Third Party

PC Pitstop
Third Party Attributions

Third Party Legal Notices

This PC Pitstop, Inc. product may contain third party software for which PC Pitstop, Inc. is required to provide attribution (“Third Party Programs”). Some of the Third Party Programs are available under open source or free software licenses. The License Agreement accompanying the Licensed Software does not alter any rights or obligations you may have under those source or free software licenses. This document or appendix contains proprietary notices for the Third Party Programs and the licenses for the Third Party Programs, where applicable. The following copyright statements and licenses apply to various open source software components (or portions thereof) that are distributed with the Licensed Software.

The Licensed Software that includes this file does not necessarily use all the open source software components referred to below and may also only use portions of a given component.

Portions of this PC Pitstop, Inc. product contain the following components:

(Click a heading below to expand and read important information relating to PC Pitstop's Third Party Attributions.)

uBlock

GNU GENERAL PUBLIC LICENSE Version 3, 29 June 2007

Copyright (C) 2007 Free Software Foundation, Inc. {http://fsf.org/} Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.

The GNU General Public License is a free, copyleft license for software and other kinds of works.

The licenses for most software and other practical works are designed to take away your freedom to share and change the works. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change all versions of a program--to make sure it remains free software for all its users. We, the Free Software Foundation, use the GNU General Public License for most of our software; it applies also to any other work released this way by its authors. You can apply it to your programs, too.

When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for them if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs, and that you know you can do these things.

To protect your rights, we need to prevent others from denying you these rights or asking you to surrender the rights. Therefore, you have certain responsibilities if you distribute copies of the software, or if you modify it: responsibilities to respect the freedom of others.

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Developers that use the GNU GPL protect your rights with two steps: (1) assert copyright on the software, and (2) offer you this License giving you legal permission to copy, distribute and/or modify it.

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Notwithstanding any other provision of this License, you have permission to link or combine any covered work with a work licensed under version 3 of the GNU Affero General Public License into a single combined work, and to convey the resulting work. The terms of this License will continue to apply to the part which is the covered work, but the special requirements of the GNU Affero General Public License, section 13, concerning interaction through a network will apply to the combination as such.

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THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, reviewing courts shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with the Program, unless a warranty or assumption of liability accompanies a copy of the Program in return for a fee.


Amazon Web Services (AWSSDK.dll)

“Licensor” means any person or entity that distributes its Work.

“Software” means the original work of authorship made available under this License.

“Work” means the Software and any additions to or derivative works of the Software that are made available under this License.

The terms “reproduce,” “reproduction,” “derivative works,” and “distribution” have the meaning as provided under U.S. copyright law; provided, however, that for the purposes of this License, derivative works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work.

Works, including the Software, are “made available” under this License by including in or with the Work either (a) a copyright notice referencing the applicability of this License to the Work, or (b) a copy of this License.

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2.2 Patent Grant. Subject to the terms and conditions of this License, each Licensor grants to you a perpetual, worldwide, non-exclusive, royalty-free patent license to make, have made, use, sell, offer for sale, import, and otherwise transfer its Work, in whole or in part. The foregoing license applies only to the patent claims licensable by Licensor that would be infringed by Licensor’s Work (or portion thereof) individually and excluding any combinations with any other materials or technology.

3.1 Redistribution. You may reproduce or distribute the Work only if (a) you do so under this License, (b) you include a complete copy of this License with your distribution, and (c) you retain without modification any copyright, patent, trademark, or attribution notices that are present in the Work.

3.2 Derivative Works. You may specify that additional or different terms apply to the use, reproduction, and distribution of your derivative works of the Work (“Your Terms”) only if (a) Your Terms provide that the use limitation in Section 3.3 applies to your derivative works, and (b) you identify the specific derivative works that are subject to Your Terms. Notwithstanding Your Terms, this License (including the redistribution requirements in Section 3.1) will continue to apply to the Work itself.

3.3 Use Limitation. The Work and any derivative works thereof only may be used or intended for use with the web services, computing platforms or applications provided by Amazon.com, Inc. or its affiliates, including Amazon Web Services, Inc.

3.4 Patent Claims. If you bring or threaten to bring a patent claim against any Licensor (including any claim, cross-claim or counterclaim in a lawsuit) to enforce any patents that you allege are infringed by any Work, then your rights under this License from such Licensor (including the grants in Sections 2.1 and 2.2) will terminate immediately.

3.5 Trademarks. This License does not grant any rights to use any Licensor’s or its affiliates’ names, logos, or trademarks, except as necessary to reproduce the notices described in this License.

3.6 Termination. If you violate any term of this License, then your rights under this License (including the grants in Sections 2.1 and 2.2) will terminate immediately.

