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I Agree to the terms of agreement below  Screen Shot Electronic Consultants SOFTWARE LICENSE AGREEMENT This Agreement is between Electronic Consultants Incorporated ("Electronic Consultants") and you, your principals, officers, directors, employees, agents and/or successors ("You"), and sets forth the terms and conditions governing Your access to and use of the Electronic Consultants software, including, without limitation, the license key(s), software and documentation, and information, services, products, features and materials included therewith (collectively, "Software"), which You obtained directly from Electronic Consultants or from an Electronic Consultants-authorized reseller ("Reseller"). Among other things, this Agreement describes Your responsibilities and limits Electronic Consultants's liabilities. Please read it carefully before accepting. BY PRESSING THE "I ACCEPT" BUTTON AND/OR DOWNLOADING, COPYING OR USING THE SOFTWARE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON. If you have any questions about these terms and conditions, please contact Electronic Consultants at support@Electronic-Consultants.com, 1-734-454-9117, or, if you received the Electronic Consultants Software from Reseller, please contact Reseller. As a convenience to You, Electronic Consultants or Reseller also makes available with the Software distribution, certain third-party software products ("Third Party Software"), and Your use of each included Third Party Software is subject to separate licensing agreements that are either included with such Software or the Software documentation, or otherwise made available by Electronic Consultants or Reseller. Such Third Party Software may include open source packages which are subject to the terms of the GNU General Public License and are more specifically identified in the documentation for the Software. For more on the GNU General Public License see http://www.gnu.org/copyleft/gpl.txt. By acknowledging Your acceptance of the terms of this Agreement, You agree that You have had the opportunity to review these third party licenses and agree to comply with them. In the event of a conflict between a term of this Agreement and a term of a third party license, the terms of the third party license controls with respect to the applicable Third Party Software only. 1. Use of Software; License. Subject to all the terms and conditions of this Agreement, Electronic Consultants grants to You a non-exclusive, non-transferable, limited license to create and use a single instance of the Product(s) solely for purposes of (a) providing services that make available, display, run, access or otherwise interact with the functionality of the Software ("Hosted Services"); (b) allowing Your authorized customers ("Customers") and Customers’ authorized internal users, either directly or through Your resellers, to have remote access to the Software through the Internet solely for the purpose of receiving the Hosted Services; and (c) Your internally use of the Product(s) for Your support of the Hosted Services. You agree that Your resellers, Customers and Users will be bound by agreements containing terms no less restrictive or protective of Electronic Consultants’s and its licensors’ rights than those set forth in this Agreement. You may make one archival copy of the Software, and You agree that You will not otherwise copy, reproduce, create or use more than one instance of the Software. You also agree that You will not distribute or transfer the Software to any third party, nor will You modify, translate, or create derivative works of the Software or any portion thereof for any purpose whatsoever. Except to the extent that the following restriction is prohibited by applicable law, if any, despite this restriction, You shall not disassemble, reverse compile, reverse engineer or otherwise attempt to reconstruct any software source code or other components of the Software, or otherwise attempt to discover any underlying Proprietary Information (as that term is defined below). 2. Ownership. Except as expressly licensed in Section 1 above, as between the parties, Electronic Consultants owns all right, title and interest in and to the Software and Proprietary Information. Ownership of included third-party products remains with their respective holders. 3. Remote Access; Uploads. Electronic Consultants expressly reserves the right to monitor Your usage of the Software for compliance with the terms and conditions of this Agreement. You agree to provide Electronic Consultants or its representative with access reasonably necessary to monitor Your compliance with this Agreement. In addition, You acknowledge and agree that Electronic Consultants will be entitled to receive reports, data and any other information related to the Software used by You pursuant to this Agreement, through uploads to Electronic Consultants by means of the Software. The parties agree to work together to facilitate such uploads. If such uploads are not available for any reason, then You agree to use commercially reasonable efforts to provide the data and information included in such uploads to Electronic Consultants, in the form, format and frequency as mutually agreed. 