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END USER LICENSE AGREEMENT

IMPORTANT-READ CAREFULLY: This Stealthbits Technologies LLC (“Stealthbits”) End-User License Agreement (“EULA” or “Agreement”) is a legal agreement between you (either an individual or a single entity) and Stealthbits for the Stealthbits software identified above, which includes computer software and may include associated media, printed materials, and “online” or electronic documentation and Internet-based services (collectively, “SOFTWARE”). An amendment or addendum to this EULA may accompany the SOFTWARE. UNLESS YOU HAVE OBTAINED PERMISSION TO USE THE SOFTWARE UNDER A SEPARATE, DULY SIGNED LICENSE AGREEMENT WITH STEALTHBITS OR AN AUTHORIZED PARTNER OF STEALTHBITS, THE ACCOMPANYING SOFTWARE IS PROVIDED UNDER THE FOLLOWING TERMS AND CONDITIONS AND BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY SAID TERMS AND CONDITIONS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THIS EULA ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN, AND YOU DO NOT HAVE A SEPARATE LICENSE AGREEMENT AS REFERENCED ABOVE, YOU MAY NOT INSTALL, COPY OR OTHERWISE USE THE SOFTWARE, AND YOU MUST DELETE ANY COPIES OF IT FROM YOUR SYSTEMS.

This End User License Agreement (“EULA” or “Agreement”) is made between Stealthbits Technologies LLC (“Stealthbits’), a New Jersey limited liability company located at 200 Central Avenue, Hawthorne, New Jersey 07506 and the entity on whose behalf the Software is used (“Licensee”). This Agreement, together with any documents incorporated herein by reference, sets forth all terms and conditions applicable to use of the Software by Licensee.

1. Scope and Key Terms
This Agreement will govern Licensee’s use of the Software. Stealthbits is the “Licensor” whether Licensee received the Software from Stealthbits directly or from an authorized partner. The Software is licensed, not sold. The Software is the proprietary information of Stealthbits which retains exclusive title to its intellectual property rights in the Software. Licensee’s rights to the Software are limited to those expressly granted herein. The following terms shall have the meanings assigned to them below:
  1. “Quotation Form” means the ordering document which describes the Software and or Services being ordered by Licensee and which incorporates this Agreement by reference.
  2. “Perpetual” refers to a software license that does not expire and authorizes use of a program indefinitely. Generally, outside of termination, a Perpetual software license allows the holder to use a specific version of a given software program continually with payment of a single fee.
  3. “Subscription” refers to a software license that expires after an agreed upon term. Subscriptions can be set to automatically renew which refreshes the expiration date of the license.
  4. “Software” means: (i) the machine-readable object code version of the Software made generally available by Stealthbits and described in the applicable Quotation Form; (ii) the related Documentation; (iii) corrections, enhancements, and upgrades to the Software that Stealthbits may make available pursuant to Section 8 below; and (iv) all copies of the foregoing.
  5. “Documentation” means the published user manuals and Documentation that Stealthbits makes generally available for the Software.
  6. “Affiliate” means any entity controlled by, controlling, or under common control with Licensee.
  7. “Services” means all Services provided by Stealthbits under this Agreement.
  8. “Error” means a reproducible failure of the Software to perform in substantial conformity with its Documentation. Provided, however, any nonconformity resulting from Licensee’s improper use of the licensed Software, combining or merging the licensed Software with software not approved by Licensor for use with the licensed Software, targeting a platform not explicitly listed in the Documentation as supported, or modification of the licensed Software which has not been performed by Licensor, shall not be considered an Error.
  9. “Error Correction” means either a software modification or addition that, when made or added to the Software, corrects the Error, or a procedure or routine that, when observed in the regular operation of the Software, eliminates the practical adverse effects of the Error.
  10. “Severity 1 – Critical Business Impact” means that the Software is not operational and no Workaround is possible, or, a Workaround exists but is unacceptable because of the impact on Licensee’s business. Error results in the use of the Software being severely affected or completely unavailable. In addition, Error may involve downtime, outage, severe performance degradation, or other failure of one or more business critical systems, functions or services that adversely affects the ability of multiple end users to perform their functions.
