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DATAKEY LICENSE AGREEMENT

IMPORTANT - READ CAREFULLY BEFORE OPENING SOFTWARE PACKET(S) AND/OR INSTALLING,


COPYING, OR OTHERWISE USING THE SOFTWARE. UNLESS A SEPARATE MULTILINGUAL LICENSE
BOOKLET IS INCLUDED IN YOUR PRODUCT PACKAGE, THE FOLLOWING LICENSE AGREEMENT
APPLIES TO YOU. BY OPENING THE SEALED PACKET(S) AND/OR BY INSTALLING, COPYING OR
OTHERWISE USING THE SOFTWARE, YOU INDICATE YOUR ACCEPTANCE OF THE FOLLOWING DATAKEY
LICENSE AGREEMENT ("AGREEMENT").

This is a legal agreement between you ("YOU"), either an individual or an entity,


and Datakey, Inc. ("DATAKEY"). By opening the sealed software package(s) and/or by
installing, copying or otherwise using the SOFTWARE (as defined below), YOU agree
to be bound by the terms of this Agreement. If YOU do not agree to the terms of
this Agreement, promptly return the unopened software packet(s) and the
accompanying items (including printed materials and binders or other containers) to
the place from which YOU obtained them for a full refund.

This SOFTWARE is protected by copyright laws and international copyright treaties,


as well as other intellectual property laws and treaties. The SOFTWARE is licensed
to YOU, not sold to YOU.

DATAKEY LICENSE AGREEMENT

1. GRANT OF LICENSE. Datakey hereby grants to YOU a License ("LICENSE") to use a


single copy of the Datakey client software (such as Datakey CIP), or a single copy
of the Datakey CIP NMAS server software for a sixty (60) day evaluation, depending
on which software is contained in this package, and any "online" or electronic
documentation related to such software (the "SOFTWARE"). The SOFTWARE may be used
on a single computer. If this package is a Datakey CIP package, this License
authorizes YOU to use the SOFTWARE to support up to the number of licensed users
specified above or to make and use additional copies of the Datakey client
software, indicated above, up to the number of licensed users specified above. The
number of individual authorized users of the SOFTWARE at any time may not exceed
the cumulative number of authorized users licensed to YOU by Datakey. The SOFTWARE
may not be shared or used concurrently by different computers.

2. COPYRIGHT. The SOFTWARE (including any images, "applets", photographs,


animations, video, audio, music, and text incorporated into the SOFTWARE) is owned
by DATAKEY or its suppliers and is protected by United States copyright laws and
international treaty provisions. Therefore, YOU must treat the SOFTWARE like any
other copyrighted material (e.g., a book or musical recording) except that YOU may
either a) make one copy of the SOFTWARE solely for backup or archival purposes, or
b) transfer the SOFTWARE to a single hard disk provided YOU keep the original
solely for backup or archival purposes. YOU may not copy the printed materials
accompanying the SOFTWARE.

3. OTHER RESTRICTIONS. YOU may not distribute, sell, sublicense, transfer, rent or
lease the SOFTWARE or any portion of the SOFTWARE. YOU may not reverse engineer,
decompile, or disassemble the SOFTWARE, except to the extent such forgoing
restriction is expressly prohibited by law. YOU may not make public any test or
benchmark on the SOFTWARE, without the written approval of DATAKEY.

4. EXPORT REGULATIONS. The Datakey Software, including technical data, is subject


to U.S. export control laws, including the U.S. Export Administration Act and its
associated regulations, to French and European cryptography laws, including the
control of exports of dual-use goods, and may be subject to export, import or usage
regulations in other countries. YOU agree to comply strictly with all such
regulations and acknowledge that YOU have the responsibility to obtain licenses to
export, re-export, import or use Datakey Software. The Datakey Software may not be
downloaded, or otherwise exported or re-exported (i) into, or to a national or
resident of Angola, Cuba, Iraq, Iran, North Korea, Libya, Sudan, Syria, Yugoslavia
or any country to which the U.S. or the European Union have embargoed goods; or
(ii) to anyone on the U.S. Treasury Department's list of Specially Designated
Nations or the U.S. Commerce Department's Table of Denial Orders.