4. Confidentiality. You acknowledge that, in the course of using the Software, you may obtain or develop information relating to the Software and/or to Electronic Consultants ("Proprietary Information"), including, but not limited to, technology, software code, know-how, ideas, testing procedures, structure, interfaces, documentation, problem reports, analysis and performance information, and other technical, business, product, marketing and financial information, plans and data. During and after the term of this Agreement, you shall hold in confidence and protect, and shall not use (except as expressly authorized by this Agreement) or disclose, Proprietary Information, unless such Proprietary Information becomes part of the public domain without breach of this Agreement by You. You acknowledge and agree that due to the unique nature of Electronic Consultants's Proprietary Information, there can be no adequate remedy at law for any breach of Your obligations hereunder, that any such breach may allow You or third parties to unfairly compete with Electronic Consultants resulting in irreparable harm to Electronic Consultants, and therefore, that upon any such breach or threat thereof, Electronic Consultants shall be entitled to injunctions and other appropriate equitable relief in addition to whatever remedies it may have at law. 5. Training and Support. If You purchased the Software directly from Electronic Consultants, You may be eligible for the applicable training and support options associated with the specific Software product available at the date of purchase for the product You purchased. Electronic Consultants shall have no other obligation under this Agreement to provide any training or support or to correct any bugs, defects or errors or to otherwise support, develop or maintain the Software or any included thirdparty products, and Electronic Consultants will have no obligation to provide support directly to You if You obtained the Software from Reseller. You must contact Reseller for any support. Electronic Consultants will not provide technical support for any unauthorized software installations, client enhancements, server-side upgrades, or third-party software installations or upgrades not included with this distribution. You acknowledge and agree that any modifications of or upgrades to the software included with this distribution may jeopardize the performance and reliability of the Software. 6. Encryption Software. You agree to comply with all applicable laws, rules and regulations, including applicable export laws, with respect to the Software. You understand and acknowledge that the Software and certain included third-party applications contain certain encryption software (the "Encryption Software") which is a U.S. product with cryptographic functionalities which are subject to U.S. export controls under the Export Administration Regulations. You understand and acknowledge that the Encryption Software may only be exported and re-exported with a license in accordance with U.S. export control laws and regulations. Without limiting the foregoing, you understand and acknowledge that the Encryption Software (1) shall not be delivered without a license to Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan or Syria, or to any other country which may become subject to such restrictions in the future; and (2) shall not be delivered without a license to any entity which has been declared ineligible to receive U.S. exports or to any entity which engages in the development, production, or stockpiling of missiles or nuclear, chemical, or biological weapons. 7. United States Government Rights. If You are the U.S. Government or if You are a contractor or subcontractor (at any tier) of the U.S. Government and are licensing the Software for use by the U.S. Government or in connection with any contract or other transaction with the U.S. Government, You acknowledge that by accepting delivery of the Software, the Government agrees that the Software qualifies as commercial computer software and that the Documentation qualifies as commercial computer software documentation within the meaning of the acquisition regulations and contract clauses applicable to this procurement. The terms and conditions of this Agreement are fully applicable to the Government's use and disclosure of the Software, and shall supersede any conflicting terms or conditions. No license of any kind is granted in the case of acquisitions which contain or are subject to the clauses FAR 52-227.19 COMMERCIAL COMPUTER SOFTWARE-RESTRICTED RIGHTS (JUNE 1987) or DFARS 252.227-7013 RIGHTS IN TECHNICAL DATA AND COMPUTER SOFTWARE (OCT 1988) or any other clause which purports to grant to the Government rights greater than, or additional to those, set forth in this Agreement, or which purports to impose additional requirements upon Electronic Consultants to make this Agreement effective, unless Electronic Consultants specifically so consents by separate written agreement. Failing such agreement, and if this Agreement fails to meet the Government's stated needs or is inconsistent in any respect with federal law, the Government agrees to return the Software and Documentation, unused, to Electronic Consultants or, if applicable, Reseller. The Licensor/Manufacturer is Electronic Consultants Corporation at 37805 Woodridge Ste 204 Westalnd, MI 48185. 