  11. “Severity 2 – Serious Business Impact” means that the Software is operational, but its functionality is seriously affected, and implementing a Workaround is time consuming and will adversely affect Licensee’s business. In addition, Error may involve downtime, outage, serious performance degradation or other failure of one or more non-critical business systems, functions or services that adversely affects the ability of multiple end users to perform their functions.
  12. “Severity 3 – Minor Business Impact” means that the Software is operational, but its functionality is affected and a Workaround is available and acceptable. In addition, it may include an Error or problem with a system, function or service that materially adversely affects an end user’s ability to process, but for which there is a reasonable and practical circumvention so that the affected end user can continue performing its functions with minimal loss of efficiency or functionality; or involves downtime, outages, performance degradation or other failure of a single non-critical system, function or service or affecting a single end user only.
  13. “Severity 4 – Enhancement Request” means that the Software is useable and operating as designed, but Licensee has a question or would like to submit a formal proposal for a new system, function, or service, or an alteration to an existing licensed system, function or service. It may involve a problem with respect to a system, function or service that affects a single end user issue that is non-critical to job function and includes a Workaround. All Enhancement Requests are considered but may not be included in a future release.
  14. “Workaround” means a procedure or change to the configuration of Software intended to provide relief to the Licensee by reducing the effective Severity of the Error or problem until such time as a permanent Error Correction is provisioned.
  15. “Update” means any Update or new release of the Software made available by Stealthbits to the Licensee.
  16. “Active Directory User Accounts” are used by human users or programs such as system services used to log on to a computer. Each user or application that accesses resources in a Windows domain must have an account in the Active Directory server. Windows uses this user account to verify that the user or application has permission to use a resource. http://msdn.microsoft.com/en-us/library/ms677992(v=vs.85).aspx.
  17. “Exchange Mailbox” is any object defined as such by a Microsoft Exchange Server. Mailboxes send, receive, and store electronic mail messages, and can be configured for personal use, shared between multiple users, or serve as a resource mailbox tied to an application or service.
  18. “End of Life” means a process that consists of a series of technical and business milestones and activities that, once completed, make the Software obsolete. Once obsolete, the Software is not sold, manufactured, improved, repaired, maintained, or supported. End of Life starts on or shortly after the date of the second subsequent release (major release or minor release). Until the product is obsolete, the applicable Software is fully supported, but no further service packs will be released.
  19. “End of Support” means the applicable Software is no longer supported by Supplier, and no patches or service packs will be issued. End of Support occurs six (6) months after the End of Life process starts.
2. License
Subject to the terms and conditions of this Agreement, and for the license fees specified on the applicable Quotation Form, Stealthbits hereby grants to Licensee, and Licensee accepts from Stealthbits, a worldwide, non-exclusive, non-sub licensable, Perpetual or Subscription license right to use the Software as described on the applicable Quotation Form. This license consists of the right for Licensee to install, use, access, run, or otherwise interact with the Software within the scope of license granted on the applicable Quotation Form in and for Licensee’s own internal business operations, and in accordance with the related Documentation. Licensee may also make a reasonable number of additional copies of the Software solely for non-productive archival purposes, so long as each copy contains all titles, trademarks, copyrights and restricted rights notices as in the original. Nothing in this Agreement entitles Licensee to receive source code for any part of the Software.
3. Affiliate Usage
Licensee and its Affiliates may place orders for and use Software and Services under this Agreement by signing and delivering a Quotation Form to Stealthbits or to an authorized partner. Licensee shall be liable for its Affiliates’ compliance with the terms and conditions of this Agreement.
4. Restrictions
Stealthbits reserves any rights not expressly granted to Licensee, and retains all rights, title and interest in and to the Software. Licensee agrees that it has no right whatsoever to modify the Software or any portion thereof in any manner. Licensee shall not reverse engineer, decompile, disassemble, modify, adapt, rent, lease, loan or create derivative works based upon the Software or any part thereof.