THE WORK IS PROVIDED “AS IS” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. YOU BEAR THE RISK OF UNDERTAKING ANY ACTIVITIES UNDER THIS LICENSE. SOME STATES’ CONSUMER LAWS DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

EXCEPT AS PROHIBITED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE SHALL ANY LICENSOR BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS LICENSE, THE USE OR INABILITY TO USE THE WORK (INCLUDING BUT NOT LIMITED TO LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOST PROFITS OR DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMM ERCIAL DAMAGES OR LOSSES), EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Effective Date – April 18, 2008 © 2008 Amazon.com, Inc. or its affiliates. All rights reserved.


Opswat Application Cleanup

1.1 “Affiliates” means any entity where a party owns at least fifty-one percent (51%) of the entity’s outstanding shares or securities (representing the right to vote for the election of directors or managing authority), directly or indirectly (beneficially or of record) by such party as of the Effective Date.

1.2 “Anniversary Date” means the yearly increment(s) from the Effective Date or, if clearly denoted, other dates or events referenced in the Agreement.

1.3 “Confidential Information” means information, in written or other tangible form, which is directly related to the business of Discloser, which has been conspicuously marked by Discloser as “confidential” or “proprietary” at the time of disclosure and if unable to reasonably so mark, Discloser informs Recipient of the information’s confidential nature at the time of disclosure. Confidential Information shall not include information that: (a) is at the time of disclosure, or subsequently, publicly available without the Recipient’s breach of any obligations owed Discloser; (b) becomes known to the Recipient prior to the Discloser’s disclosure of such information to the Recipient; (c) becomes known to the Recipient from a source other than the Discloser without a breach of a confidentiality obligation owed to the Discloser; or (d) is independently developed by the Recipient.

1.4 “Customer” means any reseller, distributor, or other OEM customer, excluding Affiliates, who sublicenses, resells, and distributes the OEM Product directly and indirectly through its distribution channels to End Users.

1.5 “Discloser” means a party that discloses Confidential Information.

1.6 “Documentation” means information OPSWAT publishes relating to Software capabilities and uses, whether in printed or electronic format, that OPSWAT makes commercially available to OEM Software licensees, including Support Charts and the Software description in Exhibit C.

1.7 “End Users” means persons who license the OEM Product for their own internal production use and not for distribution, resale, or sublicensing.

1.8 “End User Support” means technical guidance and assistance OEM provides, including but not limited to (a) responding directly to support requests from End Users, Customers, or other OEM distribution channel participants; (b) installing Software enhancements and training on enhancements to End Users, Customers, and other OEM distribution channel participants; (c) isolating Errors, including (1) determining Error sources, (2) coordinating Error corrections, and (3) providing relevant Error information, enhancements, corrections, and new Software releases.

1.9 “Error” means a reproducible failure of the Software to comply in any material respect with the Documentation.

1.10 “Fees” means the amounts payable to OPSWAT by OEM described in Exhibit A for the Software license and Maintenance and Support.

1.11 “Golden Master Key” means the confidential ASCI character string that activates the Software.

1.12 “Insolvent Party” means a party that becomes insolvent, is placed in receivership, commences bankruptcy proceedings or other proceedings for the settlement of debts, makes an assignment for the benefit of creditors, or acts to dissolve or liquidate.

1.13 “Invalid Clause” means a provision in this Agreement held by a court of competent jurisdiction to be illegal, invalid or unenforceable.

1.14 “Maintenance and Support” means the services and obligations of the parties with respect to the Software as set forth in Exhibit D.

1.15 “OEM Indemnitees” means OEM directors, officers, employees, and agents.

1.16 “OEM Product” means the OEM product that incorporates the Software, and which adds significant functionality to the Software when incorporated, as described in Exhibit B.

1.17 “Other Approved Use” means Software uses OPSWAT approves beyond the license rights this Agreement grants.

1.18 “Recipient” means a party that receives Confidential Information.

1.19 “Sample Projects” means Software proofs of concept.

1.20 “Software” means the OPSWAT technology listed in Exhibit A and as described in the Documentation, including Updates, Upgrades, patches, Error fixes, and new releases provided as part of Maintenance and Support.

1.21 “Support Charts” means the OPSWAT description of function support in specific versions of the Software for specified endpoint applications.

1.22 “Support Portal” means the password-protected website OPSWAT maintains for OEM to request Support, notify OPSWAT of Errors, and access Software, Maintenance and Support, Documentation, and Support Charts.

1.23 “Term” means the time period between the Effective Date and one (1) year from the Effective Date, unless earlier terminated pursuant to Section 9, TERM AND TERMINATION.

1.24 “Territory” means worldwide.

1.25 “Trademarks” means trademarks, trade names, logos, or other identification symbols OPSWAT claims and the OPSWAT corporate name.

1.26 “Update” means a release which contains a supplement to, augmentation of, or correction to the Software to enhance functionality, correct known defect(s), or provide supplemental data for use with the Software.

