CHECK POINT VPN-1 SECUREMOTE SOFTWARE LICENSE AGREEMENT PLEASE READ THIS LICENSE CAREFULLY BEFORE DOWNLOADING OR INSTALLING THE SOFTWARE (THE "CHECK POINT SOFTWARE"). BY DOWNLOADING OR INSTALLING AND/OR USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR INSTALL THIS SOFTWARE. 1. License. The software downloaded or installed after reviewing this License, is licensed to you by Check Point Software Technologies Ltd. ("Check Point"). Check Point shall retain title to the Check Point Software and related documentation. This License allows you to use the Check Point Software for the purpose of connecting with an authorized Firewall-1 Software. You must reproduce on each copy of the Check Point Software the Check Point and any other proprietary legends that were on the original copy of the Check Point Software. You may also transfer all your license rights in the Check Point Software, the backup copy of the Check Point Software, the related documentation and a copy of this License to another party, provided the other party reads and agrees to accept the terms and conditions of this License. 2. Restrictions. The Check Point Software contains copyrighted material, trade secrets and other proprietary material and in order to protect them you may not decompile, reverse engineer, disassemble or otherwise reduce the Check Point Software to a human-perceivable form. Other than expressly set forth herein, you may not modify, network, rent, lease, loan, distribute or create derivative works based upon the Check Point Software in whole or in part. You may, however, electronically transmit the Check Point Software from one computer to another or over a network, subject to the acceptance of the receiver to be bound by this License. 3. Termination. This License is effective until terminated. You may terminate this License at any time by destroying the Check Point Software and related documentation. This License will terminate immediately without notice from Check Point if you fail to comply with any provision of this License or if the license of the connecting Firewall-1 is terminated for any reason. Upon termination of this License you must destroy the Check Point Software, related documentation and all copies thereof. 4. Government Regulation and Export Control: Government Regulations. You agree that the Product will not be shipped, transferred, or exported into any country or used in any manner prohibited by law. Export. The Product is subject to export control laws of the State of Israel and may be subject to additional export control laws applicable to You or in Your jurisdiction, including, without limitation, the United States. If the Product contains any encryption device You must contact Check Point's export regulation information page (info@checkpoint. com) for specific information. You agree that You will not ship, transfer, or export the Product into any country, or make available or use the Product in any manner, prohibited by law. You understand and acknowledge that upon entry of the Product into the United States it becomes subject to regulation by agencies of the U.S. government, including the U.S. Department of Commerce, which prohibit export or diversion of certain products and technology to certain countries. Any and all Your obligations with respect to the Product shall be subject in all respects to such United States laws and regulations as shall from time to time govern the license and delivery of technology and products abroad by persons subject to the jurisdiction of the United States, including the Export Administration Act of 1979, as amended, any successor legislation, and the Export Administration Regulations ("EAR") issued by the Department of Commerce, International Trade Administration, Bureau of Export Administration. You warrant that You will comply in all respects with the export and reexport restrictions applicable to the Product and will otherwise comply with the EAR or other United States laws and regulations in effect from time to time. You warrant and agree that You are not: (i) located in, under the control of, or a national or resident of Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan or Yugoslavia, or (ii) on the U.S Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. 5. Government End Users. If you are acquiring the Check Point Software on behalf of any unit or agency of the United States Government, the following provisions apply. The Government agrees: (i) if the Check Point Software is supplied to the Department of Defense (DoD), the Check Point Software is classified as "Commercial Computer Software" and the Government is acquiring only "restricted rights" in the Check Point Software and its documentation as that term is defined in Clause 252.227-7013(c)(1) of the DFARS; and (ii) if the Check Point Software is supplied to any unit or agency of the United States Government other than DoD, the Government's rights in the Check Point Software, and its documentation will be as defined in Clause 52.227-19(c)(2) of the FAR or, in the case of NASA, in Clause 18-52.227-86(d) of the NASA Supplement to the FAR. 6. Disclaimer of Warranty on Check Point Software. You expressly acknowledge and agree that use of the Check Point Software is at your sole risk. The Check Point Software and related documentation are provided AS IS and without warranty of any kind and Check Point EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CHECK POINT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CHECK POINT SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE CHECK POINT SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE CHECK POINT SOFTWARE WILL BE CORRECTED. FURTHERMORE, CHECK POINT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CHECK POINT SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CHECK POINT OR AN CHECK POINT AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE CHECK POINT SOFTWARE PROVE DEFECTIVE, YOU (AND NOT CHECK POINT OR AN CHECK POINT AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 7. Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL CHECK POINT BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE CHECK POINT SOFTWARE OR RELATED DOCUMENTATION, EVEN IF CHECK POINT OR AN CHECK POINT AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In no event shall Check Point's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount of $100. 8. Controlling Law and Severability. This License shall be governed by and construed in accordance with the laws of the laws of the State of Massachusetts without reference to its choice of law provisions. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect. 9. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Check Point Software and related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of Check Point.