Software License Agreement Please read the terms and conditions of this license agreement (the "License" before installing the computer software (the "PowerPanel") By installing and using the PowerPanel you accept and agree to the terms of this License. This License constitutes the entire agreement concerning the PowerPanel between you and Cyber Power Systems, Inc. ("CyberPower") and it supersedes any prior proposal or representation. If you do not agree with these terms and conditions, promptly un-install the PowerPanel. The term "PowerPanel" includes, and these terms and conditions also apply to, any updates, modifications and upgrades to the PowerPanel that you may receive from time to time. 1. License Grant This License permits you to use the PowerPanel solely for your use per the purchased products which the PowerPanel is accompanied by of CyberPower. You agree that you will not sub-license, assign, transfer, distribute, pledge, lease, rent or share your rights under this License except with prior written permission from CyberPower. You agree that you will not modify, adapt or translate, disassemble, decompile, reverse engineer or otherwise attempt to discover the source code of the PowerPanel. 2. CyberPower's Rights You acknowledge and agree that the PowerPanel is proprietary products of CyberPower under international copyright law and disclosed to you by CyberPower in confidence. You shall take all reasonable steps to safeguard the PowerPanel. CyberPower owns and retains all copyright- , trademark-, trade secret- and other proprietary rights in and to the Licensed Products. This License conveys only a non-exclusive and limited right of use to you, revocable in accordance with the terms and conditions of this License. 3. Limitation of Liability YOU AGREE THAT ALL INFORMATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THERE ARE NO WARRANTIES OF ANY KIND, AND THERE ARE NO WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR PARTICULAR PURPOSE. IN ADDITION, CYBERPOWER MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING INTELLECTUAL PROPERTY, AND CYBERPOWER PROVIDES NO INDEMINIFICATIONS IN THIS REGARD. In no event shall CyberPower be liable for any damages to you or any other party whether arising out of contract or from tort including loss of data, profits or business, or other special, incidental, exemplary or consequential damages, even if CyberPower has been advised of the possibility of such loss or damages. CyberPower's cumulative liability shall not exceed the amount paid by you for the purchased product of CyberPower which the PowerPanel is accompanied by within ONE YEAR, if any, for use of the PowerPanel. This section shall survive termination of this License. 4. Disclaimers CYBERPOWER DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. CyberPower does not warrant that the PowerPanel, its use, operation or your ability to use the PowerPanel will be uninterrupted or error-free or that all software errors will be corrected, including any defect or problems caused by any defect in any hardware or software used in combination with the PowerPanel, or use of the PowerPanel in execution environments. CyberPower does not warrant that the PowerPanel or service will meet your equirements or that the operation of the PowerPanel will be uninterrupted or error free. 5. Termination This agreement is in effect until terminated. The agreement may be terminated by CyberPower without any reason from time to time. The agreement also terminates if you fail to comply with any terms and conditions of this agreement. In such an event, you agree to destroy and erase all copies of the PowerPanel, and CyberPower will be entitled to all remedies in accordance with applicable law.