1. READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING THIS 
PRODUCT ON YOUR NETWORK OR PERSONAL COMPUTER. THIS PRODUCT LICENSE AGREEMENT IS 
A LEGAL AGREEMENTz BETWEEN YOU (EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR 
ON BEHALF OF AN ENTITY AS ITS AUTHORIZED REPRESENTATIVE) ON THE ONE HAND, AND 
KEMP Technologies, INC. AND ITS SUBSIDIARIES AND AFFILIATES (COLLECTIVELY 
REFERRED TO AS 'KEMP') ON THE OTHER HAND, FOR THE HARDWARE AND/OR SOFTWARE 
PRODUCT ENTITLED 'LoadMaster,' WHICH INCLUDES PHYSICAL HARDWARE AND/OR COMPUTER 
SOFTWARE AND ANY ASSOCIATED MEDIA, PRINTED MATERIALS, AND/OR 'ONLINE' OR 
ELECTRONIC DOCUMENTATION (TOGETHER CALLED THE 'PRODUCT'). PLEASE READ THIS 
AGREEMENT CAREFULLY AND PRINT OUT A COPY FOR YOUR RECORDS. THIS AGREEMENT 
SUPERSEDES PREVIOUS VERSIONS.

BY INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT, YOU ACKNOWLEDGE THAT YOU 
HAVE READ THIS PRODUCT LICENSE AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. THE 
PRODUCT IS LICENSED, NOT SOLD, TO YOU FOR USE ONLY UNDER THE TERMS OF THIS 
AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS PRODUCT LICENSE AGREEMENT, 
DO NOT INSTALL OR USE THE PRODUCT AND DELETE ALL COPIES IN YOUR POSSESSION.

2. KEMP grants you a non-exclusive, non-transferable license to use one copy of 
the Product in the country in which you acquired the Product for your own 
personal or commercial use, but retains all property rights in the Product and 
all copies thereof. All other rights are expressly reserved by KEMP. You may: 
(i) use the Product on any supported computer configuration, provided the 
Product is used on only one (1) such computer; and (ii) permanently transfer the 
Product and its documentation to another user provided you retain no copies and 
the recipient agrees to the terms of this Agreement. You may not transfer, 
distribute, rent, sub-license, or lease the Product or documentation, except as 
provided herein; or alter, modify, or adapt the Product or documentation, or any 
portions thereof.

3. You acknowledge that the Product in source code form remains a confidential 
trade secret of KEMP. You agree not to modify or attempt to reverse engineer, 
decompile, or disassemble the Product, except and only to the extent that such 
activity is expressly permitted by applicable law notwithstanding this 
limitation.

4. OWNERSHIP: All right, title and interest and intellectual property rights in 
and to the Product (including but not limited to any titles, computer code, 
concepts, screen images, text and 'applets,' incorporated into the Product), the 
accompanying printed materials, and any copies of the Software, are owned by 
KEMP or its licensors. This Agreement grants you no rights to use such content 
other than as part of the Product.

5. This Agreement is effective upon your installation of the Product and shall 
continue until revoked by KEMP or until you breach any term hereof; upon 
termination you agree to destroy and/or delete all copies of the Product in your 
possession.

6. LICENSE RESTRICTIONS: You acknowledge that the foregoing license extends only 
to your use of the features and functionality of the Product as described in the 
documentation accompanying the version of the Software downloaded or Product 
obtained by you (the "Documentation"), and you agree not to reconfigure or 
modify the Product in order to enable features or functionality different than 
those described in such Documentation or available in other KEMP products 
without notifying KEMP and paying the applicable Product upgrade fee. You may 
not: (i) reverse engineer, decompile, or disassemble the Product; (ii) modify, 
or create derivative works based upon, the Product in whole or in part; (iii) 
distribute copies of the Product; (iv) remove any proprietary notices or labels 
on the Product; or (v) resell, lease, rent, transfer, sublicense, or otherwise 
transfer rights to the Product. Any use in violation of this Section shall 
immediately terminate your license to the Product.

