USE AGREEMENT: This Agreement is between KeyLlama and you, the user or installer of the KeyLlama keystroke recording device (the "Device"). Your installation or use of the Device indicates your consent to all of the terms of this Agreement. If you do not agree to any term of this Agreement, do not install the Device. Return the product with the plastic shell unopened to the place of purchase for a full refund.

PERMISSIBLE USES: The Device was designed and is to be used solely for parents to monitor what their children are doing on the computer and for businesses to monitor what their employees are doing on the computer (the "Permissible Uses").

IMPERMISSIBLE USES: The Device may not be used to violate the privacy rights of others, or to access or intercept electronic communications in violation of wiretap statutes, or to violate company regulations ("Impermissible Uses"). Impermissible Uses include, but are not limited to the following acts: retrieval of credit card information, passwords, personal and/or medical information, confidential and/or proprietary information, or trade secrets. Privacy and wiretapping laws change from time to time and vary from state to state. It is your responsibility to ensure that you are in compliance with federal, state, and local laws.

MUST POST NOTICE of MONITORING: If anyone other than you will be using the computer on which the Device is installed, you agree to post a notice visible to each user of the computer to the effect that (i) activities on this system may be monitored and recorded and (ii) that anyone using this system expressly consents to such monitoring and is advised that if such monitoring reveals possible evidence of unauthorized or criminal activity, such evidence may be provided to company or law enforcement officials.

SERIAL NUMBER FOR INVESTIGATING ILLEGAL ACTS: A unique serial number may be electronically stored in the Device to aid company and law enforcement officials in the investigation of any unauthorized or illegal acts that may be committed with the Device. You agree to permit KeyLlama to assist these officials by providing serial number and sales information and to download the data from the Device, as necessary in the course of the investigation. KeyLlama may request the assistance of its distributors and customers in providing information relating to the Device(s), and you agree to cooperate with such requests.

LICENSE: The Device contains software and firmware instructions (the "Program") on the internal microcontroller. The Device and Program are protected by copyright and other intellectual property laws. KeyLlama hereby grants you the right to: a) use the Program for the Permissible Uses in the United States for as long as you own the Device. b) view, copy, print and distribute copies of the output provided by the Device provided:(1) the output is used for informational purposes only; and

(2) any electronic or hardcopy of the output (or portion thereof) includes the following notice: Program and format of the output provided thereby are provided under license from KeyLlama. All Rights Reserved. c) This license is limited to the rights above. Therefore, you are expressly prohibited from taking any other action with the Device, including but not limited to: (1) modifying, reverse engineering, de-compiling or disassembling the Device or the Program; (2) make any attempts to defeat the code protection which is in place on the internal microcontroller; (3) make any attempts to read or copy the Program; (4) attempt to cut open the casing around the Device; (5) sell, rent, lease, lend, or sublicense the Device or otherwise transfer your rights to another, unless the recipient agrees to the terms of the Agreement.

LIMITED WARRANTY: KeyLlama warrants that the Device, if provided by KeyLlama, is free from defects in materials and workmanship and for one year from the date of original purchase of the Device, provided the Device was not subject to accident, abuse, or improper use. THIS IS A LIMITED WARRANTY AND ALL OTHER WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. KEYLLAMA’S SOLE LIABILITY FOR ANY BREACH OF THIS WARRANTY SHALL BE, IN KEYLLAMA 'S SOLE DISCRETION, TO REPAIR OR REPLACE YOUR DEVICE. KeyLlama will honor this warranty only if you inform KeyLlama of your problem with the Device in writing during the applicable warranty period including evidence of the date the Device was originally purchased.

INDEMNIFICATION: You agree to defend, indemnify, save and hold KeyLlama harmless from any and all claims, demands, liabilities, costs or expenses including direct, indirect, incidental or consequential damages and reasonable attorney's fees arising from use or installation of the Device, including claims of statutory violations, violation of right to privacy, [S5] loss of business, or loss of profit.

LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT, CONTRACT, OR OTHERWISE, SHALL KeyLlama OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR VIOLATION OF THE RIGHT TO PRIVACY, VIOLATION OF WIRETAPPING STATUTES, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES ARISING FROM USE OR INSTALLATION OF THE DEVICE. THE TOTAL LIABILITY OF KeyLlama IS THE PURCHASE PRICE OF THE DEVICE, EVEN IF KeyLlama SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.

EXPORT CONTROLS: You must adhere to export laws regarding the export of software using encryption functionality, which change from time-to-time. At minimum, you may not export or re-export the Device or the Program (i) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals, the U.S. Commerce Department's Table of Denial Orders, or any other person or entity denied export activity by the United States Government.

GOVERNING LAW: This Agreement shall be governed in all respects by the laws of the United States and the State of Michigan, except for conflict of laws provisions. The parties agree that for any dispute, controversy or claim arising out of or in connection with this Agreement, venue and personal jurisdiction shall be in the federal or state court with competent jurisdiction located in Ottawa County, Michigan.

SEVERABILITY: The provisions of this Agreement will be deemed severable, and the invalidity or unenforceability of any provision will not affect the validity or enforceability of another provision hereof.

ENTIRE AGREEMENT: This Agreement constitutes the entire agreement and understanding between the parties and may be amended only by a writing executed by both parties.

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