End User License Agreement

CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS WITHIN THIS LICENSE AGREEMENT. BY INSTALLING OR USING THIS SOFTWARE, YOU INDICATE THE ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS AND YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE ADVANCED WEB STATS SOFTWARE.

This Advanced Web Stats End-User License Agreement ("Agreement") is made by and between Caphyon Ltd. and You (either an individual or a legal entity that you represent as an authorized employee or agent), together indicated as the "Parties". Therefore, the Parties agree as follows:

1. Grant of License

By clicking on the "Accept" button accompanying this Agreement or by using the Advanced Web Stats Software and any accompanying proprietary documentation made available by Caphyon to You for use with the Advanced Web Stats Software (the "Documentation") accompanying this Agreement (the "Product"), You shall be deemed to have accepted and agreed to be bound by the terms and conditions of this Agreement and for the term of the Agreement, Caphyon shall be deemed to have granted to You a non-exclusive, revocable, nonsublicensable, limited license to install, use, and operate the Advanced Web Stats Software on a single server to perform reporting functions (the "License"). In accordance with the Agreement and the License:

(a) You may use the Advanced Web Stats Software to perform reporting functions for a set of profiles up to the number granted by your license key, where each license key is delivered by Caphyon and designates the number of profiles enabled by the License;

(b) You may provide access to the reporting functions to third parties for a fee or free;

(c) You may not transfer the Product to another server other than the one for which it was initially licensed except for the purpose of replacing a server.

(d) You shall use the Product and information obtained from the use thereof in a manner that complies with all applicable laws, rules and regulations.

2. Term

This Agreement and the License is made effective upon clicking on the "Accept" button accompanying this Agreement or by using the Product accompanying this Agreement, and remains in effect until terminated by You or Caphyon. You may terminate this Agreement and the License at any time by removing the Advanced Web Stats Software from your server. Caphyon may terminate this Agreement at any time with written notice to You, which may include electronic mail. This Agreement and the License will terminate immediately without notice from Caphyon if You fail to comply with any provision of this Agreement or the License granted herein. Upon termination You must remove the Advanced Web Stats Software from your server.

3. Intellectual Property

The Product and all intellectual property rights in the Product are, and shall remain, the property of Caphyon. All rights in and to the Product not expressly granted to You in this Agreement are hereby expressly reserved and retained by Caphyon without restriction, including, without limitation, Caphyon's right to sole ownership of the Advanced Web Stats Software and the Documentation. Without limiting the generality of the foregoing, You agree to not (and to not allow any third party to):

(a) sublicense, distribute, or use the Product outside of the scope of the License granted herein;

(b) copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile the Advanced Web Stats Software or otherwise attempt to discover any source code or trade secrets related to the Product;

(c) use the trade names, trademarks, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Product for any purpose without the express written consent of Caphyon;

(d) register, attempt to register, or assist anyone else to register any trade names, trademarks, service marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with Caphyon other than in the name of Caphyon; or

(e) remove, obscure, or alter any notice of copyright, trademark, service mark, logo or other proprietary right appearing in or on any item included with the Product.

4. Additional Licenses

The Advanced Web Stats Software redistributes open source binaries that are protected and covered under their own agreements. The agreements, which are provided via the following links, cover the use and redistribution of the open source software used within the Advanced Web Stats Software:

Apache: http://www.apache.org/LICENSE.txt

Gzip: http://www.math.utah.edu/docs/info/gzip_toc.html

MySQL: http://www.mysql.com/company/legal/licensing/

PostgreSQL: http://www.postgresql.org/about/licence.html

Zip/Unzip: http://www.info-zip.org/license.html

Zlib: http://www.zlib.net/zlib_faq.html#faq23

By using the binaries or the Advanced Web Stats Software, you are bound by those additional agreements. CAPHYON IS NOT LIABLE FOR THE USE OF THE OPEN SOURCE BINARIES. Use of the Advanced Web Stats Software with an operating system may require additional licenses from the operating system vendor. Use of the Advanced Web Stats Software with any modules, add-ons, or programs developed by a third party may require additional licenses from the third party.

5. Disclaimer of Warranty on Product

THE PRODUCT IS LICENSED TO YOU "AS IS". NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE PRODUCT IS GIVEN OR ASSUMED BY CAPHYON, ITS LICENSOR, OR ITS AGENTS, AND ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.

6. Limitation of Liability

YOU AGREE THAT CAPHYON'S TOTAL AGGREGATE LIABILITY HEREUNDER FOR DIRECT DAMAGES ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, EQUITY, TORT, WARRANTY, OR OTHER FORM OF ACTION, WILL NOT EXCEED THE AMOUNT YOU PAID CAPHYON TO ACQUIRE THE ADVANCED WEB STATS PRODUCT. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, EXCEPT FOR BREACHES OF INTELLECTUAL PROPERTY, NEITHER CAPHYON NOR YOU SHALL UNDER ANY CIRCUMSTANCES BE LIABLE TO THE OTHER PARTY, OR ANY THIRD PARTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, FOR CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE, INCIDENTAL OR SPECIAL DAMAGES, (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION), EVEN IF SUCH PARTY HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.

7. Indemnification

You agree to hold harmless, defend and indemnify Caphyon and its affiliates, and their respective employees, agents, and representatives, from and against any third-party claim arising from or in any way related to your (i) breach of any term or condition of this Agreement (ii) your use of the Product, (iii) violations of applicable laws, rules or regulations in connection with the Product, or (iv) your Brand Features, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature, including any claims that any products released by Caphyon is incompatible with the Product provided hereunder. In such a case, Caphyon will provide You with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. Caphyon reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You.

8. Controlling Law and Severability

This Agreement is to be governed by and construed in accordance with the laws and jurisdiction of the defending party. Service of process upon either party shall be valid if served by registered or certified mail, return receipt requested and to the most current address provided by such party. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

9. Marketing, Press Releases and Public Announcements

Any publicity, press release, advertising, marketing or other promotion that either you or Caphyon wishes to create, distribute or otherwise make available that refers to the other party or the subject matter of this Agreement shall be subject in each instance to the prior written approval of such other party.

10. Complete Agreement

This Agreement constitutes the entire agreement between You and Caphyon with respect to the use of the Product, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of Caphyon (ii) You accept updated terms online, or (iii) You continue to use the Product after terms have been updated by Caphyon.