7. TITLE: You agree that no title to the intellectual property in the Product, 
Subscription Services (as defined), or license keys is transferred to you. 
Title, ownership, rights, and intellectual property rights in and to the 
Product, Subscription Services, and license keys shall remain in KEMP and/or 
KEMP's licensors. The Product, Subscription Services and license keys are 
protected by intellectual property laws of the United States and other countries 
and by international treaties.

8. GENERAL: The Product is provided to you at minimal charge. KEMP does not 
guarantee that use of the Product will be uninterrupted or error-free. You 
acknowledge that performance of the Product may be affected by any number of 
factors, including without limitation, technical failure of the Product, the 
acts or omissions of third parties and other causes reasonably beyond the 
control of KEMP. Certain features of the Product may not be forward-compatible 
with future versions of the Product and use of such features with future 
versions of the Product may require purchase of the applicable future version of 
the Product.

9. AS IS SALE: YOU AGREE THAT KEMP AND ITS LICENSORS HAVE MADE NO EXPRESS 
WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING THE PRODUCT AND THAT THE PRODUCT 
IS BEING PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ACKNOWLEDGE 
THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT IS WITH 
YOU. SHOULD THE PRODUCT PROVE DEFECTIVE, YOU (AND NOT KEMP, THE RETAILER, OR ANY 
DISTRIBUTOR) ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS.

10. DISCLAIMER: KEMP DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS, 
IMPLIED, OR STATUTORY, INCLUDING, BUT WITHOUT LIMITATION, THE IMPLIED WARRANTIES 
OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A 
PARTICULAR PURPOSE. THIS WARRANTY DISCLAIMER AFFECTS YOUR LEGAL RIGHTS, AND YOU 
MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. SOME 
JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES OR LIMITATIONS ON 
HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

11. Limitation on Liability. EXCEPT FOR BODILY INJURY OF A PERSON, IN NO EVENT 
WILL KEMP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING OUT OF THE 
SUBJECT MATTER OF THIS AGREEMENT, THE PRODUCT OR ANY SERVICES UNDER ANY 
CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, FOR ANY INDIRECT, 
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), OR FOR 
LOSS OF OR CORRUPTION OF DATA, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR 
TECHNOLOGY, IRRESPECTIVE OF WHETHER KEMP HAS BEEN ADVISED OF THE POSSIBILITY OF 
SUCH DAMAGES. KEMP'S MAXIMUM LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE 
LICENSE FEES RECEIVED BY KEMP UNDER THIS LICENSE FOR THE PARTICULAR PRODUCT(S) 
WHICH CAUSED THE DAMAGES. Some jurisdictions do not allow the exclusion or 
limitation of incidental or consequential damages, so the above limitation or 
exclusion may not apply to You.

12. TERMINATION: This Agreement shall terminate automatically if you fail to 
comply with the terms of this Agreement. No notice shall be required from KEMP 
to effect such termination. You may also terminate this Agreement at any time by 
notifying KEMP in writing of termination. Upon any termination of this 
Agreement, you must uninstall and destroy all copies of the Product.

13. MISCELLANEOUS:
3.1 COMPLIANCE WITH EXPORT CONTROL LAWS: End User agrees to comply fully with 
all relevant export laws and regulations, including but not limited to the U.S. 
Export Administration Regulations and regulations promulgated by the U.S. 
Department of the Treasury's Office of Foreign Assets Control ("OFAC"), as 
amended from time to time (collectively, the "Export Control Laws"). End User 
agrees not to export or reexport the Product to any parties located in any 
E:1countries which are specifically prohibited under U.S. embargoes or sanctions 
programs maintained by the OFAC or otherwise prohibited under the Export Control 
Laws. The current list of E:1 Countries is available at the following link 
http://www.bis.doc.gov/index.php/forms-documents/doc_view/452-supplement-no-1-to-part-740-country-groups