8. Limited Warranty to Direct Electronic Consultants Customers Only. If You purchased a new or upgraded (subsequent) version of the Software directly from Electronic Consultants, Electronic Consultants warrants and represents that the Software as delivered by Electronic Consultants to You will substantially perform in accordance with its applicable documentation for the period specified at the time of Your purchase of the Software from Electronic Consultants. If no warranty period is specified at the time of Your purchase of the Software, then no warranty is available to you. Notwithstanding the foregoing, Electronic Consultants makes no warranties with respect to any GPL Software or other Third Party Software embedded in the Program and/or furnished to You. 9. Limited Remedies. In the event of a breach of Electronic Consultants's warranty under the preceding paragraph, Electronic Consultants will, at its discretion, repair and/or make available replacement Software. The foregoing remedies are Your exclusive remedies for a breach of warranty hereunder. Electronic Consultants will not have any liability under this warranty if the alleged defect is due to causes not within Electronic Consultants's reasonable control, including but not limited to any defect caused by any negligent act or omission by anyone other than Electronic Consultants, any defect caused by use of the Software in an operating environment not specified by the applicable documentation or otherwise not in accordance with this Agreement, or any defect caused by alteration or abuse of media on which the Software is stored, failure to follow Electronic Consultants's instructions for installation, operation or maintenance, power failure or surges, fire, flood or the like. 10. Disclaimer of Warranties. OTHER THAN THE LIMITED WARRANTY TO DIRECT Electronic Consultants CUSTOMERS SET FORTH ABOVE, THE SOFTWARE AND ANY SERVICES PROVIDED BY Electronic Consultants UNDER THIS AGREEMENT ARE PROVIDED "AS IS", "WITH ALL FAULTS" AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TO THE MAXIMUM EXTENT PERMITTED BY LAW. No oral or written information or advice given by Electronic Consultants, its licensors or suppliers, resellers, agents or employees will create a warranty. Electronic Consultants AND ITS LICENSORS AND SUPPLIERS DO NOT WARRANT THAT THE FUNCTIONS IN THE SOFTWARE PROVIDED BY Electronic Consultants MEET THE REQUIREMENTS OF RESELLER OR THAT OPERATION OF SUCH SOFTWARE WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED AND HEREBY DISCLAIM ALL LIABILITY ON ACCOUNT THEREOF. If You obtained the Software from Reseller, You may have certain warranties provided by the Reseller, and You agree to look solely to Reseller with respect to any such warranties. 11. Limitation of Remedies and Damages. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Electronic Consultants SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY (A) LOSS OR INACCURACY OF DATA, (B) DAMAGE TO SOFTWARE OR EQUIPMENT, (C) INABILITY TO DELIVER GOODS, SERVICES OR TECHNOLOGY, (D) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (E) INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES, DATA OR PROFITS, OR (F) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL. IN NO EVENT WILL Electronic Consultants'S TOTAL LIABILITY TO YOU UNDER THIS AGREEMENT, IN THE AGGREGATE, EXCEED THE LICENSE FEE YOU PAID TO Electronic Consultants PURSUANT TO THIS AGREEMENT. If you obtained the Software from Reseller, YOU AGREE THAT YOU SHALL LOOK SOLELY TO RESELLER FOR RECOURSE, AND Electronic Consultants SHALL HAVE NO LIABILITY TO YOU WHATSOEVER. 12. Term and Termination. If You have received an Evaluation version of the Software, this Agreement will remain in effect for a period of 30 days and will then automatically terminate as provided herein. If you have purchased the Software under any right of return provision such as a 30-day right of return, money-back guarantee, or any other similar type of provision, this Agreement will immediately terminate upon Your exercise of such right of return or similar provision. If You have received or subsequently acquire a standard version of the Software, this Agreement shall remain in effect until either of the parties terminates the Agreement as provided herein. This Agreement may be terminated by You for any reason or no reason upon written notice to Electronic Consultants. This Agreement may be terminated by Electronic Consultants, with or without notice, immediately upon Your breach of any provision of this Agreement. Notice can be delivered by any means, including electronic mail. Upon termination or expiration, the terms of this Agreement will remain in full force and effect, except the license granted in Section 1 shall terminate and You will immediately cease all use of the Software and destroy all copies or portions of the Software and Proprietary Information in Your possession or control. 13. No Assignment. Neither the rights nor the obligations arising under this Agreement are assignable or transferable by You without Electronic Consultants's express written consent, and any such attempted assignment or transfer shall be void and without effect. 14. Controlling Law; Severability. This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan, U.S.A., without regard to conflicts of laws provisions thereof. You agree to submit to the exclusive jurisdiction and venue of the federal and state courts located in the State of Michigan and County of Wayne. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision shall, if possible, be limited to the minimum extent necessary to make it enforceable or otherwise severed, and this Agreement shall otherwise remain in full force and effect and enforceable. 