosing, modifying, decompiling, translating, disassembling or reverse engineering the Software. Your right to use the Software will automatically terminate if You fail to comply with the material terms of this EULA or fail to make payment for the Software. Either party may terminate this Agreement at any time for cause if the other party files a petition or seeks relief under the bankruptcy or insolvency laws of any state or the United States. C. Upon any termination of this Agreement, You agree to immediately remove all Software from Your computers, destroy all copies of the Software, and, upon request from INTELLIBORN, certify in writing Your compliance herewith. 10. General Provisions. If any of the terms, or portions thereof, of this EULA are invalid or unenforceable under any applicable statute or rule of law, the court will reform the contract to include an enforceable term as close to the intent of the original term as possible; all other terms will remain unchanged. The waiver or failure of either party to exercise in any respect any right provided for in this EULA will not be deemed a waiver of any further or future right under this EULA. This EULA will inure to the benefit of, and is freely assignable to, INTELLIBORN' successors and assignees of rights in the Software. This EULA is governed by and construed in accordance with the laws of State of Colorado, without regard to its conflict of law provisions, and the United States, including trademark, patent and copyright laws. The exclusive venue for all cases arising out of or related to this Agreement is the federal and state courts in the State of Colorado. 11. Export Control. You may not export, ship, transmit, or re-export the Software in violation of any applicable law or regulation, including, without limitations, the Export Administration Regulations issued by the United States Department of Commerce. 12. United States Government Rights. A. Department of Defense End Users: If the Software is acquired by or on behalf of agencies or units of the Department of Defense (DOD), then, pursuant to DoD FAR Supplement Section 227.7202 and its successors (48 C.F.R. 227.7202) the Government's right to use, reproduce or disclose the Software and any accompanying documentation acquired under this License Agreement is subject to the restrictions of this Agreement. B. Civilian Agency End Users: If the Software is acquired by or on behalf of civilian agencies of the U.S. Government, then, pursuant to FAR Section 12.212 and its successors (48 C.F.R. 12.212), the Government's right to use, reproduce or disclose the Software and any accompanying documentation acquired under this License Agreement is subject to the restrictions of this License Agreement. 13. Governing Law and Venue. Notwithstanding the Territory, this Agreement will be governed by both the substantive and procedural laws of Colorado, U.S.A., excluding its conflict of law rules. Any dispute regarding this Agreement will be heard in the state or federal courts having jurisdiction in El Paso County, Colorado, U.S.A. and You agree that You shall be subject to the personal jurisdiction of such courts. 14. Entire Agreement. This EULA and any INTELLIBORN purchase order constitutes the entire agreement between You and INTELLIBORN relating to the Software, and any additions to, or modifications of, this EULA will be binding upon the parties only if the same will be in writing and duly executed by You and by a duly authorized officer of INTELLIBORN. THE TERMS AND CONDITIONS OF YOUR ORDER FORM ARE ONLY BINDING ON INTELLIBORN IF SUCH TERMS AND CONDITIONS ARE AGREED TO IN WRITING IN ACCORDANCE WITH THE PRIOR SENTENCE AND IN A DOCUMENT OTHER THAN THE ORDER FORM. If You purchased the Software through a reseller, You acknowledge that the reseller is not INTELLIBORN' agent and is not authorized to alter, amend or modify the terms of this EULA or to otherwise grant any license or other rights relating in any way to the Software. IF YOU AGREE WITH EACH AND EVERY TERM SET FORTH ABOVE, CLICK "ACCEPT". IF YOU DO NOT AGREE WITH EACH AND EVERY TERM SET FORTH ABOVE, DO NOT CLICK "ACCEPT". THEREAFTER, DO NOT INSTALL OR USE OF THE SOFTWARE.