1.27 “Upgrade” means a release of the Software, enhancements, or components subsequent to the Effective Date in which OPSWAT incorporates revisions which perform materially new and different functions or increase the capacity of the Software to process information. Whether a release is designated as an Update or Upgrade remains within OPSWAT’s sole discretion.

2.1 OPSWAT grants to OEM a nonexclusive, nontransferable, revocable license, solely in the Territory, to (a) use and display, pursuant to this Agreement, the Software, for evaluation, testing, development, demonstration, support and integration of the Software into the OEM Product, and for Other Approved Use; (b) reproduce the Software, solely to be incorporated into the OEM Product; (c) distribute the Software, only in object code form, solely as a component of the OEM Product to Customers and End Users through secure distribution models, and OEM’s usual channels; (d) sublicense Software to End Users as set forth below; and (e) sublicense and grant Customers the rights granted to OEM hereunder; provided however, that Customers shall not have rights to use the Software for development.

2.2 Reserved Rights. Except for the express rights granted in this Agreement, all right, title, and interest in, and to, the Support Portal, Golden Master Key, Software, Documentation, and Support Charts, remain with OPSWAT.

2.3 License Grant Restrictions. Without limitation OEM acknowledges that OEM, Customers and End-Users are prohibited from reverse engineering, reverse compiling, disassembling, or modifying the Software. OEM shall distribute the Software only as part of or in conjunction with the OEM Product which adds significant functionality to the Software. OEM is prohibited from distributing free-standing copies of the Software on a stand-alone basis beyond what is expressly permitted in this Agreement. Nothing herein shall be construed as granting OEM any rights in or access to the source code for the Software.

2.4 Documentation. OPSWAT grants to OEM a non-exclusive, nontransferable right to use, make immaterial modifications (i.e. format Trademarks, font), and copy the Documentation, including Support Charts, in whole or in part, to incorporate the Documentation into OEM’s documentation, solely in conjunction with the distribution of OEM Products, in the Territory. Any material modification of the Documentation requires OPSWAT’s express written consent.

3.1 OEM agrees to preserve, and not modify or mask, OPSWAT program identifiers, copyrights, and Trademarks contained in the Software.3.1 OEM agrees to preserve, and not modify or mask, OPSWAT program identifiers, copyrights, and Trademarks contained in the Software.

3.2 Marketing Requirements. OEM shall participate in a (a) joint press release announcing the relationship within sixty (60) days of the Effective Date and (b) case study within ninety (90) days of the first customer ship of the OEM Product, generally describing how the Software enhances the OEM Product. OEM shall provide OPSWAT with OEM’s logo for reproduction and display on the OPSWAT website in a manner consistent with how OPSWAT reproduces and displays the logos of its customers and partners, subject to OEM’s logo usage guidelines.

3.3 OEM bears its own costs in using the Software and Documentation to develop, market, and distribute OEM Products.

3.4 OEM shall conduct its business in its own name and in a manner that reflects favorably at all times on the Software and the goodwill and reputation of OPSWAT.

3.5 OPSWAT grants to OEM a non-exclusive, personal license to use the Trademarks in the Territory according to OPSWAT Trademark usage guidelines. OEM may, at its option, use the Trademarks on user guides and marketing materials relating to OEM Products. OEM agrees to supply OPSWAT with Trademarks use specimens upon request. OEM agrees that use of Trademarks shall not create any right, title, or interest, in or to the Trademarks, and all use and goodwill associated with the Trademarks inure to the sole benefit of OPSWAT.

4.1 Fees. OEM shall pay OPSWAT Fees for the Software, Maintenance and Support, and other OPSWAT products and services, according to Exhibit A. All Fees 45 days past due accrue interest at the rate of one percent (1%) per month or the highest rate allowed by law, whichever is lower, from the date the Fees became due to OPSWAT from OEM. OEM agrees to pay for all collection charges, including but not limited to, attorneys’ fees and litigation costs.

4.2 Taxes. Fees are exclusive of all taxes. OEM shall be responsible for, and timely pay, all taxes levied against OEM, excluding taxes on the net income of OPSWAT.

4.3 Withholding Taxes. If taxes are required to be withheld on amounts paid by OEM to OPSWAT, OPSWAT will pay the taxes to the appropriate taxing authority directly, and invoice OEM the taxes paid for OEM to reimburse OPSWAT within thirty (30) days of the invoice date, unless OEM provides OPSWAT with a valid tax exemption certificate authorized by the appropriate taxing authority.

4.4 No Set-off. All amounts payable under this Agreement by OEM to OPSWAT shall be paid in full without set-off, deduction, or withholding of amounts due to OEM from OPSWAT.