5. Assignment
Licensee may not assign or transfer its rights and obligations under this Agreement without the prior written consent of Stealthbits, and any purported assignment without Stealthbits consent shall be null and void.
6. Termination
This Agreement or an individual license granted hereunder may be terminated: (a) by mutual agreement of Stealthbits and Licensee; (b) by either party, upon thirty (30) days’ prior written notice to the other party; and (c) by Stealthbits if Licensee or its Affiliate breaches this Agreement and fails to cure such breach to Stealthbits reasonable satisfaction within thirty (30) days following receipt of Stealthbits’ notice thereof. Upon termination by Licensee pursuant to Section 8(b) above, Licensee shall not be entitled to a refund of any prepaid fees and shall not be relieved of its obligation to pay Stealthbits for fees committed to. Upon any termination of this Agreement or a license granted hereunder, Licensee shall cease use of the applicable Software and certify to Stealthbits within thirty (30) days after termination that Licensee has destroyed or returned to Stealthbits such Software and all copies thereof. Termination of this Agreement shall not limit either party from pursuing any remedies available to it, including injunctive relief, or relieve Licensee of its obligation to pay all fees that have accrued or have become payable by Licensee hereunder. The provisions of Sections 4, 6, 9, 10, 11 and 12 will survive termination of this Agreement.
7. Export Law Assurances
Licensee shall not export or re-export or allow the export or re-export of the Software or any copy, portion or direct product of the foregoing, in violation of any export laws, restrictions, national security controls or regulations of the United States or other applicable foreign agency or authority.
8.1 Maintenance Services for a Perpetual License
During any Maintenance Period and for the applicable fees, Stealthbits shall provide the Software Maintenance and Support Services as listed in Section 8.3. The Maintenance Period shall commence on the date of the original purchase order for the Software and shall end twelve (12) months thereafter (“Maintenance Period”). Each Maintenance Period shall automatically renew for another twelve (12) months unless the renewal has been cancelled by either party providing written notice of cancelation at least sixty (60) days prior to the first day of the renewal Maintenance Period. Renewals must be for all licensed Software covered under the prior Maintenance Period, and all Maintenance and Support fees shall be due and payable in advance of the renewal Maintenance Period. After the initial Maintenance Period, Maintenance and Support fees are subject to increase at a rate not to exceed five percent (5%) annually. Notwithstanding the automatic renewal clause set forth above, in the case of Licensee’s failure to pay all Maintenance and Support fees due prior to the end of the Maintenance Period, Stealthbits shall be entitled to immediately terminate or suspend all Software Maintenance and Support Services without notice, and shall be entitled to Maintenance and Support fees retroactive to the renewal term start date for any Software Maintenance and Support Services provided. If Maintenance and Support is terminated or expired, the parties may agree in writing to subsequently renew or reinstate Maintenance and Support for a renewal Maintenance Period of at least twelve (12) months from the date of such renewal. In such case, as a prerequisite to renewal, Licensee shall pay, at a minimum, a reinstatement fee equal to all Maintenance and Support fees that would have been due had Maintenance and Support not terminated or expired, plus an additional charge of thirty five percent (35%) of the Maintenance and Support fees for the following twelve (12) month renewal Maintenance Period.
8.2 Maintenance Services for a Subscription License
During any Subscription Period and for the applicable fees, Stealthbits shall provide the Software Maintenance and Support Services for a Subscription license as listed in Section 8.3. The Subscription Period shall commence on the date of the original purchase order for the Software and shall end upon completion of the agreed upon Subscription term (“Subscription Period”). Each Subscription Period shall automatically renew for twelve (12) months unless the renewal has been cancelled by either party providing written notice of cancelation at least sixty (60) days prior to the first day of the Subscription renewal date. Renewals must be for all licensed Software covered under the prior Subscription Period, and all Subscription fees shall be due and payable in advance of the renewal Subscription Period. After the initial Subscription Period, fees are subject to increase at a rate not to exceed five percent (5%) annually. Stealthbits will provide Services (other than Software Maintenance and Support Services) subject to availability and under the terms and conditions, including service rates, as indicated on the applicable Quotation Form.
