IMPORTANT - READ CAREFULLY: This ZERIX Software License Agreement (“License”) is a legal agreement between you (either an individual or a single entity) and Optimum Source, Inc. (“Optimum”) for the licensing of software products from Optimum.

DO NOT DOWNLOAD, INSTALL, COPY OR USE THIS SOFTWARE UNTIL YOU HAVE READ AND ACCEPTED THIS LICENSE. BY DOWNLOADING, INSTALLING, COPYING, OR USING THIS SOFTWARE, YOU AGREE TO BE BOUND BY THIS LICENSE. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION OF THIS LICENSE, OPTIMUM IS NOT WILLING TO LICENSE THE SOFTWARE TO YOU. IN SUCH EVENT, YOU MAY NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE. YOU MAY, HOWEVER, RETURN THE SOFTWARE (INCLUDING ALL ACCOMPANYING MEDIA, DOCUMENTATION, PACKAGING AND MATERIALS) IN AN UNDAMAGED CONDITION TO THE VENDOR FROM WHOM YOU ACQUIRED IT WITHIN 10 DAYS FOR A REFUND OF THE FEE, IF ANY, YOU PAID FOR THE LICENSE.

This License governs ten (10) day evaluation licenses as well as all other licenses applicable to Optimum products. There is no fee for an evaluation license; all other licenses must be purchased from Optimum or its authorized resellers. Except as otherwise expressly provided herein, this License will also govern any Software updates and upgrades that may be provided to Licensee in accordance with Optimum’s then-current maintenance and support policies, unless such updates and upgrades are provided under separate license agreement. ANY OTHER SOFTWARE THAT MAY BE PROVIDED WITH THE SOFTWARE THAT IS ASSOCIATED WITH A SEPARATE LICENSE AGREEMENT IS LICENSED TO YOU UNDER THE TERMS OF THAT LICENSE AGREEMENT.

1. License. For purposes of this License, the term “Licensee” means the person, company or entity that uses the Software under this License. The Licensee must accept and agree to this License before downloading, installing, copying or using the Software. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

2. Software and Documentation. “Software” means the computer programs of the licensed software product(s) in the form and version(s) provided to Licensee, together with the associated media and corresponding Documentation. “Documentation” means the end user manual and other documentation (including print and “online”), if any, provided to Licensee with the Software.

3. Ownership. All title and intellectual property in and to the Software (including all copies of the Software made by Licensee) are owned by Optimum and its licensor(s). The Software is also protected by copyright law and other related intellectual property rights. The Software is licensed to Licensee, not sold.

4. Activation Key. To use the Software, Licensee must first obtain an “activation key” from Optimum or its authorized reseller. The activation key may be a printable digital key, a non-printable file, or any other mechanism used by Optimum for license activation purposes.

5. License. Subject to the terms and conditions of this License, Optimum grants to Licensee a nonexclusive, nontransferable license to use the Software. Licenses apply separately to each Software product. However, a special type of license can be seen the form of a product or package label or confirmation e-mail will be sent to the Licensee and will identify the Software licensed to Licensee under this License for a limited and restricted use.

a. Evaluation License - An Evaluation License is a “limited time,” “limited user” license that provides the Licensee an opportunity to try the Software before buying a full license. A temporary activation key will be issued to Licensee for this license. The Software may only be used for evaluation purposes. The Software is licensed to Licensee only for the specified evaluation period, which will begin on the date that the Software is first downloaded by or delivered to Licensee.

b. Not for Resale (NFR) Demo License - An NFR Demo license is a special type of “limited user” evaluation license that is provided exclusively to, and for use only by, Optimum channel and OEM partners to assist in demonstrating Optimum’s software to prospective customers. In the event the partner relationship with Optimum expires or is terminated, or the Partner no longer uses the license as intended, the NFR license will immediately terminate.

c. Technician and Consultant Licenses. Technician and Consultant Licenses are sold on a “per-individual” basis. Each license is restricted to a single individual (the “technician” or “consultant”) who is an employee or independent contractor of Licensee, and may not be transferred to or shared with any other individual. Licensee guarantees the technician’s compliance with this License. Use of the Software is limited to use by the technician (if an employee) within his/her scope of employment with Licensee, or use by the technician (if an independent contractor) within the scope of his/her services for Licensee. One Technician or Consultant License must be purchased for each technician involved in setting up, installing, imaging or configuring any managed computers. The computers on which the licensed technician uses the Software are Licensed Computers. Technician and Consultant Licenses do not allow any element of the software to be “left behind” on the Licensed Computers once the configuration tasks have been completed.

