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Custom Script License Agreement

The following terms represent a legal agreement (the "Agreement") between you the end user and Serengeti Systems Incorporated (the "Company") which governs the use of the provided custom script (the "Script"). For purposes of this Agreement, the Script shall include all files provided, all updates to these files, and all related documentation that may be included.

  1. LICENSE. The Company grants you a non-exclusive License to (a) use the Script, (b) make copies of the Script as necessary, and (c) modify the Script as needed.

  2. RIGHTS. The Company or its suppliers retain all rights to the Script and have the authority to enter into this Agreement and to grant you permission to use the Script.

  3. LABELING. You shall not remove any copyright notices or other proprietary legends that may be contained within the Script. You shall not reproduce or include any of the Company's trademarks or tradenames without the Company's specific prior written consent.

  4. TERM. The License is effective until terminated in accordance with this Agreement. If you breach any of the terms of this Agreement the License is terminated immediately. You may Terminate your License at any time by discontinuing use of the Script and destroying or returning to the Company all copies of the Script.

  5. HIGH RISK USAGE. The Script is not guaranteed to be fault-tolerant and is not designed, manufactured or intended for use or resale as online control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Script could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Usage"). Serengeti Systems Incorporated specifically disclaims any express or implied warranty of fitness for High Risk Usage.

  6. LIMITED WARRANTY. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS ASSUMED BY YOU. YOU ARE RESPONSIBLE FOR THE SELECTION AND USE OF THE SCRIPT TO ACHIEVE YOUR INTENDED RESULTS. THE COMPANY WARRANTS ONLY THE MEDIA (IF ANY) ON WHICH THE SCRIPT IS DISTRIBUTED WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE AND SERVICE FOR A PERIOD OF THIRTY (30) DAYS FROM DATE OF RECEIPT. ANY IMPLIED WARRANTIES ON THE PROGRAM ARE LIMITED TO THIRTY (30) DAYS.

  7. CUSTOMER REMEDIES. THE COMPANY'S AND/OR ITS SUPPLIERS' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE, AT THE COMPANY'S OPTION, EITHER (A) RETURN THE PRICE PAID, OR (B) REPAIR OR REPLACEMENT OF THE PROGRAM THAT DOES NOT MEET THE COMPANY'S LIMITED WARRANTY AND WHICH IS RETURNED TO THE COMPANY WITH A COPY OF YOUR RECEIPT. THIS LIMITED WARRANTY IS VOID IF FAILURE OF THE PROGRAM HAS RESULTED FROM ACCIDENT, ABUSE, OR MISAPPLICATION.

  8. NO OTHER WARRANTIES. THE COMPANY AND/OR ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SCRIPT.

  9. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO 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 SCRIPT, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

This Agreement gives you specific legal rights. You may also have other rights which vary from state to state.

This Agreement is governed by the laws of the State of Texas. The export of Robo-FTP is governed by the U.S. Department of Commerce under the export administration regulations. It is your responsibility to comply with all such regulations.

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