END-USER LICENSE AGREEMENT FOR POWERALERT SOFTWARE IMPORTANT–READ CAREFULLY. This Trippe Manufacturing End-User License Agreement (“EULA”) is a legal AGREEMENT between you (either as a registered individual developer or as the registered developer/representative and on behalf of a single entity) and Trippe Manufacturing Co. (“COMPANY”) for the PowerAlert software product, which includes computer software and may include associated media, printed materials, and online or electronic documentation (“SOFTWARE PRODUCT”). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, then DO NOT install or use the SOFTWARE PRODUCT. You may, however, return it to your place of purchase for a full refund SOFTWARE PRODUCT LICENSE The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. 1) GRANT OF LICENSE. This EULA grants you, the registered computer software developer, the following rights: APPLICATION SOFTWARE. The SOFTWARE PRODUCT may be used only by you. You may install and use one copy of the SOFTWARE PRODUCT, or any prior version thereof for the same operating system, on a single computer. REDISTRIBUTABLE FILE(S). Notwithstanding the terms of this EULA to the contrary, certain of the executable files of the SOFTWARE PRODUCT may be redistributed by you to the extent required for the permitted operation of the applications software installation code created by you while using the SOFTWARE PRODUCT hereunder. The specific redistributable files are limited to those specifically identified as “Redistributables” in the media, printed materials, and online or electronic documentation accompanying the particular embodiment of the SOFTWARE PRODUCT. To determine whether a particular file(s) are redistributable, please contact: Trippe Manufacturing Co. 1111 W. 35th Street Chicago, IL 60609 (or by Tel: 773.869.1234, e-mail to: techsupport@tripplite.com). STORAGE/NETWORK USE. You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT on your other computers over an internal network; however, you must acquire and dedicate a distinct license for each developer using the SOFTWARE PRODUCT from the storage device. Any given license for the SOFTWARE PRODUCT may not be shared or used concurrently or otherwise on different computers or by different developers in a given organization. 2) DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT. Any attempt to do so is a violation of the rights of the Company. If you breach this restriction, you may be subject to prosecution and damages. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer. NOT FOR RESALE SOFTWARE. If the SOFTWARE PRODUCT is labeled “Not for Resale” or “NFR” or “Evaluation Copy”, then, notwithstanding other sections of this EULA, you may not sell, or otherwise transfer for value, the SOFTWARE PRODUCT. RENTAL. You may not rent, lease, or lend the SOFTWARE PRODUCT to any party. SOFTWARE TRANSFER. You may permanently transfer all of your rights under this EULA, provided you (a) retain no copies, (b) transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity), and (c) the recipient agrees to abide by all of the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT and all of your rights therein, if any. SUPPORT SERVICES. COMPANY may provide you with support services related to the SOFTWARE PRODUCT (“Support Services”). The provision and use of Support Services is governed by COMPANY policies and programs described in the SOFTWARE PRODUCT user manual and/or in online documentation. Any supplemental software code provided to you as part of the Support Services shall considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to COMPANY as part of the Support Services, COMPANY may use such information for its business purpose, including for product updates and development. COMPANY will use its best efforts to not utilize such technical information in a form that personally identifies you. TERMINATION. Without prejudice to any of COMPANY's other rights, COMPANY may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts; to this end you grant to COMPANY the right to, with or without notice, monitor your Internet accessible activities for the purpose of verifying SOFTWARE PRODUCT performance and/or your compliance with the terms hereof, including, but not limited to the remote monitoring and verification of your implementation, use and duplication of the SOFTWARE PRODUCT. 3) UPGRADES. If the SOFTWARE PRODUCT is labeled or otherwise identified by COMPANY as an “upgrade”, you must be properly licensed to use a product identified by COMPANY as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled or otherwise identified by COMPANY as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for such upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer. 4) COPYRIGHT AND TRADEMARKS. All title, trademarks and copyrights in and pertaining to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animation, video, audio, music, text, and applets incorporated into the SOFTWARE PRODUCT), the accompanying, printed materials and any copies of the SOFTWARE PRODUCT are owned by Trippe Manufacturing, Co. or its affiliated companies. The SOFTWARE PRODUCT is protected by copyright and trademark laws and international treaty provisions. You must treat the SOFTWARE PRODUCT like any other copyrighted for archival purposes, and you may not copy the printed materials accompanying the SOFTWARE PRODUCT. You may not remove, modify or alter any PowerAlert copyright or trademark notice from any part of the SOFTWARE PRODUCT, including but not limited to any such notices contained in the physical and/or electronic media or documentation, in the PowerAlert Setup Wizard dialogue or ‘about’ boxes, in any of the runtime resources and/or in any web-presence or web-enabled notices, code or other embodiments originally contained in or dynamically or otherwise created by the SOFTWARE PRODUCT. 5) DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of the medium you receive, you may use only that one medium that is appropriate for your single computer. You may not use or install the other medium on another computer, including but not limited to portable computers under the exclusive control of the registered developer. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the SOFTWARE PRODUCT. 6) U. S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the U. S. 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 or subparagraphs (c) (1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable. 7) MISCELLANEOUS. If you acquired or use this SOFTWARE PRODUCT in the United States, this EULA is governed by the laws of the State of Illinois. If this SOFTWARE PRODUCT was acquired and is used exclusively outside of the United States, then local law may also apply. Should you have any questions concerning this EULA, or if you desire to contact COMPANY for any reason, please contact the COMPANY distributor serving your country, or write: Trippe Manufacturing Co. 1111 W. 35th Street Chicago, IL, 60609 (or by Tel: 773.869.1234, e-mail to: techsupport@tripplite.com). 8) LIMITED WARRANTY. LIMITED WARRANTY. COMPANY warrants that (a) the SOFTWARE PRODUCT will, for a period of ninety (90) days from the date of your receipt, perform substantially in accordance with COMPANY's written materials accompanying it, and (b) any Support Services provided by COMPANY shall be substantially as described in applicable written materials provided to you by COMPANY, and (c) COMPANY support engineers will make commercially reasonable efforts to solve any problem issues with the SOFTWARE PRODUCT. To the extent that implied warranties on the SOFTWARE PRODUCT are disclaimable, they are disclaimed herein below. Some states and jurisdictions do not allow disclaimers of or limitations on the duration of an implied warranty, so the above limitation may not apply to you. To the extent implied warranties may not be entirely disclaimed but implied warranty limitations are allowed by applicable law, implied warranties on the SOFTWARE PRODUCT, if any, are limited to ninety (90) days. CUSTOMER REMEDIES. COMPANY and its suppliers' entire liability and your exclusive remedy shall be, at COMPANY's option, either (a) return of the price paid by you for the SOFTWARE PRODUCT (not to exceed the suggested retail price) if any, or (b) repair or replacement of the component(s) of the SOFTWARE PRODUCT that does not meet COMPANY's Limited Warranty and which is returned to COMPANY with a copy of your purchase receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside of the United States, neither of these remedies nor any product support services offered by COMPANY are available without proof of purchase from a COMPANY authorized international source. NO OTHER WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. 9) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, 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 SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, COMPANY'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR TEN UNITED STATES DOLLARS (U.S. $10.00); PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A COMPANY SUPPORT SERVICES AGREEMENT, COMPANY'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.