6. Copies. Licensee may make copies of the Software provided that any such copy: (i) is created as an essential step in the utilization of the Software on a Licensed Computer and is used in no other manner and on no computer which is not a Licensed Computer for that Software, or (ii) is only for archival purposes to back-up a Licensed Computer. All trademark, copyright and proprietary rights notices must be faithfully reproduced and included by Licensee on such copies. Licensee may not make any other copies of the Software. If obtained for evaluation purposes, at the end of the evaluation period, Licensee must erase all copies of the Software unless a license is purchased as provided above.

7. Restrictions. Optimum reserves all rights not expressly granted to the Licensee. Without limiting the generality of the foregoing, Licensee shall not: (i) disassemble, de-compile or otherwise reverse engineer the Software, or (ii) create derivative works based upon the Software, or (iii) rent, lease, sublicense, distribute, transfer, translate, modify or reprogram the Software, or (iv) timeshare the Software, make the Software available to others on the Internet, any BBS or any on-line service, or allow others to copy, access or use the Software

8. Limited Warranty. If (a) the Software does not substantially conform to its specifications in the Documentation, or if the physical media accompanying the Software is defective, or if Licensee is dissatisfied with the Software for any reason, and (b) if the Software (including all accompanying media, Documentation, packaging and materials) is returned by Licensee within 10 days of first receipt, then the payment made by Licensee to purchase the license shall be refunded to Licensee. Upon return, the License shall terminate and Licensee must immediately cease all use of the Software and remove and erase all copies of any Software from all computers and storage media and devices within the possession or control of Licensee. At Optimum’s request, Licensee will certify in writing to Optimum that Licensee has complied with section. In the event that the Software is licensed under an Evaluation License, there shall be no refund because an Evaluation License is free. In the event that Licensee purchases a Software license during or after evaluation of the Software under an Evaluation License, then there shall be no obligation to refund the payment made by Licensee to purchase the Software license (i.e., the 10 day evaluation period was Licensee’s 10 day limited warranty period). THIS LIMITED WARRANTY SHALL NOT APPLY TO SOFTWARE UPDATES AND UPGRADES. ALL UPDATES AND UPGRADES ARE LICENSED “AS IS,” WITHOUT WARRANTY OF ANY KIND.

9. Disclaimer of Warranties. OPTIMUM MAKES NO WARRANTY NOT EXPRESSLY SET FORTH IN THIS LICENSE. EXCEPT AS EXPRESSLY WARRANTED ABOVE, THE SOFTWARE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. OPTIMUM DISCLAIMS AND EXCLUDES ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ANY EXPRESS WARRANTY MADE OUTSIDE OF THIS LICENSE IS EXCLUDED AND SUPERSEDED. OPTIMUM DOES NOT WARRANT THAT THE SOFTWARE WILL SATISFY LICENSEE’S REQUIREMENTS OR THAT IT IS WITHOUT DEFECT OR ERROR OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR FREE.

10. Limitation of Liability. THE AGGREGATE LIABILITY OF OPTIMUM ARISING FROM OR RELATING TO THIS LICENSE OR USE OF THE SOFTWARE (REGARDLESS OF THE FORM OF ACTION OR CLAIM, SUCH AS CONTRACT, WARRANTY, TORT, STRICT LIABILITY, MALPRACTICE, AND/OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF ALL LICENSE FEES PAID BY LICENSEE FOR THE SOFTWARE LICENSE(S) GRANTED HEREUNDER. OPTIMUM SHALL NOT IN ANY CASE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUES, OR FOR LOSS OF COMPUTER PROGRAMS OR DATA, REGARDLESS OF THE FORM OF ACTION AND EVEN IF ALTIRIS HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.

11. Associated Software. There are software required to be downloaded and installed prior to successful installation and use of this Software. The software included in this product contains copyrighted software that is licensed under the GPL. A copy of that license is included in the software itself prior downloading. You may obtain the complete Corresponding Source code from us for a period of three years after downloading this Software or you may also find a copy of the source at http://dev.mysql.com/downloads.