15. Entire Agreement; Amendment; Waiver. This Agreement constitutes the final, complete and exclusive terms between You and Electronic Consultants pertaining to the Software, and supercedes any oral or written agreements heretofore existing between the parties relating to such subject matter, except that this Agreement does not supercede any written agreement that has been signed by a Vice President (or higher officer) of Electronic Consultants and by You relating to the Software and that is in effect as of the date of this Agreement (the "Formal Agreement"). If any term of this Agreement conflicts with any term of the Formal Agreement, the term of the Formal Agreement controls. No waiver or modification of this Agreement will be binding upon either party unless made in a writing signed by both parties and no failure or delay in enforcing any right will be deemed a waiver. SOFTWARE LICENSE AGREEMENT This Agreement is between Electronic Consultants Incorporated ("Electronic Consultants") and you, your principals, officers, directors, employees, agents and/or successors ("You") and, and sets forth the terms and conditions governing Your access to and use of the Electronic Consultants Firewall Manager computer programs including, without limitation, the Firewall Manager license key(s), software and documentation, and information, services, products, features and materials included therewith (collectively, "Firewall Manager Software"), which You obtained directly from Electronic Consultants or from an Electronic Consultants-authorized reseller ("Reseller"). Among other things, this Agreement describes your responsibilities and limits Electronic Consultants's liabilities. Please read it carefully before accepting. BY PRESSING THE "I ACCEPT" BUTTON AND/OR DOWNLOADING, COPYING OR USING THE SOFTWARE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT. If you have any questions about these terms and conditions, please contact Electronic Consultants at support@Electronic-Consultants.com, 1-734-454-9117 or, if you received the Firewall Manager Software from Reseller, please contact Reseller. As a convenience to You, Electronic Consultants or Reseller also makes available with the Firewall Manager Software distribution, certain third-party software products ("Third Party Software"), and Your use of each included Third Party Software is subject to separate licensing agreements that are either included with such Software or the Firewall Manager Software documentation, or otherwise made available by Electronic Consultants or Reseller. Such Third Party Software includes certain open source packages such as Apache, mySQL, Sendmail and Bind, which are subject to the terms of the GNU General Public License and are more specifically identified in the documentation for the Firewall Manager Software. By acknowledging your acceptance of the terms of this Agreement, You agree that You have had the opportunity to review these third party licenses and agree to comply with them. In the event of a conflict between a term of this Agreement and a term of a third party license, the terms of the third party license controls with respect to the applicable Third Party Software only. 1. Use of Firewall Manager Software; License. Subject to all the terms and conditions of this Agreement, Electronic Consultants grants to You a personal, royalty-free, nonsublicensable, nontransferable, nonexclusive license to use the Firewall Manager Software on a single network server during the term of this Agreement. You may make one archival copy of Firewall Manager Software, and You agree that You will not otherwise copy or reproduce, distribute, or modify the Firewall Manager Software or any portion thereof. Except to the extent that the following restriction is prohibited by applicable law, if any, despite this restriction, You shall not disassemble, reverse compile, reverse engineer or otherwise attempt to reconstruct any software source code or other components of the Firewall Manager Software, or otherwise attempt to discover any underlying Proprietary Information (as that term is defined below). 2. Ownership. Except as expressly licensed in Section 1 above, as between the parties, Electronic Consultants owns all right, title and interest in and to the Firewall Manager Software and Proprietary Information. Ownership of included third-party products remains with their respective holders. 3. Remote Access; Uploads. Electronic Consultants expressly reserves the right to monitor Your usage of Firewall Manager for compliance with the terms and conditions of this Agreement, or, if Electronic Consultants agrees to do so (and subject to your payment of applicable fees to Electronic Consultants), to provide support. You agree to provide Electronic Consultants or its representative with access reasonably necessary to do so and to cooperate with Electronic Consultants or its representative with such access and monitoring. In addition, You acknowledge and agree that Electronic Consultants or Reseller will be entitled to receive reports, data and any other information related to the Firewall Manager Software used by You pursuant to this Agreement, through uploads to Electronic Consultants or Reseller by means of the Firewall Manager Software. The parties agree to work together to facilitate such uploads. If such uploads are not available for any reason, then You agree to use commercially reasonable efforts to provide the data and information included in such uploads to Electronic Consultants, in the form, format and frequency as mutually agreed. 