5. JAVA RUNTIME ENVIRONMENT (included in some Datakey SOFTWARE). YOU agree to


comply with the following terms and conditions which are required by DATAKEY's
licensor Sun Microsystems ("Sun"), associated with the use of the Java Runtime
Environment software and documentation ("Sun Software"):
a) Java Platform Interface. YOU may not modify the Java Platform Interface portion
of the Sun Software ("JPI", identified as classes contained within the "java"
package or any subpackages of the "java" package), by creating additional classes
within the JPI or otherwise causing the addition to or modification of the classes
in the JPI. In the event that YOU create any Java-related API and distributes such
API to others for applet or application development, YOU must promptly publish
broadly an accurate specification for such API for free use by all developers of
Java-based software.
b) Restrictions. The Sun Software is confidential copyrighted information of Sun
and title to all copies is retained by Sun and/or its licensors. YOU shall not
decompile, disassemble, decrypt, extract, or otherwise reverse engineer the Sun
Software. The Sun Software may not be leased, assigned, or sublicensed, in whole or
in part, except as specifically authorized in this Agreement. The Sun Software is
not designed or intended for use in online control of aircraft, air traffic,
aircraft navigation or aircraft communications; or in the design, construction,
operation or maintenance of any nuclear facility. YOU warrant that you will not
use or redistribute the Sun Software for such purposes.
c) Disclaimer of Warranty. The Sun Software is provided "AS IS," without a warranty
of any kind. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-
INFRINGEMENT, ARE HEREBY EXCLUDED.
d) Limitation of Liability. SUN AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY
DAMAGES SUFFERED BY YOU OR ANY THIRD PARTY AS A RESULT OF USING OR DISTRIBUTING THE
SUN SOFTWARE. IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE,
PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR
PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING
OUT OF THE USE OF OR INABILITY TO USE THE SUN SOFTWARE, EVEN IF SUN HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
e) Export Regulations. The Sun Software, including technical data, is subject to
U.S. export control laws, including the U.S. Export Administration Act and its
associated regulations, and may be subject to export or import regulations in other
countries. YOU agree to comply strictly with all such regulations and acknowledge
that YOU have the responsibility to obtain licenses to export, re-export, or import
Sun Software. The Sun Software may not be downloaded, or otherwise exported or re-
exported (i) into, or to a national or resident of, Cuba, Iraq, Iran, North Korea,
Libya, Sudan, Syria or any country to which the U.S. has embargoed goods; or (ii)
to anyone on the U.S. Treasury Department's list of Specially Designated Nations or
the U.S. Commerce Department's Table of Denial Orders.
f) Restricted Rights. Use, duplication or disclosure by the United States
government is subject to the restrictions as set forth in the Rights in Technical
Data and Computer Software Clauses in DFARS 252.227-7013(c) (1) (ii) and FAR
52.227-19(c) (2) as applicable.

6. MISCELLANEOUS. The construction and performance of this AGREEMENT shall be


governed by the laws of the State of California, excluding its conflicts and choice
of law provisions, and the parties hereto consent to the personal and exclusive
jurisdiction and venue of California State Courts of Santa Clara County, California
(or, if there is exclusive federal jurisdiction, the United States District Court
for the Northern District of California). This AGREEMENT contains the full
understanding of the parties with respect to the subject matter hereof and
supersedes all prior understandings and writings relating hereto. Any waivers or
amendments shall be effective only if made in writing by duly authorized
representatives of the parties that refer specifically to this AGREEMENT.

7. WARRANTY, REMEDIES, AND LIMITATION OF LIABILITY


a) NO WARRANTY. The SOFTWARE is provided "AS IS," without a warranty of any kind.
ALL EXPRESSED OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT,
ARE HEREBY EXCLUDED.
b) REMEDIES. Subject to Section 7(a) above, DATAKEY's and its suppliers' entire
liability and YOUR exclusive remedy for nonperformance of the SOFTWARE shall be, at
DATAKEY's option, either (a) return of the price paid, or (b) correction or
replacement of the SOFTWARE which are returned to DATAKEY with a copy of the YOUR
proof of purchase of the SOFTWARE.
c) DATAKEY AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU OR
ANY THIRD PARTY AS A RESULT OF USING OR DISTRIBUTING SOFTWARE. IN NO EVENT WILL
DATAKEY OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR
DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER
CAUSED AND REGARDLESS OF THE THEORY OF PUNITIVE DAMAGES, HOWEVER CAUSED AND
REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO
USE THE SOFTWARE, EVEN IF DATAKEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
TERMINATION. Unless this is a Datakey CIP package, this AGREEMENT and the LICENSE
granted hereunder shall automatically terminate sixty (60) days after YOUR receipt
of the SOFTWARE. Notwithstanding the foregoing and without prejudice to any other
rights, DATAKEY may terminate this AGREEMENT if YOU fail to comply with any of the
terms and conditions of this Agreement. Upon any such termination, YOU must
immediately destroy all copies of the SOFTWARE and all of its component parts, and
send to DATAKEY a signed certificate attesting to the destruction. ALL of the
foregoing shall be done at the YOUR sole expense. Sections 2, 3, 4, 5, 6, 7(c) and
8 shall survive any termination of this Agreement.

8. U.S. GOVERNMENT RESTRICTED RIGHTS


As defined in FAR section 2.101, the SOFTWARE licensed in this agreement is a
"commercial item" and according to DFARS section 252.227-7014(a)(1) and (5) is
deemed to be "commercial computer software" and "commercial computer software
documentation." Consistent with DFARS section 227.7202 and FAR section 12.212, any
use modification, reproduction, release, performance, display, or disclosure of
such commercial software or commercial software documentation 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 by the terms of this Agreement.

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