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End User License Agreement (EULA)

This End User License Agreement (the "Agreement") is a legal agreement between you ("Licensee") and Kanaries Data ("Licensor") for the use of RATH software application (the "Software").

By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not install, copy or use the Software.

Grant of License

Licensor hereby grants to Licensee a non-exclusive, non-transferable license to use the Software for the sole purpose of data analysis and reporting.

Licensee may install the Software on any number of computers owned or operated by the Licensee, provided that the Software is used only by Licensee or by Licensee's employees or contractors.

Licensee may not rent, lease, lend, sell, redistribute, sublicense, or otherwise transfer the Software to any third party.

Intellectual Property Rights

The Software is owned by Licensor and is protected by United States copyright laws and international treaty provisions. Licensor retains all rights, title, and interest in and to the Software, including all intellectual property rights.

Licensee may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software or any part thereof.

Termination

This Agreement will terminate automatically if Licensee fails to comply with any of the terms and conditions of this Agreement. Upon termination, Licensee must immediately cease using the Software and destroy all copies of the Software in its possession.

Disclaimer of Warranties

THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.

Limitation of Liability

IN NO EVENT SHALL LICENSOR BE LIABLE TO LICENSEE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Governing Law

This Agreement shall be governed and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

Entire Agreement

This Agreement constitutes the entire agreement between Licensee and Licensor with respect to the use of the Software and supersedes all prior or contemporaneous understandings or agreements, whether oral or written, regarding such subject matter.

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