4. Confidentiality. You acknowledge that, in the course of using Firewall Manager, you may obtain or develop information relating to Firewall Manager and/or to Electronic Consultants ("Proprietary Information"), including, but not limited to, technology, software code, know-how, ideas, testing procedures, structure, interfaces, documentation, problem reports, analysis and performance information, and other technical, business, product, marketing and financial information, plans and data. During and after the term of this Agreement, you shall hold in confidence and protect, and shall not use (except as expressly authorized by this Agreement) or disclose, Proprietary Information, unless such Proprietary Information becomes part of the public domain without breach of this Agreement by You. You acknowledge and agree that due to the unique nature of Electronic Consultants's Proprietary Information, there can be no adequate remedy at law for any breach of your obligations hereunder, that any such breach may allow You or third parties to unfairly compete with Electronic Consultants resulting in irreparable harm to Electronic Consultants, and therefore, that upon any such breach or threat thereof, Electronic Consultants shall be entitled to injunctions and other appropriate equitable relief in addition to whatever remedies it may have at law. 5. Training and Support. If You obtained the Firewall Manager Software directly from Electronic Consultants, then for a period of 30 days from the date of the execution of this Agreement, Electronic Consultants will provide Firewall Manager support services via electronic means free of charge as described at Electronic Consultants's Web Site. Electronic Consultants shall have no other obligation under this Agreement to provide any training or support or to correct any bugs, defects or errors or to otherwise support, develop or maintain the Firewall Manager Software or any included third-party products, and Electronic Consultants will have no obligation to provide support directly to You if You obtained the Firewall Manager Software from Reseller. You must contact Reseller for any support. Electronic Consultants will not provide technical support for any unauthorized software installations, client enhancements, server-side upgrades, or third-party software installations or upgrades not included with this distribution. You acknowledge and agree that any modifications of or upgrades to the software included with this distribution may jeopardize the performance and reliability of the Firewall Manager Software. 6. Encryption Software. You agree to comply with all applicable laws, rules and regulations, including applicable export laws, with respect to the Firewall Manager Software. You understand and acknowledge that Firewall Manager and certain included third-party applications contain certain encryption software (the "Encryption Software") which is a U.S. product with cryptographic functionalities which are subject to U.S. export controls under the Export Administration Regulations. You understand and acknowledge that the Encryption Software may only be exported and re-exported with a license in accordance with U.S. export control laws and regulations. Without limiting the foregoing, you understand and acknowledge that the Encryption Software (1) shall not be delivered without a license to Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan or Syria, or to any other country which may become subject to such restrictions in the future; and (2) shall not be delivered without a license to any entity which has been declared ineligible to receive U.S. exports or to any entity which engages in the development, production, or stockpiling of missiles or nuclear, chemical, or biological weapons. 7. United States Government Rights. If You are the U.S. Government or if You are a contractor or subcontractor (at any tier) of the U.S. Government and are licensing the Firewall Manager Software for use by the U.S. Government or in connection with any contract or other transaction with the U.S. Government, You acknowledge that by accepting delivery of the Software, the Government agrees that the Software qualifies as commercial computer software and that the Documentation qualifies as commercial computer software documentation within the meaning of the acquisition regulations and contract clauses applicable to this procurement. The terms and conditions of this Agreement are fully applicable to the Government's use and disclosure of the Firewall Manager Software, and shall supersede any conflicting terms or conditions. No license of any kind is granted in the case of acquisitions which contain or are subject to the clauses FAR 52-227.19 COMMERCIAL COMPUTER SOFTWARE-RESTRICTED RIGHTS (JUNE 1987) or DFARS 252.227-7013 RIGHTS IN TECHNICAL DATA AND COMPUTER SOFTWARE (OCT 1988) or any other clause which purports to grant to the Government rights greater than, or additional to those, set forth in this Agreement, or which purports to impose additional requirements upon Electronic Consultants to make this Agreement effective, unless Electronic Consultants specifically so consents by separate written agreement. Failing such agreement, and if this Agreement fails to meet the Government's stated needs or is inconsistent in any respect with federal law, the Government agrees to return the Software and Documentation, unused, to Electronic Consultants or, if applicable, Reseller. The Licensor/Manufacturer is Electronic Consultants Corporation at 37805 Woodridge Ste 204 Westland, MI 48185. 