END USER LICENSE AGREEMENT
Software License Agreement for PingGraph

IMPORTANT- PLEASE READ CAREFULLY: BY INSTALLING THE SOFTWARE (AS DEFINED BELOW),
COPYING THE SOFTWARE AND/OR CLICKING ON THE 'ACCEPT' BUTTON BELOW, YOU (EITHER
ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS AUTHORIZED
REPRESENTATIVE) AGREE TO ALL OF THE TERMS OF THIS END USER LICENSE AGREEMENT
('AGREEMENT') REGARDING YOUR USE OF THE SOFTWARE. IF YOU DO NOT AGREE WITH ALL
OF THE TERMS OF THIS AGREEMENT, CLICK ON THE 'NO' BUTTON. THIS WILL CANCEL THE
INSTALLATION.

1. GRANT OF LICENSE:
Subject to the terms below, Infix Technologies hereby grants you a non-exclusive, non-transferable
license to install and to use PingGraph ('Software'). Under this license, you may: (i) install and use
the Software on a single computer for your personal, internal use (ii) copy the Software for back-up
or archival purposes. (iii)You may not distribute the software to others without first obtaining the
required licenses, where applicable. Whether you are licensing the Software as an individual or on
behalf of an entity, you may not: (i) reverse engineer, decompile, or disassemble the Software or
attempt to discover the source code; (ii) modify, or create derivative works based upon, the
Software in whole or in part without the express written consent of Infix Technologies; (iii) distribute
copies of the Software; (iv) remove any proprietary notices or labels on the Software; (v) resell,
lease, rent, transfer, sublicense, or otherwise transfer rights to the Software.

2. TITLE: You acknowledge that no title to the intellectual property in the Software is transferred to you.
Title, ownership, rights, and intellectual property rights in and to the Software shall remain that of
Infix Technologies . The Software is protected by copyright and patent laws of the United States
and international treaties.

3. DISCLAIMER OF WARRANTY:
YOU AGREE THAT Infix Technologies HAS MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN,
TO YOU REGARDING THE PRODUCTS AND THAT THE PRODUCTS ARE BEING PROVIDED TO YOU
'AS IS' WITHOUT WARRANTY OF ANY KIND.

4. Infix Technologies DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED,
IMPLIED, OR STATUTORY. YOUR RIGHTS MAY VARY DEPENDING ON THE STATE IN WHICH YOU
LIVE. Infix Technologies SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, COVER,
RELIANCE, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS PRODUCT.

5. LIMITATION OF LIABILITY: You use this program solely at your own risk. IN NO EVENT SHALL
Infix Technologies BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY
LOSS, OR OTHER INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING
OUT OF THE USE OF THE SOFTWARE, EVEN IF Infix Technologies HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Infix Technologies BE LIABLE FOR ANY
CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE
COST OF THE SOFTWARE. THIS LIMITATION SHALL APPLY TO CLAIMS OF PERSONAL INJURY
TO THE EXTENT PERMITTED BY LAW.

6. TERMINATION: This Agreement shall terminate automatically if you fail to comply with the limitations
described in this Agreement. No notice shall be required to effectuate such termination. Upon
termination, you must remove and destroy all copies of the Software.

7. MISCELLANEOUS:

Severability.
In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall
not affect the validity of the remaining portions of this Agreement.

Export.
You agree that you will not export or re-export the Software outside of the jurisdiction in which
you obtained it without the appropriate United States or foreign government licenses.

Governing Law.
This Agreement will be governed by the laws of the State of Utah as they are applied to
agreements between Utah residents entered into and to be performed entirely within Utah. The
United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.

Entire Agreement.
You agree that this is the entire agreement between you and Infix Technologies, which supersedes
any prior agreement, whether written or oral, and all other communications between Infix
Technologies and you relating to the subject matter of this Agreement.

Reservation of rights.
All rights not expressly granted in this Agreement are reserved by Infix Technologies.