5.1 DISCLAIMER OF WARRANTIES. APART FROM ANY CONDITION OR WARRANTY IMPLIED BY STATUTE WHICH CANNOT BE EXCLUDED, OPSWAT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SOFTWARE, DOCUMENTATION, SAMPLE PROJECTS, SUPPORT PORTAL, AND MAINTENANCE AND SUPPORT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND SUCH SERVICES AND PRODUCTS ARE PROVIDED “AS IS.” NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY OEM FROM OPSWAT OR THROUGH OR FROM THE SOFTWARE, DOCUMENTATION, SAMPLE PROJECTS, SUPPORT PORTAL, AND MAINTENANCE AND SUPPORT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

5.2 OEM SHALL MAKE NO WARRANTIES TO CUSTOMERS OR END USERS ON BEHALF OF OPSWAT.

5.3. OEM represents and warrants that it has an unrestricted right and authority to enter into this Agreement, and it will comply with all applicable laws, including but not limited to export laws.

6.1 OPSWAT Indemnity to OEM. OPSWAT shall defend, indemnify and hold harmless OEM Indemnitees from and against all losses, liabilities, damages, claims and expenses, including attorneys’ fees and litigation costs, arising out of any claim, suit or proceeding brought against OEM Indemnitees alleging that the Software infringes any patent, copyright, trade secret, or trademark right, provided that OEM Indemnitees (a) give OPSWAT prompt written notice of any such claim; (b) allow OPSWAT to control the defense and settlement of such claim; (c) refrain from entering into a settlement of such claim without prior OPSWAT written consent; and (d) provide all assistance OPSWAT reasonably requests in the defense or settlement of such claim, at OPSWAT expense. Upon notice of an alleged infringement or if in the opinion of OPSWAT such a claim is likely, OPSWAT shall, at its option, either obtain for OEM Indemnitees a continuing license to the Software, substitute non-infringing software with equivalent or better operating capabilities and functionality, or modify the Software so it is no longer infringing while maintaining equivalent or better operating capabilities and functionality. In the event none of the above options are commercially feasible, OPSWAT may terminate this Agreement, following which OEM shall be entitled to obtain from OPSWAT a refund of all fees paid by OEM during the previous six (6) months. THIS SECTION SETS FORTH OPSWAT’S SOLE AND EXCLUSIVE LIABILITY, AND OEM’S SOLE AND EXCLUSIVE REMEDY FOR OPSWAT’S INFRINGEMENT OF THIRD PARTY RIGHTS.

6.2 OEM Indemnity to OPSWAT. OEM shall defend, indemnify and hold OPSWAT harmless from any claim, suit or proceeding, including attorneys’ fees and litigation costs, brought against OPSWAT as a result of, relating to or arising from OEM Products’ infringement of any patent, copyright, trade secret, trademark right, or other third party proprietary rights; provided OEM shall have no liability for, nor shall OEM indemnify OPSWAT against, an infringement claim based solely on the Software, unless OEM used the Software in a manner inconsistent with the license grant. The foregoing obligation is conditioned on OPSWAT: (a) giving OEM prompt written notice of any such claim; (b) allow OEM to control the defense and settlement of such claim; (c) refrain from entering into a settlement of such claim without prior OEM written consent; and (d) provide all assistance OEM requests in the defense or settlement of such claim, at OEM expense. THIS SECTION SETS FORTH OEM’S SOLE AND EXCLUSIVE LIABILITY, AND OPSWAT’S SOLE AND EXCLUSIVE REMEDY FOR OEM’S INFRINGEMENT OF THIRD PARTY RIGHTS.

7.1 IN NO EVENT WILL A PARTY BE LIABLE TO THE OTHER FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, STATUTORY, PUNITIVE, INDIRECT OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND LOST SAVINGS, HOWEVER CAUSED, WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE, EVEN IF A PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF A WARRANTY SET FORTH IN THIS AGREEMENT.

7.2 SUBJECT TO SECTION 7.3, EACH PARTY’S TOTAL LIABILITY TO THE OTHER PARTY ARISING FROM OR IN RELATION TO THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE SHALL BE LIMITED TO THE TOTAL AMOUNTS PAID BY OEM TO OPSWAT, UPON WHICH THE DAMAGES WERE BASED, DURING THE TWELVE (12) MONTH PERIOD PRIOR TO ACCRUAL OF THE CAUSE OF ACTION. IN NO EVENT WILL A PARTY BE LIABLE FOR COSTS TO PROCURE SUBSTITUTE GOODS. THIS SECTION SURVIVES AGREEMENT TERMINATION.

7.3 NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES OEM’S OBLIGATIONS TO PAY OPSWAT ALL FEES, OR A PARTY’S LIABILITY FOR (a) FRAUD; (b) DEATH OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE; (c) VIOLATION OF SECTIONS 6, 8, AND 9; OR (d) ANY MATTER THAT THE LAW MAY NOT LIMIT OR EXCLUDE.