8. Limited Warranty to Direct Electronic Consultants Customers Only. If You obtained the Firewall Manager Software directly from Electronic Consultants, Electronic Consultants warrants and represents that the Firewall Manager Software as delivered by Electronic Consultants to You will substantially perform in accordance with its applicable documentation for a period of 30 days after Your download of the Firewall Manager Software from Electronic Consultants. Notwithstanding the foregoing, Electronic Consultants makes no warranties with respect to any GPL Software or other Third Party Software embedded in the Program and/or furnished to You. 9. Limited Remedies. In the event of a breach of Electronic Consultants's warranty under the preceding paragraph, Electronic Consultants will, at its discretion, repair and/or make available replacement Firewall Manager Software. The foregoing remedies are Your exclusive remedies for a breach of warranty hereunder. Electronic Consultants will not have any liability under this warranty if the alleged defect is due to causes not within Electronic Consultants's reasonable control, including but not limited to any defect caused by any negligent act or omission by anyone other than Electronic Consultants, any defect caused by use of the Firewall Manager Software in an operating environment not specified by the applicable documentation or otherwise not in accordance with this Agreement, or any defect caused by alteration or abuse of media or which the Firewall Manager Software is stored, failure to follow Electronic Consultants's instructions for installation, operation or maintenance, power failure or surges, fire, flood or the like. 10. Disclaimer of Warranties. OTHER THAN THE LIMITED WARRANTY TO DIRECT ELECTRONIC CONSULTANTS CUSTOMERS SET FORTH ABOVE, THE SOFTWARE AND ANY SERVICES PROVIDED BY Electronic Consultants UNDER THIS AGREEMENT ARE PROVIDED "AS IS", "WITH ALL FAULTS" AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TO THE MAXIMUM EXTENT PERMITTED BY LAW. No oral or written information or advice given by Electronic Consultants, its licensors or suppliers, resellers, agents or employees will create a warranty. ELECTRONIC CONSULTANTS AND ITS LICENSORS AND SUPPLIERS DO NOT WARRANT THAT THE FUNCTIONS IN THE FIREWALL MANAGER SOFTWARE PROVIDED BY ELECTRONIC CONSULTANTS MEET THE REQUIREMENTS OF RESELLER OR ANY RESELLER OR THAT OPERATION OF SUCH SOFTWARE WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED AND HEREBY DISCLAIM ALL LIABILITY ON ACCOUNT THEREOF. If You obtained the Firewall Manager Software from Reseller, You may have certain warranties provided by the Reseller, and You agree to look solely to Reseller with respect to any such warranties. 11. Limitation of Remedies and Damages. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ELECTRONIC CONSULTANTS SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY (A) LOSS OR INACCURACY OF DATA, (B) DAMAGE TO SOFTWARE OR EQUIPMENT, (C) INABILITY TO DELIVER GOODS, SERVICES OR TECHNOLOGY, (D) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (E) INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES, DATA OR PROFITS, OR (F) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL. IN NO EVENT WILL ELECTRONIC CONSULTANTS'S TOTAL LIABILITY TO YOU UNDER THIS AGREEMENT, IN THE AGGREGATE, EXCEED THE LICENSE FEE YOU PAID TO ELECTRONIC CONSULTANTS PURSUANT TO THIS AGREEMENT. If you obtained the Firewall Manager Software from Reseller, YOU AGREE THAT YOU SHALL LOOK SOLELY TO RESELLER FOR RECOURSE, AND ELECTRONIC CONSULTANTS SHALL HAVE NO LIABILITY TO YOU WHATSOEVER. 12. Term and Termination. If You have received an Evaluation version of Firewall Manager, this Agreement will remain in effect for a period of 30 days and will then automatically expire as provided herein. If You have received or subsequently acquire a standard version of Firewall Manager, this Agreement shall remain in effect until either of the parties terminates the Agreement as provided herein. This Agreement may be terminated by You for any reason or no reason upon written notice to Electronic Consultants. This Agreement may be terminated by Electronic Consultants, with or without notice, immediately upon Your breach of any provision of this Agreement. Notice can be delivered by any means, including electronic mail. Upon termination or expiration, the terms of this Agreement will remain in full force and effect, except the license granted in Section 1 shall terminate and You will immediately cease all use of Firewall Manager and destroy all copies or portions of Firewall Manager and Proprietary Information in your possession or control. 11. No Assignment. Neither the rights nor the obligations arising under this Agreement are assignable or transferable by You without Electronic Consultants's express written consent, and any such attempted assignment or transfer shall be void and without effect. 12. Controlling Law; Severability. This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan, U.S.A., without regard to conflicts of laws provisions thereof. You agree to submit to the exclusive jurisdiction and venue of the federal and state courts located in the State of Michigan and County of Wayne. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. 13. Entire Agreement; Amendment; Waiver. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supercedes any and all written or oral agreements heretofore existing between the parties. No waiver or modification of this Agreement will be binding upon either party unless made in a writing signed by both parties and no failure or delay in enforcing any right will be deemed a waiver.