13.2 U.S. GOVERNMENT RIGHTS: The Product under this Agreement is commercial 
computer product as that term is described in 48 C.F.R. 252.227-7014(a)(1). If 
acquired by or on behalf of a civilian agency, the U.S. Government acquires this 
commercial computer product and/or commercial computer product documentation 
subject to the terms of this Agreement as specified in 48 C.F.R. 12.212 
(Computer Product) and 12.211 (Technical Data) of the Federal Acquisition 
Regulations ("FAR") and its successors. If acquired by or on behalf of any 
agency within the Department of Defense ("DOD"), the U.S. Government acquires 
this commercial computer product and/or commercial computer product 
documentation subject to the terms of this Agreement as specified in 48 C.F.R. 
227.7202-3 of the DOD FAR Supplement ("DFAR") and its successors.

13.3 GOVERNING LAW: This Agreement will be governed by the laws of the State of 
New York as they are applied to agreements between New York residents entered 
into and to be performed entirely within New York. The United Nations Convention 
on Contracts for the International Sale of Goods is specifically disclaimed.

13.4 ENTIRE AGREEMENT: You agree that this is the entire agreement between you 
and KEMP, and that it supersedes any prior agreement, whether written or oral, 
and all other communications between KEMP and you relating to the subject matter 
of this Agreement. This Agreement may be amended, modified or supplemented only 
by a writing that is signed by the authorized representatives of both parties.

13.5 RESERVATION OF RIGHTS: All rights not expressly granted in this Agreement 
are reserved by KEMP.

14. INJUNCTION. Because KEMP would be irreparably damaged if the terms of this 
License Agreement were not specifically enforced, you agree that KEMP shall be 
entitled, without bond, other security or proof of damages, to appropriate 
equitable remedies with respect to breaches of this Agreement, in addition to 
such other remedies as KEMP may otherwise have under applicable laws.

15. INDEMNITY. At KEMP's request, you agree to defend, indemnify and hold 
harmless KEMP, its subsidiaries, affiliates, contractors, officers, directors, 
employees, agents, licensors, licensees, distributors, developers, content 
providers, and other users of the Product, from all damages, losses, 
liabilities, claims and expenses, including attorneys' fees, arising directly or 
indirectly from your acts and omissions to act in using the Product pursuant to 
the terms of this License Agreement or any breach of this License Agreement by 
you. KEMP reserves the right, at its own expense, to assume the exclusive 
defense and control of any matter otherwise subject to indemnification by you 
hereunder, and in such event, you shall have no further obligation to provide
indemnification for such matter.

16. TERMINATION. Without prejudice to any other rights of KEMP, this License 
Agreement and your right to use the Product may automatically terminate without 
notice from KEMP if you fail to comply with any provision of this Agreement or 
any terms and conditions associated with the Product. In such event, you must 
destroy all copies of this Product and all of its component parts.

17. GENERAL PROVISIONS. You may not use, copy, modify, sublicense, rent, sell, 
assign or transfer the rights or obligations granted to you in this Agreement, 
except as expressly provided in this Agreement. Any assignment in violation of 
this Agreement is void, except that you may transfer your Product to another 
person provided that person accepts the terms of this License Agreement. If any 
provision of this Agreement is held to be unenforceable for any reason, such 
provision shall be reformed only to the extent necessary to make it enforceable, 
and such decision shall not affect the enforceability of: (i) such provision 
under other circumstances, or (ii) the remaining provisions hereof under all 
circumstances. KEMP's failure to enforce at any time any of the provisions of 
this Agreement shall in no way be construed to be a present or future waiver of 
such provisions, nor in any way affect the right of any party to enforce each 
and every such provision thereafter. The express waiver by KEMP of any 
provision, condition or requirement of this Agreement shall not constitute a 
waiver of any future obligation to comply with such provision, condition or 
requirement. Notwithstanding anything else in this Agreement, no default, delay 
or failure to perform on the part of KEMP shall be considered a breach of this 
Agreement if such default, delay or failure to perform is shown to be due to 
causes beyond the reasonable control of KEMP. This Agreement represents the 
complete agreement concerning this License Agreement between you and KEMP.