8.1 Each Recipient shall retain in confidence and require its employees, agents and contractors, to retain in confidence the terms and conditions of this Agreement, and all Confidential Information of a Discloser. Recipient shall retain Discloser’s Confidential Information in the manner Recipient retains its own Confidential Information, but in no event less secure than a reasonable manner. Confidential Information remains the sole property of the Discloser and shall not be disclosed to a third party without Discloser’s express written consent (except, solely for Recipient’s internal business needs, to consultants and Affiliates bound by a written agreement with Recipient to maintain the confidentiality of such Confidential Information in a manner consistent with this Agreement). The obligations set forth herein with respect to Confidential Information continue in for a period of three (3) years after the date of disclosure of Confidential Information. After 3 years, the parties’ obligations survive and continue with respect to Confidential Information that is a trade secret under applicable law.

8.2 Confidential Information may be produced in compliance with applicable law or a court order, provided the Discloser is given reasonable notice of such law or order and an opportunity to preclude or limit such production.

8.3 Return or Destroy Confidential Information. Confidential Information remains the Discloser’s property. In the event of Agreement termination or expiration: (a) the Recipient shall, within five (5) days after being so requested by the Discloser, return to the Discloser all of the Discloser’s Confidential Information in tangible form that is within the possession or control of the Recipient; and (b) except to the extent the Recipient is advised in writing by counsel that it is prohibited by law from so doing and except for an archival copy kept by the Recipient for its files and copies on backup tapes that are not readily accessible for use, a corporate officer of the Recipient will certify destruction of all writings or recordings prepared by it or its agents based upon, containing, or otherwise reflecting any Confidential Information. Confidential Information that is not returned or destroyed, including but not limited to oral Confidential Information, remain subject to the confidentiality obligations in this Agreement.

8.4 Access to Confidential Information shall not preclude an individual who has seen Confidential Information from working on projects for the Recipient which relate to similar subject matters, so long as such work is done without breach of Section 2 or Section 8.1. Nothing contained herein shall be construed as imposing any restriction on the Recipient’s disclosure or use of general learning, skills, or know-how the Recipient develops under this Agreement, if such disclosure and use would be regarded by a person of ordinary skill in the relevant area as not constituting a disclosure or use of the Confidential Information.

8.5 Unauthorized use, reproduction or dissemination of the Software, Documentation, or Confidential Information may cause substantial damage to the parties for which money damages may not be an adequate remedy. If a party breaches or attempts to breach an obligation related to the Software, Documentation, or Confidential Information, each party may seek equitable relief, including but not limited to injunctive relief, without posting bond, to protect its interests.

9.1 The Agreement Term defined in Section 1.23 automatically renews for additional one (1) year terms until terminated for convenience or cause.

9.2 Termination for Convenience. OEM may terminate the Agreement for convenience by providing OPSWAT ninety (90) days written notice of intent to terminate for convenience. Beginning with the second Anniversary Date, OPSWAT may terminate the Agreement for convenience by providing OEM one-hundred-eighty (180) days written notice of intent to terminate for convenience.

9.3 Termination for Cause. Either party may terminate this Agreement by written notice in the event of a material breach, and the breaching party does not cure the breach within thirty (30) days of the notice date. Failure by OEM to timely pay Fees constitutes a material breach of this Agreement. OPSWAT shall have a right to terminate this Agreement immediately in the event of an assignment or change in ownership or control of OEM. Either party may immediately terminate this Agreement by written notice when a party becomes an Insolvent Party, provided, that the foregoing shall not prejudice the rights of the parties pursuant to 11 U.S.C. Section 365(n). In the event OPSWAT becomes an Insolvent Party, OPSWAT will deliver to OEM a copy of its then-current source code for the Software.

9.4 Immediately upon Agreement termination or expiration, OEM (and its Customers, if any) shall immediately cease marketing, reproducing, and distributing the Software and Documentation. OEM (and its Customers, if any) shall immediately cease using the Trademarks. OEM shall immediately return to OPSWAT or certify destruction of the Golden Master Key and all copies of the Software and the Documentation.

9.5 Neither party will be liable for damages as a result of exercising its termination rights, nor will termination affect other rights or remedies of each party.

9.6 Survival. The following Sections survive Agreement termination or expiration: 0, 2.2, 3.1, 4, 5, 6, 7, 8, 9.4, 9.6, 10.2, 10.6, 10.7.

10.1 Assignment. Neither party may assign this Agreement (in whole or in part) without the other party’s prior written consent, and any attempt to do so will be null and void, provided however, that either party may assign its rights and obligations under this Agreement without the consent of the other party to an Affiliate, or to a successor in connection with a merger, acquisition or sale of substantially all of a party’s assets or the majority of its stock. If OEM acquires or is acquired by an entity having an existing agreement with OPSWAT, both this Agreement and the existing agreement with the acquired/acquiring entity will be honored through the respective termination dates. This Agreement binds and inures to the benefit of the parties and their respective successors and permitted assigns.

