GSW Products License Agreement

LICENSOR WARRANTS: (I) ITS TITLE TO THE PROGRAM; (II) ITS SUBSTANTIAL ADHERENCE TO LICENSOR'S USER DOCUMENTATION INCLUDED WITH PRODUCT FOR SUCH PROGRAM; AND (III) THAT THE PROGRAM DOES NOT INFRINGE ON THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. THIS WARRANTY EXCLUDES REMEDY (AND THE LICENSOR SHALL HAVE NO LIABILITY) FOR: (I) DEFECTS IN THE PROGRAM DUE TO MISUSE, ACCIDENT, ABUSE, NEGLECT, OR IMPROPER STORAGE OR APPLICATION, OR (II) IF THE PROGRAM THAT HAS BEEN ALTERED BY BUYER OR A THIRD PARTY. IN NO EVENT SHALL LICENSOR PROVIDE ANY REMEDY OTHER THAN COMMERCIALLY REASONALBE EFFORT TO CORRECT PROGRAM MALFUNCTIONS EXCEPT AS STATED ABOVE, THIS PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

LICENSOR MAKES NO OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, ORAL OR WRITTEN, REGARDING THE PROGRAM OR DOCUMENTATION AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSOR DOES NOT WARRANT THE PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT its OPERATION WILL BE UNINTERRUPTED OR ERROR FREE.

IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT DAMAGES, LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT. COPYING:

WHILE YOU ARE PERMITTED TO MAKE BACKUP COPIES OF THE SOFTWARE FOR YOU OWN USE AND PROTECTION, YOU ARE NOT PERMITTED TO MAKE COPIES FOR THE USE OF ANYONE ELSE.

LICENSE:

YOU ARE LICENSED FOR A SPECIFIC NUMBER OF CONCURRENT OR SIMULTANEOUS CONNECTIONS TO A SINGLE WINDOWS 7/NT/XP/VISTA/2000/2003/2008 SYSTEM. THE NUMBER IS SPECIFIED IN YOUR PURCHASE AGREEMENT. ANY ATTEMPT TO INCREASE THE NUMBER OF SIMULTANEOUS OR CONCURRENT CONNECTIONS EITHER INTENTIONAL OR UNINTENTIONAL IS IN VIOLATION OF THIS AGREEMENT. THE GEORGIA SOFTWORKS WINDOWS 7/NT/XP/VISTA/2000/2003/2008 TELNET SERVER SOFTWARE MAY BE INSTALLED ON A SINGLE WINDOWS 7/NT/XP/VISTA/2000/2003/2008/ SYSTEM. THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF NEW YORK (WITHOUT REGARD TO THE CONFLICT OF LAWS PROVISION THEREOF). THIS AGREEMENT AND THE DUTIES AND OBLIGATIONS OF THE PARTIES HEREUNDER SHALL BE ENFORCEABLE AGAINST ANY OF THE PARTIES IN THE COURTS OF NEW YORK. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY TO THIS AGREEMENT. THE VENUE FOR ANY PROCEEDINGS WILL BE IN THE STATE OF GEORGIA, UNITED STATES OF AMERICA.

WAIVER BY A NON DEFAULTING PARTY OF ANY RIGHT ARISING FROM A DEFAULT OF THE OTHER PARTY SHALL NOT AFFECT OR IMPAIR THE RIGHTS OF THE NON DEFAULTING PARTY WITH RESPECT TO ANY SUBSEQUENT DEFAULT BY THE OTHER PARTY OF THE SAME OR OF A DIFFERENT NATURE.

THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT OF THE PARTIES WITH RESPECT TO ITS SUBJECT MATTER AND SUPERSEDES ALL PRIOR AGREEMENTS, WHETHER ORAL OR WRITTEN. NO AMENDMENT OF THIS AGREEMENT SHALL BE BINDING UPON THE PARTIES UNLESS EVIDENCED IN WRITING AND SIGNED BY BOTH PARTIES.

NEITHER PARTY IS AUTHORIZED BY THIS AGREEMENT TO MAKE ANY REPRESENTATION, WARRANTY, OR COMMITMENT, OR TO ASSUME ANY OBLIGATION OR LIABILITY ON BEHALF OF THE OTHER.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives as of the day and year the product is downloaded.

BY DOWNLOADING ANY OF THE GSW SOFTWARE, YOU ARE AGREEING TO THE TERMS LISTED ABOVE.