This End-User License Agreement ("EULA") is an agreement between the original purchaser, either an individual or a single legal entity, ( A You @ ), and Kooltrak, Inc. ( A KOOLTRAK @ ) for the software product ("SOFTWARE").

The SOFTWARE includes computer software and associated media, printed materials, electronic documentation, and any updates and supplements to the original SOFTWARE provided by KOOLTRAK to You.

By installing, copying, downloading, accessing, or otherwise using the SOFTWARE, You agree to be bound by the terms of this EULA. If You do not agree to the terms of this EULA, do not install or use the SOFTWARE, and You may return it for a full refund.

SOFTWARE PRODUCT LICENSE

The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. You are licensed to use the SOFTWARE, but it is not sold to You.

1. GRANT OF LICENSE

This EULA grants You the following rights. All rights not expressly granted are reserved by KOOLTRAK.

* You may install, use, access, display, run, or otherwise interact with ("RUN") one copy of the SOFTWARE, or any prior version, on a single computer, workstation, terminal, handheld PC, or other digital electronic device ("COMPUTER").

2. CONDITIONS AND LIMITATIONS

* Not for Resale Software. If the SOFTWARE was supplied without charge as a A Demonstration version @ or is labeled "Not For Resale" then, notwithstanding other sections of this EULA, your use of the SOFTWARE is limited to use for demonstration, test, or evaluation purposes and You may not resell, or otherwise transfer for value, the SOFTWARE.

* Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

* Separation of Components. The SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one COMPUTER.

* Trademarks. This EULA does not grant You any rights in connection with any trademarks or service marks owned or used by KOOLTRAK.

* Rental. You may not rent, lease, or lend the SOFTWARE.

* Software Transfer. The licensee of the SOFTWARE may make a permanent transfer of the SOFTWARE PRODUCT. This transfer must include all of the SOFTWARE, any upgrades, any cables and interfaces supplied with the SOFTWARE and required for it to operate, and this EULA. The transferee must agree to comply with the terms of this EULA.

* Termination. Without prejudice to any other rights, KOOLTRAK 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 and all of its component parts.

* U.S. Government restricted rights. The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, 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 or subparagraphs (c)(1) of the Commercial Computer Software--Restricted Rights at 48 CFR 52.227-19, as applicable.

3. UPGRADES

SOFTWARE labeled or supplied as an upgrade replaces the SOFTWARE that formed the basis of eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA.

4. COPYRIGHT

All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), and any copies of the SOFTWARE are owned by KOOLTRAK.

This SOFTWARE contains documentation that is provided only in electronic form, and you may print this electronic documentation only for use in conjunction with the SOFTWARE. You may not further distribute or resell electronic or printed copies of the documentation.

5. BACKUP COPY

You may make one copy of the SOFTWARE solely for backup or archival purposes. Except as expressly provided in this EULA, You may not otherwise make copies of the SOFTWARE or the printed materials accompanying the SOFTWARE.

6. EXPORT RESTRICTIONS

You agree that you will not export or re-export the SOFTWARE, or any part thereof, to any country, person or entity subject to U.S. export restrictions.

7. APPLICABLE LAW

If this SOFTWARE was acquired in the United States, this EULA is governed by the laws of the State of Florida.

If this SOFTWARE was acquired outside the United States, then local law may apply.

8. LIMITED WARRANTY FOR SOFTWARE PRODUCTS ACQUIRED IN THE U.S.

KOOLTRAK warrants to the original purchaser that the SOFTWARE will perform substantially in accordance with the accompanying documentation for a period of ninety (90) days from the date of receipt of sale by KOOLTRAK.

This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. This Limited Warranty is void if the original purchaser transfers title to the SOFTWARE to a third party, even if the conditions of clause 2 A software transfer @ have been met.

This Limited Warranty gives You specific legal rights. You may have other rights depending on jurisdiction.

9. NO OTHER WARRANTIES

To the maximum extent permitted by law, KOOLTRAK disclaims 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, and the provision of or failure to provide support services.

10. LIMITATION OF LIABILITY

To the maximum extent permitted by law, in no event shall KOOLTRAK 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 or the provision of or failure to provide Support Services, even if KOOLTRAK has been advised of the possibility of such damages. In any case,

KOOLTRAK = s entire liability under any provision of this EULA shall be limited to the greater of the amount actually paid by You to KOOLTRAK for the SOFTWARE or U.S.$5.00

Some jurisdictions do not allow the exclusion or limitation of liability, so the above limitation may not apply to You.

11. CUSTOMER REMEDIES

KOOLTRAK = s entire liability shall be, at KOOLTRAK = s option, either (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE that does not meet KOOLTRAK = s Limited Warranty and which is returned to KOOLTRAK with a copy of original sale receipt.

Outside the United States, neither these remedies nor any product support services offered by KOOLTRAK are available without proof of purchase from an authorized international source.

12. ACCEPT OR DECLINE

Either accept the terms of this EULA by clicking A I accept @ or decline the terms of this EULA by clicking A I decline @ . If you decline the terms of this EULA you have no right to install or run the SOFTWARE, and may return the complete package for a refund.

(I accept)    (I decline)