END USER LICENSE AGREEMENT WHITEBOARD ENTERPRISE LINUX PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE USING THIS SOFTWARE. BY USING THIS SOFTWARE, YOU SIGNIFY YOUR ACCEPTANCE OF THIS END USER LICENSE AGREEMENT AND ACKNOWLEDGE YOU HAVE READ AND UNDERSTAND THE TERMS. AN INDIVIDUAL ACTING ON BEHALF OF AN ENTITY REPRESENTS THAT HE OR SHE HAS THE AUTHORITY TO ENTER INTO THIS END USER LICENSE AGREEMENT ON BEHALF OF THAT ENTITY. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, THEN YOU MUST NOT USE THE SOFTWARE. This end user license agreement ("EULA") governs the use of any of the versions of Whiteboard Enterprise Linux and any related updates, source code, appearance, structure and organization (the "Program"), regardless of the delivery mechanism. 1. License Grant. Subject to the following terms, Weberz Hosting ("Weberz") grants you a perpetual, non-exclusive, worldwide license to the Program under the GNU General Public License ("GPL"). A copy of the GPL license can be located online at http://www.gnu.org/licenses/gpl.html or in the document named "GPL" included in the Program. The Program includes multiple software components. The license for each component can be found in the component's source code and permits you to run, copy, modify and redistribute the software component (subject to certain conditions in specific cases), in both source and binary form. Please refer to the specific license file for each component for more details. This EULA pertains solely to the Program as a collection of these software components and the specific components originating from Weberz as part of the Program. This EULA does not limit your rights, or grant rights that supersede, the license terms of any particular software component. 2. Intellectual Property Rights. The program and each of the software components mentions in Section 1 are owned by Weberz or the respective software component's licensor under copyright law and under other laws as applicable. Title to the Program and software components shall remain with Weberz, or the software component's licensor, subject to the applicable license. This EULA does not permit you to redistribute the Program or the software components using registered trademarks unless otherwise permitted by the applicable license. You may redistribute the Program in whole or in part providing you remove all registered trademarks that are not permitted for redistribution, and follow all other applicable redistribution guidelines, by the components applicable license. 3. Warranty. There is no warranty for the Program, or its software components, to the extent permitted by applicable law, except when otherwise stated in writing by the copyright holder of a specific component. In the event that a warranty is provided in writing by a copyright holder, that warranty shall be provided by that copyright holder only and shall not apply to Weberz, its affiliates, parent companies, sub contractors or authorized distributors. The Program is provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the Program and its software components is with you. Should the Program, or any software components contained within, prove defective; you assume all cost of all necessary services, repair or correction. 4. Limitation of Liability. In no event unless required by applicable law or agreed to in writing will any copyright holder, or any other party including Weberz, be liable to you for damages including general, special, incidental or consequential damages arising out of the use or inability to use the Program or its software components. This includes but is not limited to loss of data, or data being rendered inaccurate or losses sustained by you or third parties or a failure of the program to operate properly, or failure of the program to operate with other programs, even if such holder or other party has been advised of the possibility of such damages. In no event shall Weberz, its parent companies, officers and employees, affiliates, agents, sub contractors or authorized distributors liability or the liability of the licensor of a software component provided to you under this EULA exceed the sum of ZERO United States Dollars. By using this software you are assuming all liabilities on behalf of yourself or your agency. 5. Interpretation. If any statement or portion of this Agreement shall be deemed unenforceable or invalid under applicable law, by a court or other such authority, then such provision shall be severed from the Agreement. All other provisions shall continue to remain valid and enforceable. Any provision held to be valid and enforceable by a court, if such provision was limited, then that provision shall be deemed to be valid and enforceable as written or construed with those limitations effective. If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to the terms of this agreement, reviewing courts shall apply local law that most closely approximates an absolute waiver of all liability in connection with the Program and its software components. 6. Choice of Venue. The negotiation, execution, performance, termination, interpretation and construction of this EULA shall be governed by the State and Federal laws applicable in the State of Oregon, United States of America. Any lawsuit, claim, controversy or dispute arising under or related to this EULA shall be filed in a state or Federal court located in Portland, Oregon. All parties expressly submit to the exclusive jurisdiction of those courts and consent to venue of those courts. Copyright 2010 Weberz Hosting. All Rights Reserved. "Linux" is a registered trademark of Linux Torvalds. All other trademarks are property of their respective owners.