10.2 Governing Law and Venue. This Agreement is governed by and construed according to the laws of the State of California, excluding California’s choice of law principles. In the event of a dispute or claim arising out of this Agreement, the parties submit to exclusive venue in, and the exclusive jurisdiction of, the federal and state courts, as applicable, located in San Francisco, California (except that a party may enforce a judgment in any court of competent jurisdiction).

10.3 This Agreement may be amended or supplemented only by a writing that refers explicitly to this Agreement and signed by both parties.

10.4 Waiver. No waiver will be implied from conduct or failure to enforce rights. No waiver will be effective unless in writing signed by the party against whom the waiver is asserted, and such waiver shall only be effective as to the particular act the written waiver identifies.

10.5 Force Majeure. Except with respect to the obligation to pay Fees, neither party shall be deemed in default of this Agreement to the extent that any performance delay or failure results, without a party’s fault or negligence, from any cause beyond its reasonable control, provided said party gives prompt notice of the force majeure condition and uses reasonable efforts to rectify said condition. If the force majeure condition continues for thirty (30) days, the party affected by the performance failure or delay may terminate this Agreement.

10.6 Severability. If this Agreement has an Invalid Clause, the Invalid Clause will be enforced to the maximum extent the law permits, and the remainder of this Agreement will be enforced to the extent such enforcement, when viewed in light of the full or partial exclusion of the Invalid Clause, is consistent with the parties’ intent.

10.7 Notices. Notice required or contemplated by this Agreement shall be deemed given on the day delivered, unless sent after business hours or not on a business day, in which case the notice will be effective on the next business day, by (a) personal delivery, (b) certified or registered mail (postage prepaid, return receipt requested), or (c) email with reply receipt confirmation, addressed as follows:

  • The parties may change their contact information at any time with written notice.
  • Notice not given in writing shall be effective only if acknowledged in writing by an authorized representative of the party to whom it was given.

10.8 Relationship of Parties. The relationship of OPSWAT and OEM established by this Agreement is that of independent contractors, and nothing contained in this Agreement shall be construed to: (a) give either party the power to direct and control the day to-day activities of the other; (b) constitute the parties as partners, franchise, co-owners, or otherwise as participants in a joint undertaking; or (c) allow either party to create or assume an obligation on behalf of the other party for any purpose.

10.9 Government Restricted Rights. OPSWAT products or services provided to OEM under this Agreement shall be deemed “commercial computer software” and “commercial computer software documentation” pursuant to DFAR Section 227.7202 and FAR Section 12.212 (and the successor to such Sections, if any). The use of the OPSWAT products or services including, but not limited to its reproduction and display, by the U.S. Government and/or its instrumentalities, shall be governed by this Agreement. Under no circumstances shall OPSWAT be obligated to comply with government requirements regarding cost or pricing data or cost accounting. For any use of the OPSWAT products or services that require compliance with government requirements, or that affect OPSWAT’s rights in its products or services, OEM must notify OPSWAT of said government requirements and obtain an appropriate waiver or exemption from such government requirements for the benefit of OEM from an appropriate authority before OEM licenses an OPSWAT product or service to the U.S. Government and/or its instrumentalities.

10.10 Entire Agreement. This Agreement, including all exhibits attached hereto, shall constitute the entire agreement between the parties with respect to its subject matter and merges all prior and contemporaneous communications, both written and oral.


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GNU GENERAL PUBLIC LICENSE Version 3, 29 June 2007

Copyright (C) 2007 Free Software Foundation, Inc. {http://fsf.org/} Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.

The GNU General Public License is a free, copyleft license for software and other kinds of works.

The licenses for most software and other practical works are designed to take away your freedom to share and change the works. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change all versions of a program--to make sure it remains free software for all its users. We, the Free Software Foundation, use the GNU General Public License for most of our software; it applies also to any other work released this way by its authors. You can apply it to your programs, too.

When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for them if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs, and that you know you can do these things.

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  5. Convey the object code using peer-to-peer transmission, provided you inform other peers where the object code and Corresponding Source of the work are being offered to the general public at no charge under subsection 6d.

A separable portion of the object code, whose source code is excluded from the Corresponding Source as a System Library, need not be included in conveying the object code work.

A "User Product" is either (1) a "consumer product", which means any tangible personal property which is normally used for personal, family, or household purposes, or (2) anything designed or sold for incorporation into a dwelling. In determining whether a product is a consumer product, doubtful cases shall be resolved in favor of coverage. For a particular product received by a particular user, "normally used" refers to a typical or common use of that class of product, regardless of the status of the particular user or of the way in which the particular user actually uses, or expects or is expected to use, the product. A product is a consumer product regardless of whether the product has substantial commercial, industrial or non-consumer uses, unless such uses represent the only significant mode of use of the product.

