AVAILSUITE SOFTWARE LICENSE AGREEMENT

THIS IS AN IMPORTANT LEGAL AGREEMENT. PLEASE READ IT CAREFULLY.

This End-User License Agreement ("EULA") is a legal agreement between you (company, entity or individual) and MS Team LLC ("MS Team") for AvailSuite software that accompanies this EULA, which includes computer software and may include associated media, printed materials, "online" or electronic documentation ("Software"). This license is not transferable to any other organization or individual.

USE OF THE SOFTWARE PROVIDED WITH THIS EULA CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL AND/OR USE THIS SOFTWARE. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS OF THIS EULA.

If you are installing or using the Software at work or under contract, then you are contracting on behalf of the corporation or organization for which you are working. You must ensure you have the legal authority and ability to do so.

1. GRANT OF LICENSE. This EULA grants you the following rights:

   GRANT. Subject to payment of applicable license fees, MS Team grants you a non-exclusive and non-transferable license to use the Software, solely in object-code format, in the manner described below under "Scope of Grant".

   Scope of Grant

   • Use the Software, PROVIDED that each person accessing to full functionality of the Software must have a copy licensed to that person. Other "unregistered" users are given access to limited number of functions of the Software. "Use" means storing, loading, installing, executing or displaying the Software.
   • Copy the Software for archival purposes ONLY, provided any copy must contain all the original Software's proprietary notices.

2. RESTRICTIONS ON USE. You agree that you will not do any of the following without prior written authorization by MS Team: (a) lease, export or grant a sublicense with respect to the Software to any other party; (b) reverse engineer, reverse compile, decompile, modify, translate or disassemble the Software; (c) use the Software except as authorized herein; (d) permit third-parties to use the Software in any way that would constitute a breach of this EULA; (e) rent, lease, or lend the Software; or (f) incorporate the Software in whole or in part into any other software.
3. OWNERSHIP. The Software is owned and copyrighted by MS Team. Your license confers no title or ownership in the Software and should not be construed as a sale of any right in the Software. You must not remove or alter any copyright notices on all copies of the Software.
4. COPYRIGHT. The Software and all rights, without limitation including proprietary rights therein, are owned by MS Team and are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. MS Team is the sole owner of all title in and to the Software, logos, trade-marks, trade names, trade secrets, confidential information, patents, inventions, images, text, video, audio, and designs therein. The Software is licensed, not sold. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of MS Team and you will not acquire any rights to the Software except as expressly set forth in this license. You agree that any copies of the Software will contain the same proprietary notices which appear on and in the Software.
5. TRIAL and REGISTRATION. The Software is available in either an "evaluation" version or a "registered" version. All copies of the Software downloaded from MS Team's web-site begin as evaluation versions. If MS Team has not given you a license key and permission to use the registered version, you may only use the evaluation version. You are granted the right to use the Software without registration solely for the purposes of evaluating the performance of the Software for a period of no more than 30 days. If after that time continued use of the Software is desired then the Software must be registered. You may register the Software by paying the fee and agreeing to the terms and conditions set-out on MS Team's website at www.AvailSuite.com. You are expected to use the Software on your system and to thoroughly evaluate its usefulness and functionality before making a purchase. This "try before you buy" approach is the ultimate guarantee that the Software will perform to your satisfaction.
6. TECHNICAL SUPPORT. MS Team may provide technical support and service to you upon your request. The price and other terms and conditions of the services are set-out on MS Team's website at www.AvailSuite.com, and may be changed at any time by MS Team. MS Team often provides its technical support free of charge; however, this does not preclude MS Team from charging for such services in the future. Any supplemental software code provided to you as part of the support service shall be considered part of the Software and subject to the terms and conditions of this EULA. With respect to technical information you provide to MS Team as part of the support services, MS Team may use such information for its business purposes, including for product support and development. MS Team will not utilize such technical information in a form that personally identifies you.
7. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, upgrades, supplements, add-on components, or Internet-based services components, of the Software that MS Team may provide to you or make available to you after the date you obtain your initial copy of the Software, unless MS Team provides other terms along with the update, upgrade, supplement, add-on component, or Internet-based services component.
8. DISCLAIMER OF CONDITIONS AND WARRANTIES. To the maximum extent permitted by applicable law, MS TEAM PROVIDES THE SOFTWARE "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, INCLUDING BUT NOT LIMITED TO EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, CORRESPONDENCE TO DESCRIPTION, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. MS TEAM DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT ITS OPERATION WILL BE ERROR-FREE, THAT IT WILL PERFORM OR APPEAR EXACTLY AS DESCRIBED IN THE DOCUMENTATION, OR THAT ITS OPERATION WILL NOT NEGATIVELY AFFECT OTHER SOFTWARE OR HARDWARE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
9. EXCLUSION OF LIABILITY. To the maximum extent permitted by applicable law, IN NO EVENT WILL MS TEAM BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, INFORMATION OR PRIVACY, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR FAILURE TO MEET ANY DUTIES INCLUDING THOSE OF GOOD FAITH AND OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY CONNECTED TO THE DELIVERY, PERFORMANCE, USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IN THE EVENT OF THE FAULT, TORT, NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF MS TEAM , AND EVEN IF MS TEAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MS TEAM'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU.
10. SEVERABILITY. If any provision of this EULA is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.
11. TAXES, DUTIES, AND OTHER FEES. You agree to be responsible for any taxes, duties, or other applicable fees derived from the licensing of the Software. Duties, fees, import taxes, etc. vary by country or state. You should investigate whether you are liable for any applicable taxes.
12. GOVERNING LAW. This EULA is governed by the laws of the State of Texas. If for any provision or portion thereof of the EULA is found to be unenforceable by a court of competent jurisdiction, that provision shall be enforced in such manner as to effect the intention of the parties hereof, and the remainder of the EULA shall continue in full force and effect.
13. TERMINATION. Without prejudice to any of MS Team's other rights in this agreement or at law or equity, this agreement shall automatically terminate if you fail to comply with any of these terms and conditions. Upon termination, you must destroy all copies of the Software. The provisions in sections 8, 9 and 13 of this agreement will survive the termination of this agreement. MS Team, on its sole discretion, may modify this agreement in writing at any time.
14. GENERAL PROVISION. This is the entire agreement between you and MS Team, which supersedes any prior agreement or understanding, whether written, or oral, relating to the subject matter of this license. If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of the agreement, which shall remain valid and enforceable according to its terms.

I HAVE READ AND UNDERSTOOD ALL OF THE ABOVE TERMS AND CONDITIONS AND ACKNOWLEDGE THAT THESE TERMS AND CONDITIONS FORM PART OF THIS AGREEMENT. I AGREE THAT A PRINT-OUT OF THIS AGREEMENT WILL CONSTITUTE A "WRITING" UNDER ANY APPLICABLE LAWS.

IF I AM INSTALLING OR USING THIS SOFTWARE AT WORK OR UNDER CONTRACT, I AM ENTERING THIS AGREEMENT ON BEHALF OF THE CORPORATION OR ORGANIZATION FOR WHICH I AM WORKING, AND I HAVE THE LEGAL AUTHORITY AND ABILITY TO DO SO.

I ACCEPT THE ABOVE TERMS AND CONDITIONS IN THEIR ENTIRETY AND AGREE TO BE LEGALLY BOUND BY THEM.