mSIGNA(TM) End-user License Agreement End-user License Agreement (EULA) PLEASE READ CAREFULLY BEFORE USING THIS PRODUCT This End-User License Agreement "EULA" is a legal agreement between (a) you (either an individual or a single entity, ("Licensee") and (b) Ciphrex Corporation ("Licensor") that governs your use of any Software Product, installed on or made available by Ciphrex Corporation for use with mSIGNA(TM) ("Product"). Other software provided by third parties and used with mSIGNA(TM) may be subject to a separate EULA. The term "Software Product" means computer software and may include associated media, printed materials and online or electronic documentation. An amendment or addendum to this EULA may accompany mSIGNA(TM). BY CLICKING "I accept the agreement" YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT ACCEPT THESE LICENSE TERMS, YOU MUST CLICK "Cancel" AND DELETE THE SOFTWARE PRODUCT FROM YOUR COMPUTER. 1. GRANT OF LICENSE. Ciphrex Corporation grants you the following non-exclusive rights provided you agree to and comply with all terms and conditions of this EULA: a.) Use. You may install and use the Software Product. b.) Reservation of Rights. The Software Product is licensed, not sold, to you by Ciphrex Corporation. Ciphrex Corporation and its suppliers own all right, title and interest in and to the Software Product and reserve all rights not expressly granted to you in this EULA. You agree to refrain from any action that would diminish such rights or would call them into question. c.) Freeware. Notwithstanding the terms and conditions of this EULA, all or any portion of the Software Product which constitutes non-proprietary Ciphrex Corporation software or software provided under public license by third parties ("Freeware"), is licensed to you subject to the terms and conditions of the software license agreement accompanying such Freeware whether in the form of a discrete agreement, shrink wrap license or electronic license terms accepted at time of download. Use of the Freeware by you shall be governed entirely by the terms and conditions of such license. 2. ADDITIONAL SOFTWARE. This EULA applies to updates or supplements to the original Software Product provided by Ciphrex Corporation unless Ciphrex Corporation provides other terms along with the update or supplement. In case of a conflict between such terms, the other terms will prevail. 3. PROPRIETARY RIGHTS. All intellectual property rights in the Software Product and user documentation are owned by Ciphrex Corporation or its suppliers and are protected by law, including but not limited to United States copyright, trade secret, and trademark law, as well as other applicable laws and international treaty provisions. The structure, organization and code of the Software Product are the valuable trade secrets and confidential information of Ciphrex Corporation and its suppliers. You shall not remove any product identification, copyright notices or proprietary restrictions from the Software Product or Ciphrex Corporation Product. 4. TERM. This EULA is effective unless terminated or rejected. This EULA will also terminate upon conditions set forth elsewhere in this EULA or if you fail to comply with any term or condition of this EULA. 5. DISCLAIMER OF WARRANTIES. The Software Product is offered on an "AS-IS" basis and Ciphrex Corporation does NOT warrant that the functions contained in the Software Product will meet your requirements or that the operation of the Software Product will be uninterrupted or error free. Computer software is inherently subject to bugs and potential incompatibility with other computer software and hardware. You should not use the Software Product for any applications in which failure could cause any significant damage or injury to persons or tangible or intangible property. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CIPHREX CORPORATION AND ITS SUPPLIERS PROVIDE THE SOFTWARE PRODUCT "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CIPHREX CORPORATION OR A CIPHREX CORPORATION AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. IN NO EVENT DOES CIPHREX CORPORATION PROVIDE ANY WARRANTY OR REPRESENTATIONS WITH RESPECT TO ANY THIRD PARTY HARDWARE OR SOFTWARE WITH WHICH THE CIPHREX CORPORATION PRODUCT IS DESIGNED TO BE USED, AND CIPHREX CORPORATION DISCLAIMS ALL LIABILITY WITH RESPECT TO ANY FAILURES THEREOF. 6. LIMITATION OF LIABILITY. In no event shall Ciphrex Corporation be liable for loss of data or any damages, including incidental or consequential, arising from the use of or inability to use the Software Product. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so this limitation may not apply to you. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CIPHREX CORPORATION OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, FOR LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS EULA), EVEN IF CIPHREX CORPORATION OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 7. COMPLIANCE WITH EXPORT LAWS. You shall comply with all laws and regulations of the United States and other countries ("Export Laws") to ensure that the Software Product is not (1) exported, directly or indirectly, in violation of Export Laws, or (2) used for any purpose prohibited by Export Laws. 8. APPLICABLE LAW. This EULA is governed by the laws of the State of California exclusive of conflict of law provisions and you attorn to the jurisdiction of the courts of the State of California with respect to any proceedings arising from this EULA. 9. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the Ciphrex Corporation Product) is the entire agreement between you and Ciphrex Corporation relating to the Software Product and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software Product or any other subject matter covered by this EULA. To the extent the terms of any Ciphrex Corporation policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. In the event of a conflict between the English and any non-English versions of this EULA, the English version shall govern. If any provision of this EULA is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provision of the EULA will remain in force and effect. (c)2013-2017 Ciphrex Corporation. The information contained herein is subject to change without notice. The only warranties for Ciphrex Corporation Products and services are set forth in the express warranty statements accompanying such products and services. Nothing herein should be construed as constituting an additional warranty. Ciphrex Corporation shall not be liable for technical or editorial errors or omissions contained herein. Portions of the Software Product include technology used under license (c)Digia, (c)CodeSynthesis. All rights reserved. Rev. 01/04