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End User License Agreement

Effective Date: June 30, 2008

This End User License Agreement (this "Agreement") is a legal agreement between you (either an individual or an entity), HiWired, Inc. ("HiWired"), and its third party licensors regarding the use of HiWired’s PC Check & Connect software or third party software, as the case may be, which may include user documentation provided in "online" or electronic form. BEFORE YOU CHECK "I ACCEPT", CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CHECKING "I ACCEPT", YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT AND YOU AUTHORIZE HIWIRED TECHNICIANS TO ACCEPT THE TERMS AND CONDITIONS OF THIRD PARTY SOFTWARE LICENSE AGREEMENTS EITHER CONTAINED HEREIN OR FROM OTHER THIRD PARTIES ON YOUR BEHALF. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CHECK "I AGREE" AND THE SOFTWARE WILL NOT BE DOWNLOADED TO YOUR COMPUTER.

1. HiWired Software License; Uses and Restrictions

With regard to any software for which your acceptance of a separate license agreement is not required ("HiWired Software") and subject to the terms and conditions of this Agreement, you are hereby granted a revocable, non-exclusive, non-transferable license (this "License") by HiWired to use the HiWired Software (and any corrections, updates and upgrades). You agree that the HiWired Software is the confidential information of HiWired or its Third Party Licensors, providers or suppliers, which you shall not disclose to others or use except as expressly permitted herein. The HiWired Software contains copyrighted material, trade secrets, patents, and proprietary information owned by HiWired or its Third Party Licensors, providers, or suppliers. You may not alter, de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the HiWired Software, or otherwise reduce the HiWired Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, make available over a network where it could be used by multiple computers at the same time, reproduce, sublicense or distribute copies of the HiWired Software, or otherwise transfer the HiWired Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the HiWired Software. You are not granted any title or rights of ownership in the HiWired Software. This Agreement allows you to install and use the HiWired Software. You may not make any copies of the HiWired Software, except that you may make one copy of the HiWired Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. You acknowledge that this Agreement is not a sale of intellectual property and that HiWired or its Third Party Licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the HiWired Software and related documentation, as well as any corrections, updates and upgrades. The HiWired Software may be used in the United States and Canada only, and any export of the HiWired Software is strictly prohibited.

2. Consent to Use of Data

You agree that HiWired may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically by the HiWired Software to facilitate the provision of services, software updates, product support and other services to you (if any) related to the HiWired Software and to verify compliance with the terms of this Agreement. HiWired may use this information in accordance with the terms of its Privacy Policy, as long as it is in a form that does not personally identify you.

3. Termination

This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically without notice from HiWired if you fail to comply with any term(s) of this Agreement. Upon termination of this Agreement, you shall cease all use of the HiWired Software and destroy all copies, full or partial, of the HiWired Software.

4. Disclaimer of Warranty

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE HIWIRED SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HIWIRED SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND HIWIRED AND ITS THIRD PARTY LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE HIWIRED SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. HIWIRED DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE HIWIRED SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE HIWIRED SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE HIWIRED SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HIWIRED OR A HIWIRED AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE HIWIRED SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

5. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL HIWIRED OR ITS LICENSORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE HIWIRED SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF HIWIRED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall HiWired’s and/or its licensors’ total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

6. Government End Users

The HiWired Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States

7. Controlling Law and Severability

This Agreement will be governed by and construed in accordance with the laws of the state or commonwealth identified in your billing address. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

8. Complete Agreement; Governing Language

This Agreement, the Terms of Service of the Windstream TechHelp Services (including all agreements incorporated therein by reference), and HiWired’s Privacy Policy constitute the entire agreement between the parties with respect to the use of the HiWired Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter, with the exception of any additional terms and conditions you are required to accept when registering for HiWired services and for any services you purchase through HiWired. No amendment to or modification of this Agreement will be binding unless in writing and signed by HiWired. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this Agreement shall govern.

9. Third Party Software

As part of the services HiWired provides, HiWired may suggest that you acquire, install and use certain third party software ("Third Party Software"). Third Party Software is licensed to you by the respective owners or licensees of the Third Party Software. You must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software, whether or not HiWired assists you in the acquisition, installation, and/or use of Third Party Software. HiWired has no rights to the Third Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third Party Software. By accepting the services and downloading the Third Party Software, you designate HiWired technicians as your agents, and hereby authorize such technicians, to accept the terms of such Third Party Software end user license agreements on your behalf and you agree to be bound by the terms of such agreements.