"Installation Information" for a User Product means any methods, procedures, authorization keys, or other information required to install and execute modified versions of a covered work in that User Product from a modified version of its Corresponding Source. The information must suffice to ensure that the continued functioning of the modified object code is in no case prevented or interfered with solely because modification has been made.

If you convey an object code work under this section in, or with, or specifically for use in, a User Product, and the conveying occurs as part of a transaction in which the right of possession and use of the User Product is transferred to the recipient in perpetuity or for a fixed term (regardless of how the transaction is characterized), the Corresponding Source conveyed under this section must be accompanied by the Installation Information. But this requirement does not apply if neither you nor any third party retains the ability to install modified object code on the User Product (for example, the work has been installed in ROM).

The requirement to provide Installation Information does not include a requirement to continue to provide support service, warranty, or updates for a work that has been modified or installed by the recipient, or for the User Product in which it has been modified or installed. Access to a network may be denied when the modification itself materially and adversely affects the operation of the network or violates the rules and protocols for communication across the network.

Corresponding Source conveyed, and Installation Information provided, in accord with this section must be in a format that is publicly documented (and with an implementation available to the public in source code form), and must require no special password or key for unpacking, reading or copying.

"Additional permissions" are terms that supplement the terms of this License by making exceptions from one or more of its conditions. Additional permissions that are applicable to the entire Program shall be treated as though they were included in this License, to the extent that they are valid under applicable law. If additional permissions apply only to part of the Program, that part may be used separately under those permissions, but the entire Program remains governed by this License without regard to the additional permissions.

When you convey a copy of a covered work, you may at your option remove any additional permissions from that copy, or from any part of it. (Additional permissions may be written to require their own removal in certain cases when you modify the work.) You may place additional permissions on material, added by you to a covered work, for which you have or can give appropriate copyright permission.

Notwithstanding any other provision of this License, for material you add to a covered work, you may (if authorized by the copyright holders of that material) supplement the terms of this License with terms:

  1. Disclaiming warranty or limiting liability differently from the terms of sections 15 and 16 of this License; or
  2. Requiring preservation of specified reasonable legal notices or author attributions in that material or in the Appropriate Legal Notices displayed by works containing it; or
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  6. Requiring indemnification of licensors and authors of that material by anyone who conveys the material (or modified versions of it) with contractual assumptions of liability to the recipient, for any liability that these contractual assumptions directly impose on those licensors and authors.

All other non-permissive additional terms are considered "further restrictions" within the meaning of section 10. If the Program as you received it, or any part of it, contains a notice stating that it is governed by this License along with a term that is a further restriction, you may remove that term. If a license document contains a further restriction but permits relicensing or conveying under this License, you may add to a covered work material governed by the terms of that license document, provided that the further restriction does not survive such relicensing or conveying.

If you add terms to a covered work in accord with this section, you must place, in the relevant source files, a statement of the additional terms that apply to those files, or a notice indicating where to find the applicable terms.

Additional terms, permissive or non-permissive, may be stated in the form of a separately written license, or stated as exceptions; the above requirements apply either way.

You may not propagate or modify a covered work except as expressly provided under this License. Any attempt otherwise to propagate or modify it is void, and will automatically terminate your rights under this License (including any patent licenses granted under the third paragraph of section 11).

However, if you cease all violation of this License, then your license from a particular copyright holder is reinstated (a) provisionally, unless and until the copyright holder explicitly and finally terminates your license, and (b) permanently, if the copyright holder fails to notify you of the violation by some reasonable means prior to 60 days after the cessation.

Moreover, your license from a particular copyright holder is reinstated permanently if the copyright holder notifies you of the violation by some reasonable means, this is the first time you have received notice of violation of this License (for any work) from that copyright holder, and you cure the violation prior to 30 days after your receipt of the notice.

Termination of your rights under this section does not terminate the licenses of parties who have received copies or rights from you under this License. If your rights have been terminated and not permanently reinstated, you do not qualify to receive new licenses for the same material under section 10.

You are not required to accept this License in order to receive or run a copy of the Program. Ancillary propagation of a covered work occurring solely as a consequence of using peer-to-peer transmission to receive a copy likewise does not require acceptance. However, nothing other than this License grants you permission to propagate or modify any covered work. These actions infringe copyright if you do not accept this License. Therefore, by modifying or propagating a covered work, you indicate your acceptance of this License to do so.

Each time you convey a covered work, the recipient automatically receives a license from the original licensors, to run, modify and propagate that work, subject to this License. You are not responsible for enforcing compliance by third parties with this License.

