END-USER LICENSE AGREEMENT FOR QLOGIN SOFTWARE PLEASE READ THIS DOCUMENT CAREFULLY. BY INSTALLING THE SOFTWARE, YOU ARE AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT, PLEASE DO NOT INSTALL THE SOFTWARE. This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and D2S TECHNOLOGIES, LLC (also known as D2STECH) This EULA states the terms and conditions upon which D2STECH offers to license the Software defined below together with all related documentation and accompanying items including, but not limited to, the executable programs, drivers, libraries and data files associated with such programs, collectively known as the "Software". D2STECH, reserves itself the right to modify this EULA at any time and without notice. This EULA shall be governed by the laws of the State of Washington. Any action or proceeding brought by either party against the other arising out of or related to this EULA shall be brought only in a state or federal court of competent jurisdiction located in King County, Washington. The parties hereby consent to the personal jurisdiction of such courts. Definitions "Software" and "Program" and "Product" shall be taken as referring to any version of QLOGIN program files and to any and all copies, updates, modifications, functionally-equivalent derivatives, or any parts or portions thereof. "You" or "User" or "End-User" shall be taken as referring to the individual using the Software. "Entity" shall be taken as referring to the organization or group associated with or employing the User, and for which the User is utilizing the Program. The Entity shall also be bound by the terms and conditions of this EULA as agreed to by the User. "QLOGIN Version" or "Version" shall be taken as referring to the major and minor version numbers associated with a new QLOGIN release provided at additional cost to User. "Legacy QLOGIN Version" shall be taken as referring to all major and minor Versions that are lower in number than the currently distributed QLOGIN Version. Legacy Versions of QLOGIN to date are 1.0 - 1.5 (online version), 1.6 - 2.4 (Desktop/USB version) "Trial License Key" or "Password" shall be taken as referring to a series of alphanumeric characters provided to User by D2STECH to allow access to the QLOGIN application for a pre-determined period of 60 days. "Regular License Key" or "Password" shall be taken as referring to a series of alphanumeric characters provided to User by D2STECH to allow access to the QLOGIN application for unlimited use with no pre-determined time restrictions. "Replacement License Key" or "Password" shall be taken as referring to a series of alphanumeric characters provided to User by D2STECH to allow access to the QLOGIN application in the event of a lost Regular License Key, for unlimited use with no pre-determined time restrictions. "Registered User" shall be taken as referring to a User who has purchased Program and has been provided with an Activation Code in the form of a Regular License Key by D2STECH. "Technical Support" shall be taken as referring to the supplying by D2STECH to the User of information assisting with the User's use of Program, limited to EMAIL support assistance with installation and use of Program, distribution of maintenance updates to designed to fix recognized defects in Program, and distribution of Activation Codes required for use by Registered User. Copyright The Software and the accompanying documentation is protected by the copyright law of United States of America and by international treaty provisions. Disclaimers of Warranties D2STECH shall make reasonable effort to ensure that the QLOGIN SOFTWARE is free of any viruses and will function as described in any associated literature, however, THIS SOFTWARE IS PROVIDED "AS IS" AND WITH ALL FAULTS, 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 SOFTWARE IS WITH THE USER. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (NOT D2STECH) SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. D2STECH does not warrant that the functions contained in QLOGIN Software will meet your requirements or that the operation of this Software will be uninterrupted or error-free. D2STECH shall replace, at no charge, defective versions of application with a new version or service pack or patch that is intended to fix or replace the defects reported to or verified by D2STECH. D2STECH warrants that the Software will perform in substantial compliance with any accompanying documentation made available to you either online or with the application. If you report a significant discrepancy in writing to QLOGIN within 90 days of your purchase of the Software, and QLOGIN is unable to correct the discrepancy within 90 days, you have the right under this EULA to discontinue use of the Software by deleting any version of the application from one or more computers or external drives that you have installed the application, and QLOGIN shall refund your entire purchase price. Any discrepency reported has to be independently verified and certified by D2STECH as a defect or bug in the application to be eligible for such refund. Exclusion of Incidental, Consequential and Certain Other Damages IN NO EVENT WILL D2STECH BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SALES, INJURY TO PERSON OR PROPERTY OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS SOFTWARE EVEN IF QLOGIN SOFTWARE OR THEIR AUTHORIZED REPRESENTATIVE(S) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL D2STECH OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR ANY SUPPLIER, AND EVEN IF QLOGIN SOFTWARE OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Limitation of Liability and Remedies Notwithstanding any damages that USER may incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of QLOGIN Software and any of its suppliers under any provision of this EULA and User's exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you for the Product or U.S.$5.00. The foregoing limitations, exclusions and disclaimers (including Disclaimers of Warranties and Exclusion of Incidental, Consequential and Certain Other Damages above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. By continuing with this Software installation, you acknowledge that you have read this EULA, understand it, and agree to be bound by its terms and conditions. You further agree that this is the complete and exclusive statement of the agreement between us, which supersedes any proposal or prior agreement, oral or written, and any other communications between us relating to the subject matter of this agreement. Permission for QLOGIN Installation This EULA, when applied to QLOGIN Version 3.5, permits simultaneous activation of the license by the User of the Program on up to a maximum of 4 (four) devices (desktop, laptops, USB drives and or servers combined) as deemed necessary by the User. The User of the Program will need to purchase an additional license if the installation and activation of a purchased license exceeds the number of simultaneous licensed installations allowed (maximum 4 (four) allowed per purchased license). At no cost or obligation, QLOGIN shall provide the User with a Trial License Key. Trial installations of QLogin may be installed on any number of devices (desktop, laptops, USB drives and or servers) without any restrictions thereof apart from 60 day validity of the trial period. If the User purchases QLOGIN and becomes a Registered User, no reinstallation of Program is necessary; QLOGIN shall provide an activation code in the form of a Regular License Key that will remove all trial date restrictions from the Program installed by the Registered User on a single computer. Limitation of Technical Support for Legacy QLOGIN Versions This EULA, applied to all QLOGIN Versions separately and collectively, warranties that QLOGIN Software shall maintain limited availability of Technical Support for Legacy QLOGIN Versions. For purposes of Program maintenance and assistance with installation and use of Program, availability of said Technical Support shall be limited to a period of one year after termination of sales of Legacy QLOGIN Version by D2STECH. For purposes of re-issue of lost Regular License Key, availability of said Technical Support shall be limited to a period of two years after termination of new sales of Legacy QLOGIN Program by D2STECH.