8.3 Software Maintenance and Support Services
  • Stealthbits shall make new versions and releases of the Software available to Licensee, including Software corrections, enhancements and upgrades, if and when it makes them generally available, without charge under a maintenance subscription for such Software.
  • Stealthbits shall respond via email or phone to unlimited communications from Licensee that report Software failures.
  • Stealthbits will respond to Licensee notifications and will make commercially reasonable efforts to provide a Workaround and an Error Correction within the time scales set forth in the table below:
Severity Level Initial Response Time Provision of Workaround Provision of Error Correction
1 – Critical Business Impact 2 Business Hours 4 Business Hours 2 Business Days
2 – Serious Business Impact 4 Business Hours 8 Business Hours 10 Business Days
3 – Minor Business Impact 8 Business Hours 5 Business Days Future Release
4 – Enhancement Request 2 Business Days Not Applicable Not Applicable
  • Maintenance and Support Services for all Software are available during the standard support hours of Monday through Friday from 8AM to 8PM Eastern Time, excluding all nationally recognized United States holidays.
  • Software Maintenance and Support Services may be requested via the Web, email, or telephone.
  • Stealthbits may, in its sole discretion, withhold, deprioritize, or cease the provisioning of Maintenance and Support Services for:
    • Any version of the Software that has reached End of Support.
    • Defects or Errors found to be resulting from any modifications to Software which have not been approved by Stealthbits.
    • Failures associated with the targeting of platforms of versions thereof that are not supported by both Stealthbits and the target platform’s respective vendor, or for whom the Licensee is not entitled to support from the target platform’s respective vendor.
    • Errors caused by the use of the Software on or with equipment or programs not approved by Stealthbits based on software prerequisites, minimum hardware requirements, minimum operating system version, network connectivity requirements, and service account requirements not being met. Documentation describing such prerequisites and minimum requirements shall be provided.
  • Stealthbits shall respond to a reasonable number of communications from Licensee that request consultation on the operational/technical aspects of the Software.
  • Consultation requests (such as advanced customizations, workflow development or execution, bespoke or extensive training, server or database migrations, re-implementation, implementation of newly licensed or newly available functionality, upgrades from Software versions that have reached End of Support, disaster recovery assistance, and in-depth product/architecture consultation) may be deemed by Stealthbits to be outside the scope of Software Maintenance and Support Services, and may be referred to the Professional Services Organization of Stealthbits (PSO).
8.4 DISCLAIMER OF WARRANTIES
Stealthbits will be entitled to make professional service charges in accordance with its standard charges for any Services provided:
  • At the request of Licensee, but which do not qualify under Software failures by virtue of the exceptions listed in Section 8.3.
  • At the request of Licensee but are not necessary under the Software Maintenance and Support Services as listed in Section 8.3.
Unless otherwise agreed to by the parties in writing, all professional service hours must be used within six (6) months of the date of purchase. Custom solutions delivered through professional services are architected to be forward-compatible, but any Updates required to maintain compatibility with future releases of the Software may result in additional professional services charges.
9. Limited Warranty

Stealthbits warrants that, for a period of thirty (30) days from the date of delivery (“Warranty Period”): (i) the media provided by Stealthbits, if any, on which the Software is recorded, will be free from material defects in materials and workmanship under normal use; and (ii) the operation of the Software, as provided by Stealthbits, will substantially conform to the Documentation applicable to the Software.

THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Licensee must report in writing any breach of the foregoing warranties to Stealthbits during the Warranty Period, and Licensee’s exclusive remedy, and Stealthbits’ sole obligation, for any such breach of warranty shall be for Stealthbits to replace the defective media and to correct or provide a Workaround for reproducible Errors that cause a breach of the warranty within a reasonable time considering the severity of the Error and its effect on Licensee, or, at Stealthbits option, refund the license fees paid for the nonconforming Software upon return of such Software to Stealthbits and termination of the related license hereunder.