An "entity transaction" is a transaction transferring control of an organization, or substantially all assets of one, or subdividing an organization, or merging organizations. If propagation of a covered work results from an entity transaction, each party to that transaction who receives a copy of the work also receives whatever licenses to the work the party's predecessor in interest had or could give under the previous paragraph, plus a right to possession of the Corresponding Source of the work from the predecessor in interest, if the predecessor has it or can get it with reasonable efforts.

You may not impose any further restrictions on the exercise of the rights granted or affirmed under this License. For example, you may not impose a license fee, royalty, or other charge for exercise of rights granted under this License, and you may not initiate litigation (including a cross-claim or counterclaim in a lawsuit) alleging that any patent claim is infringed by making, using, selling, offering for sale, or importing the Program or any portion of it.

A "contributor" is a copyright holder who authorizes use under this License of the Program or a work on which the Program is based. The work thus licensed is called the contributor's "contributor version".

A contributor's "essential patent claims" are all patent claims owned or controlled by the contributor, whether already acquired or hereafter acquired, that would be infringed by some manner, permitted by this License, of making, using, or selling its contributor version, but do not include claims that would be infringed only as a consequence of further modification of the contributor version. For purposes of this definition, "control" includes the right to grant patent sublicenses in a manner consistent with the requirements of this License.

Each contributor grants you a non-exclusive, worldwide, royalty-free patent license under the contributor's essential patent claims, to make, use, sell, offer for sale, import and otherwise run, modify and propagate the contents of its contributor version.

In the following three paragraphs, a "patent license" is any express agreement or commitment, however denominated, not to enforce a patent (such as an express permission to practice a patent or covenant not to sue for patent infringement). To "grant" such a patent license to a party means to make such an agreement or commitment not to enforce a patent against the party.

If you convey a covered work, knowingly relying on a patent license, and the Corresponding Source of the work is not available for anyone to copy, free of charge and under the terms of this License, through a publicly available network server or other readily accessible means, then you must either (1) cause the Corresponding Source to be so available, or (2) arrange to deprive yourself of the benefit of the patent license for this particular work, or (3) arrange, in a manner consistent with the requirements of this License, to extend the patent license to downstream recipients. "Knowingly relying" means you have actual knowledge that, but for the patent license, your conveying the covered work in a country, or your recipient's use of the covered work in a country, would infringe one or more identifiable patents in that country that you have reason to believe are valid.

If, pursuant to or in connection with a single transaction or arrangement, you convey, or propagate by procuring conveyance of, a covered work, and grant a patent license to some of the parties receiving the covered work authorizing them to use, propagate, modify or convey a specific copy of the covered work, then the patent license you grant is automatically extended to all recipients of the covered work and works based on it.

A patent license is "discriminatory" if it does not include within the scope of its coverage, prohibits the exercise of, or is conditioned on the non-exercise of one or more of the rights that are specifically granted under this License. You may not convey a covered work if you are a party to an arrangement with a third party that is in the business of distributing software, under which you make payment to the third party based on the extent of your activity of conveying the work, and under which the third party grants, to any of the parties who would receive the covered work from you, a discriminatory patent license (a) in connection with copies of the covered work conveyed by you (or copies made from those copies), or (b) primarily for and in connection with specific products or compilations that contain the covered work, unless you entered into that arrangement, or that patent license was granted, prior to 28 March 2007.

Nothing in this License shall be construed as excluding or limiting any implied license or other defenses to infringement that may otherwise be available to you under applicable patent law.

If conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot convey a covered work so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not convey it at all. For example, if you agree to terms that obligate you to collect a royalty for further conveying from those to whom you convey the Program, the only way you could satisfy both those terms and this License would be to refrain entirely from conveying the Program.

Notwithstanding any other provision of this License, you have permission to link or combine any covered work with a work licensed under version 3 of the GNU Affero General Public License into a single combined work, and to convey the resulting work. The terms of this License will continue to apply to the part which is the covered work, but the special requirements of the GNU Affero General Public License, section 13, concerning interaction through a network will apply to the combination as such.

The Free Software Foundation may publish revised and/or new versions of the GNU General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.

Each version is given a distinguishing version number. If the Program specifies that a certain numbered version of the GNU General Public License "or any later version" applies to it, you have the option of following the terms and conditions either of that numbered version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of the GNU General Public License, you may choose any version ever published by the Free Software Foundation.

If the Program specifies that a proxy can decide which future versions of the GNU General Public License can be used, that proxy's public statement of acceptance of a version permanently authorizes you to choose that version for the Program.

Later license versions may give you additional or different permissions. However, no additional obligations are imposed on any author or copyright holder as a result of your choosing to follow a later version.

THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, reviewing courts shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with the Program, unless a warranty or assumption of liability accompanies a copy of the Program in return for a fee.

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