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USER LICENSE AGREEMENT FOR HUMMINGBIRD'S SOCKS V5 IMPLEMENTATION

IMPORTANT: READ CAREFULLY BEFORE ATTEMPTING TO DOWNLOAD THE SOFTWARE . This License Agreement is a legal agreement between you (either an individual or a single entity) and Hummingbird, for the Hummingbird software product identified above which includes computer software and associated printed materials (if any), and may include on-line or electronic documentation (collectively, the "SOFTWARE"). By downloading, installing, copying, or otherwise using the SOFTWARE , you agree to be bound by the terms of this License Agreement. If you do not agree to the terms of this License Agreement, signify by choosing "DISAGREE" below, and you will be returned to the Hummingbird Homepage and the software will not be downloaded.

  1. GRANT OF LICENSE. Hummingbird. ("HCL") grants you a non-exclusive license to use the SOFTWARE, provided you agree to the following:
  2. USE AND COPY. HCL grants to you the right to download and make unlimited copies of the SOFTWARE for use on all computers, and give copies to other persons or entities.
  3. RESTRICTIONS ON USE. You may not, sublicense, rent, or grant your rights in the SOFTWARE, or in the License Agreement, to others. You may not modify, disassemble, reverse assemble, or create derivative works based on the SOFTWARE.
  4. TERMINATION. You may terminate this License Agreement at any time. HCL reserves the right to terminate this License Agreement upon breach of these terms and conditions. In the event of termination, you must destroy all copies of the SOFTWARE.
  5. NO WARRANTY. THE SOFTWARE IS BEING DELIVERED TO YOU AS IS AND ANY USE OF THE SOFTWARE IS AT YOUR OWN RISK. HCL DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR IS COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HCL DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE.
  6. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall HCL be liable for any lost revenues or profits, loss of data or other special, indirect, incidental or consequential damages, even if HCL has been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitations of liability for consequential or incidental damages, the above limitation may not apply to you.
  7. JURISDICTION. This License is governed by the Laws of the Province of Ontario, or by the Laws of the country in which the product was acquired.
  8. RESTRICTED RIGHTS. The SOFTWARE is provided with restricted rights. Use, duplications 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, subparagraphs (c) (1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable, similar clauses in the FAR and NASA FAR Supplement, any successor or similar regulation.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND HUMMINGBIRD AND SUPERSEDE ANY EARLIER PROPOSAL OR PRIOR ARRANGEMENT, WHETHER ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATIVE TO THE SUBJECT MATTER OF THIS AGREEMENT