10. Infringement

Stealthbits will, at its own expense, defend or settle any claim, suit, action, or proceeding brought against Licensee by a third party (a “Claim”) to the extent that the Claim is based on an allegation that use of the then-current version of the Software in accordance with this Agreement directly infringes any patent, copyright or trademark, or misappropriates any trade secret (“Infringes”); provided that Licensee: (i) shall have given prompt written notice of such Claim to Stealthbits; (ii) permits Stealthbits to retain sole control of the investigation, defense or settlement of such Claim; and (iii) shall provide Stealthbits with such cooperation and assistance as Stealthbits may reasonably request from time to time in connection with the investigation, defense or settlement thereof. Stealthbits shall have no obligation hereunder to indemnify Licensee for any claim: (a) resulting from use of the Software other than as authorized in this Agreement and in the manner described in the Documentation; (b) resulting from a modification of the Software other than by Stealthbits; or (c) based on Licensee’s use of the Software after Stealthbits recommends discontinuation because of possible or actual infringement or use of a superseded or altered release of Software if the infringement would have been avoided by use of a current unaltered release of the Software made available to Licensee.

If the Software is adjudged by a court of competent jurisdiction to Infringe, and Licensee’s use of such Software is enjoined, Stealthbits shall, at its expense and option either: (i) obtain for Licensee the right to continue using the Software; (ii) replace the Software with a functionally equivalent non-Infringing product; (iii) modify the Software so that it is non-Infringing; or (iv) accept the return of the Infringing Software and, for a Perpetual license, refund a pro-rated portion of the license fee paid for the Infringing Software, based on a five (5) year product life, or, for a Subscription license, refund a pro-rata portion of the fees for the remainder of the then current Subscription term. This Section 10 states the entire liability of Stealthbits, and Licensee’s sole and exclusive remedy, with respect to infringement of intellectual property rights.

11. Limitation of Remedies and Damages.
IN NO EVENT WILL STEALTHBITS OR ITS SUPPLIERS OR LICENSEE BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE), EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CUMULATIVE LIABILITY OF STEALTHBITS, AND LICENSEE’S EXCLUSIVE REMEDY FOR DAMAGES FROM ANY CAUSE RELATED TO OR ARISING FROM THIS AGREEMENT, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO NO GREATER THAN THE AMOUNT OF FEES PAID TO STEALTHBITS UNDER THIS AGREEMENT, AND IF SUCH DAMAGES RELATE TO PARTICULAR ITEMS OF SOFTWARE OR SERVICES PROVIDED BY STEALTHBITS, SUCH LIABILITY SHALL BE LIMITED TO THE FEES PAID FOR THE RELEVANT SOFTWARE OR SERVICES. NO ACTION MAY BE BROUGHT AGAINST STEALTHBITS LATER THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURRED, AND EXCEPT AS PROVIDED IN SECTION 10 ABOVE, IN NO EVENT WILL STEALTHBITS BE LIABLE FOR ANY CLAIMS, DEMANDS OR ACTIONS OF ANY NATURE BROUGHT BY ANY THIRD PARTY AGAINST LICENSEE.
12. Nondisclosure
“Confidential Information” means the Software, source code, object code and any proprietary tools, proprietary knowledge or proprietary methodologies disclosed by one party (the “Disclosing Party”) to the other (the “Receiving Party”) and not generally known by non-party personnel, which the Receiving Party may gain access to or knowledge of as a result of this Agreement. The Receiving Party shall observe complete confidentiality with respect to the Confidential Information and shall use its best efforts and take all reasonable steps to protect the Confidential Information from any use, reproduction, publication, disclosure, or distribution except as specifically authorized by this Agreement. The Receiving Party shall promptly notify the Disclosing Party of any known unauthorized use or disclosure of the Software and will cooperate with the Disclosing Party in any litigation brought by the Disclosing Party against third parties to protect its proprietary rights.
