NOTICE TO USER: This is a contract. Read it carefully. By downloading and installing a program from the TimePilot web site you accept all the terms and conditions of this agreement. If you do not agree with the terms and conditions of this agreement, you will not be able to use the software. If you do not accept this agreement and have proof of purchase, you should return the TimePilot product in its entirety to the place of purchase for a refund, within the terms of the retailer’s return policy.

This TimePilot Corporation License Agreement for TimePilot (“Agreement”) is a legal agreement between you (either an individual or a single legal entity) and TimePilot Corporation, whose products include computer software and may include associated media, firmware, printed materials, and “online” or electronic documentation (“Licensed Material”). By downloading, installing, copying, or otherwise using the Licensed Material, you agree to be bound by the terms of this Agreement.

LICENSE FOR LICENSED MATERIAL: Copyright laws and international copyright treaties, as well as other intellectual property laws, including, without limitation, those covering trade secrets, and treaties protect the Licensed Material. The Licensed Material is licensed, not sold.

GRANT OF LICENSE: This Agreement grants you the following right: You may install and use, during the Term of this Agreement, the Licensed Material on your computers.

Description of other rights and limitations

Assignment: Neither this Agreement nor any rights hereunder may be assigned, sublicensed or otherwise transferred, in whole or in part, by you.

Limitation on reverse engineering, decompilation and disassembly: You may not reverse engineer, decompile or disassemble the Licensed Material.

Rental: You may not rent, lease, lend or otherwise transfer the Licensed Material whether for value or not.

Support Services: TimePilot Corporation may provide you with support services related to the Licensed Material (“Support Services”). Use of Support Services is governed by the TimePilot Corporation policies and programs described on its web site, in “online” documentation and/or in other TimePilot Corporationprovided materials. Any supplemental Licensed Material provided to you as part of the Support Services shall be considered part of the Licensed Material and subject to the terms and conditions of this Agreement. With respect to technical information you provide to TimePilot Corporation as part of the Support Services, TimePilot Corporation may use such information for its business purposes, including but not limited to product support and development. TimePilot Corporation shall not be obligated to provide Support Services during any period during which an annual fee is not paid by Licensee or offered by TimePilot Corporation.

Termination: Without prejudice to any other rights, TimePilot Corporation may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement or fail to pay TimePilot Corporation’s invoice for this Licensed Material. In such event, you must destroy all copies of the Licensed Material and all of its component parts.

Upgrades: If the Licensed Material is labeled as an upgrade, you must be properly licensed to use a product identified by TimePilot Corporation as being eligible for the upgrade in order to use the Licensed Material. Licensed Material labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this Agreement. If the Licensed Material is an upgrade of a component of a package of software programs that you licensed as a single product, the Licensed Material may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.

Copyright: All title and copyrights in and to the Licensed Material (including, but not limited to, any images, photographs, animations, video, audio, music, text, and “applets” incorporated into the Licensed Material), the accompanying printed materials, and any copies of the Licensed Material are owned by TimePilot Corporation and/or its suppliers. Copyright laws and international treaty provisions protect the Licensed Material. Therefore, you must treat the Licensed Material like any other copyrighted material. You may not copy the printed materials accompanying the Licensed Material.

Dual-Media Licensed Material: You may receive the Licensed Material in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your computer. You may not use or install the other medium on another computer. You may not loan, rent, lease or otherwise transfer the other medium to another use.

Intended beneficiary: TimePilot Corporation, its suppliers and Licensors are the intended beneficiaries of this Agreement and shall have the right to enforce it on their own behalf and in their name.

U.S. GOVERNMENT RESTRICTED RIGHTS: The Licensed Material and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the commercial Computer Software — Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is TimePilot Corporation, Illinois, USA.

LIMITED WARRANTY: TimePilot Corporation warrants that (a) the Licensed Material will perform substantially in accordance with the accompanying written materials for a period of thirty (30) days from the date of receipt, and (b) any Support Services provided by TimePilot Corporation shall be substantially as described in applicable written materials provided to you by TimePilot Corporation, and TimePilot Corporation support engineers will make commercially reasonable efforts to solve any problem issues. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the Licensed Material, if any, are limited to thirty (30) days.

CUSTOMER REMEDIES: If a problem with the licensed material cannot be resolved by TimePilot Corporation’s Limited Warranty above, TimePilot Corporation and its suppliers’ entire liability and your exclusive remedy shall be the remedy provided in the Time Clock Limited Warranty found on the TimePilot.com web site. This Limited Warranty is void if failure of the Licensed Material has resulted from accident, abuse, or misapplication. Any replacement Licensed Material will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by TimePilot Corporation are available without proof of purchase from an authorized source.

NO OTHER WARRANTIES: To the maximum extent permitted by applicable law, TimePilot Corporation and its suppliers disclaim all other warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement, with regard to the licensed material, and the provision of or failure to provide support services. This limited warranty gives you specific legal rights. You may have others, which vary from state/jurisdiction to state/jurisdiction.

LIMITATION OF LIABILITY: To the maximum extent permitted by applicable law, in no event shall TimePilot Corporation or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the licensed material or the provision of or failure to provide support services, even if TimePilot Corporation has been advised of the possibility of such damages. In any case, TimePilot Corporation’s entire liability under any provision of this agreement shall be limited to the greater of the amount actually paid by you for the licensed material or U.S. $5.00; provided, however, if you have entered into a TimePilot Corporation support services agreement, TimePilot Corporation’s entire liability regarding support services shall be governed by the terms of that agreement. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.

MISCELLANEOUS: This Agreement is governed by the laws of the State of Illinois. Should you have any questions concerning this Agreement, please contact TimePilot Corporation.