LICENSE AGREEMENT

You should carefully read the following terms and conditions before using Athena FirePAC.  Your use of this software indicates your acceptance of this license agreement and warranty.  If you do not accept these terms you must cease using this software immediately.

COPYRIGHT
Athena FirePAC ("the Licensed Software") is copyright (c) 2008 by Athena Security, Inc., all rights reserved.

LICENSE GRANT
This is not free software.  You are hereby licensed to use the Licensed Software for evaluation purposes without charge for a period of no more than 30 days.  A permanent license is granted upon the purchase.

Athena Security, Inc. grants to Licensee a nonexclusive license to use the Licensed Software and Documentation under the terms and conditions set forth below.  This license does not include any rights to alter, sublicense others, or transfer in any way the Licensed Software or Documentation provided by Athena Security. Only Licensee, its employees and consultants and contractors who are on premises of the licensee for purposes related to the use of the software shall be allowed to use the Licensed Software.   

OWNERSHIP OF SOFTWARE
Licensee acknowledges that the Licensed Software and the Documentation are the exclusive property of Athena Security and that Licensee has no rights in the Licensed Software except those expressly granted by this Agreement, and that the Licensed Software shall not be used in any way not allowed by this Agreement.

CONFIDENTIALITY
Licensee acknowledges that the Licensed Software and Documentation constitute valuable trade secrets of Athena Security and are works on which Athena Security holds the sole and exclusive copyright.  Licensee agrees to use reasonable care to maintain and protect the confidentiality of the Licensed Software and Documentation identified as confidential and agrees not to disclose them or use them for any purpose not contemplated by this Agreement. Licensee agrees to use the same degree of care that it uses to protect its own confidential information of a similar nature. Licensee shall immediately notify Athena Security of any information which comes to its attention which indicates that there has been any loss of confidentiality of Athena Securitys trade secret information. Licensee agrees not to attempt to decompile, disassemble or otherwise reverse-engineer the Licensed Software or knowingly allow others to do so. 

RIGHT TO COPY SOFTWARE AND DOCUMENTATION
Licensee may make no more than one (1) copy of the Licensed Software.  Such copies shall be used only by Licensee and solely for backup purposes. 

Licensee shall include Athena Securitys copyright, trade secret, and confidentiality notices on all of its copies of the Licensed Software, and on all tangible media, such as disks, CD-ROMs, or DVDs upon which such copies are stored, in the same manner as provided on the materials received from Athena Security. 

WARRANTY AND LIMITATIONS
LIMITATIONS OF WARRANTY. ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED.

LIMITATIONS OF LIABILITY. IT IS UNDERSTOOD AND AGREED THAT ATHENA SECURITY HAS NO LIABILITY FOR ANY LOSSES SUFFERED BY LICENSEE. IN ADDITION, ATHENA SECURITY SHALL HAVE NO LIABILITY WHATSOEVER FOR SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) OF LICENSEE OR ANY THIRD PARTY, EVEN IF ATHENA SECURITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE TRANSACTIONS UNDER THIS AGREEMENT MAY BE BROUGHT BY LICENSEE MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.

LICENSEE MODIFICATIONS TO SOFTWARE
Licensee shall not have any right to alter or modify the Licensed Software.

DEFAULT
In the event Licensee breaches any of the terms of this Agreement, Athena Security may, at any time thereafter, give written notice of the breach to Licensee, and demand that the same be cured. In the event that such breach is not cured within thirty (30) days after notice, this Agreement shall terminate. Notwithstanding the foregoing, in the event Licensee breaches any of its obligations of confidentiality under this Agreement, Athena Security shall have the right to terminate the Agreement immediately upon notice to Licensee.

EVENTS UPON TERMINATION
Upon the termination of this Agreement, Licensee hereby agrees to immediately terminate its use of the Licensed Software, and to return to Athena Security all copies of the Licensed Software and Documentation. Licensee shall thereafter make no further use of the Licensed Software. Termination of this Agreement shall not relieve either party of the obligations arising hereunder before termination, including the responsibility for not disclosing the Licensed Software and the Documentation, and the responsibility for returning these items to Athena Security. The Licensee shall retain no means of reconstructing or reverse engineering the Licensed Software.

ASSIGNMENT
This Agreement may not be assigned by Licensee to any other person, firm, or corporation without the express written approval of Athena Security.

ENTIRE AGREEMENT
The parties have read this Agreement and agree to be bound by its terms, and further agree that it constitutes the entire and exclusive agreement of the parties and supersedes all previous communications, representations, or agreements, either oral or written, between them. No representations or statements of any kind made by any representative of Athena Security which are not stated herein shall be binding on Athena Security.