13. Injunctive Relief
Each party acknowledges and agrees that, in the event of a material breach of this Agreement, including but not limited to a breach of Section 4 or Section 12 herein, the non-breaching party shall be entitled to seek immediate injunctive relief, without limiting its other rights and remedies.
14. Usage Verification
At Stealthbits request, but not more frequently than annually, Licensee shall furnish Stealthbits with a document signed by Licensee’s authorized representative verifying Licensee’s usage of the Software. Licensee will permit Stealthbits to review Licensee’s Active Directory environment(s) and Stealthbits’ software interface(s) to certify the accuracy of the furnished document. Any reviews shall be conducted at the expense of Stealthbits during normal business hours via remote screen sharing software and shall not unreasonably interfere with Licensee’s business activities. If Licensee’s use of the Software is found to be greater than contracted for, Licensee will receive a Quotation Form or will be invoiced for the additional licenses or license upgrades (based on the applicable units of measure, e.g., Enabled Active Directory User Accounts or Exchange Mailboxes) and the unpaid license fees shall be payable in accordance with this Agreement. Additionally, if the unpaid fees exceed five percent (5%) of the license fees paid for the subject Software, then Licensee shall also pay Stealthbits reasonable costs of conducting the audit.
15. General
  1. This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, excluding its conflicts of laws and principles. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any action seeking enforcement of this Agreement or any provision hereof shall be brought exclusively in the state or federal courts located in the State of New Jersey, United States of America. Each party hereby agrees to submit to the jurisdiction of such courts.
  2. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this Agreement will remain in full force and effect.
  3. Software is a “commercial item,” “commercial computer software” and/or “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, disclosure or distribution of the Software by the U.S. government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted herein.
  4. All notices, requests, demands or communications required or permitted hereunder shall be in writing, delivered personally, or mailed by first class mail, postage prepaid, addressed to the parties as set forth above or at such other address as shall be specified in writing by either of the parties to the other in accordance with this Section 15(d). All notices, requests, demands or communications shall be deemed effective upon personal delivery or four (4) days following deposit in the U.S. mail in accordance with this Section.
  5. Upon obtaining Licensee’s written consent, Stealthbits may use Licensee as a reference account for marketing purposes, including: (i) allowing Stealthbits to reference Licensee on its reference account customer lists in print and on its website; (ii) providing quotes for press releases and the website of Stealthbits; and (iii) participating in one phone interview for the development of a webinar.
  6. Performance of any obligation required by a party hereunder may be waived only by a written waiver signed by an authorized representative of the other party, which waiver shall be effective only with respect to the specific obligation described therein.
  7. Each party will be excused from performance for any period during which and to the extent that it is prevented from performing any obligation or service as a result of causes beyond its reasonable control and, without its fault or negligence, including without limitation, acts of God, strikes, lockouts, riots, acts of war, epidemics, pandemics, communication line failures, and power failures.
  8. The terms and conditions of this Agreement shall govern all Quotation Forms. The terms and conditions of any Quotation Form shall incorporate the terms and conditions of this Agreement and shall control over any conflicting terms and conditions contained in this Agreement in the event that such Quotation Form is generated by Stealthbits. In the event the applicable Quotation Form is not generated by Stealthbits, the terms and conditions of this Agreement shall control over any conflicting terms and conditions contained in said Quotation Form.
  9. This Agreement, together with the attached exhibits, if any, and Quotation Forms which are incorporated herein by reference, constitute the entire agreement between the parties regarding the subject matter hereof and supersede all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter of this Agreement and such exhibits or Quotation Forms. The terms and conditions of this Agreement and in any Quotation Form shall control in the event there are different or additional terms set forth in any purchase order submitted by Licensee. Terms or conditions contained in Licensee’s purchase orders shall apply only to the extent they confirm the Software and Services ordered, the applicable fees and the requested shipment date. Neither this Agreement nor any Quotation Form may be modified or amended except by a writing executed by a duly authorized representative of each party. No other act, document, usage or custom shall be deemed to amend or modify this Agreement.

© 2021 Stealthbits Technologies, Inc.