Epic Browser END-USER SOFTWARE LICENSE AGREEMENT

The accompanying executable code version of the Epic Browser and related documen
tation (the "Product") is made available to you under the terms of Epic's END-US
ER SOFTWARE LICENSE AGREEMENT (the "Agreement"). By clicking "Accept" or by inst
alling the Epic Browser or by using the Epic Browser, you are consenting to be b
ound by the agreement. If you do not agree to all the terms and conditions of t
his agreement, do not click accept, do not install Epic, and do not use Epic nor
any part of Epic.
During the use of the Epic Browser, you may be given the option of installing ad
ditional components for other software providers. The installation and use of t
hose components may be governed by additional license agreements.
1. LICENSE GRANT. Hidden Reflex, the parent of the Epic Browser, grants you a no
n-exclusive license to use the executable code version of the Product. This Agre
ement will also govern any software upgrades provided by Hidden Reflex that repl
ace and/or supplement the original Product, unless such upgrades are accompanied
by a separate license, in which case the terms of that license will govern. Th
e latest Agreement under which your usage of the Epic Browser is bound will be a
vailable at http://www.epicbrowser.com/terms.html
2. TERMINATION. If you breach this Agreement your right to use the Product will
terminate immediately and without notice, but all provisions of this Agreement e
xcept the License Grant (Paragraph 1) will survive termination and continue in e
ffect. Upon termination, you must destroy all copies of the Product.
3. PROPRIETARY RIGHTS. Portions of the Epic Browser are available in source code
form under the terms of the Mozilla Public License and other open source licens
es (collectively, "Open Source Licenses") at http://www.mozilla.org. Nothing in
this Agreement will be construed to limit any rights granted under the Open Sour
ce Licenses. Subject to the foregoing, the Epic Browser, for itself and on behal
f of its licensors, hereby reserves all intellectual property rights in the Prod
uct, except for the rights expressly granted in this Agreement. You may not remo
ve or alter any trademark, logo, copyright or other proprietary notice in or on
the Product. This license does not grant you any right to use the trademarks, se
rvice marks or logos of the Epic Browser or its licensors.
4. CONSENT TO USE OF DATA. You agree that Hidden Reflex may collect and use tec
hnical information gathered as part of the product and its support services prov
ided to you, if any, and that Hidden Reflex may use this information SOLELY to i
mprove our products and will never store nor disclose this information in any fo
rm that may personally identify you. The Epic Browser may offer at-request perso
nalized services which may require the storage of personal data. Such services
will be offered solely on an opt-in or at-request basis with your prior consent.
In limited cases, Hidden Reflex may share data related to your use of the Epic
Browser and its services, such cases include those: in which we have your cons
ent, in which we must satisfy any applicable law, regulation, legal process or e
nforceable governmental request, or in which to detect, prevent, or otherwise ad
dress fraud, security or technical issues.
5. DISCLAIMER OF WARRANTY. THE PRODUCT IS PROVIDED "AS IS" WITH ALL FAULTS. TO T
HE EXTENT PERMITTED BY LAW, HIDDEN REFLEX AND EPIC BROWSER DISTRIBUTORS, LICENSO
RS HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION WARRANTIES THAT THE PRODUCT IS FREE OF DEFECTS, MERCHANTABLE, FIT FO
R A PARTICULAR PURPOSE AND NON-INFRINGING. YOU BEAR ENTIRE RISK AS TO SELECTING
THE PRODUCT FOR YOUR PURPOSES AND AS TO THE QUALITY AND PERFORMANCE OF THE PRODU
CT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR
SOLE RISK AND THAT THE EPIC BROWSER AND ITS SERVICES ARE PROVIDED "AS IS" AND AS
AVAILABLE. HIDDEN REFLEX AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU TH
AT: YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, YOUR USE OF THE EPIC B
ROWSER AND ACCOMPANYING SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, PRIVATE
OR FREE FROM ERROR, ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF T
HE SERVICES WILL BE ACCURATE OR RELIABLE, AND THAT DEFECTS IN THE OPERATION OR F
UNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE COR
RECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SE
RVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPO
NSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA TH
AT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WH
ETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HIDDEN REFLEX, HIDDEN REFLEX SPOKESP
ERSONS OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY S
TATED IN THE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
6. LIMITATION OF LIABILITY. EXCEPT AS REQUIRED BY LAW, HIDDEN REFLEX AND ITS DIS
TRIBUTORS, DIRECTORS, LICENSORS, CONTRIBUTORS AND AGENTS (COLLECTIVELY, THE "HID
DEN REFLEX AND ASSOCIATES") WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDE
NTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING T
O THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING WITHOU
T LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF
DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WH
ICH SUCH CLAIM IS BASED. HIDDEN REFLEX AND ASSOCIATES' COLLECTIVE LIABILITY UNDE
R THIS AGREEMENT WILL NOT EXCEED THE FEES PAID BY YOU UNDER THIS LICENSE (IF ANY
). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CO
NSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY T
O YOU.
7. EXPORT CONTROLS. This license is subject to all applicable export restriction
s. You must comply with all export and import laws and restrictions and regulati
ons of your country or foreign agency or authority relating to the Product and i
ts use.
8. U.S. GOVERNMENT END-USERS. The Product is a "commercial item," as that term i
s defined in 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 (Sept. 1995) and 48 C.F.R. 227.7202 (June 1995). Consistent with 48 C.F.
R. 12.212, 48 C.F.R. 27.405(b)(2) (June 1998) and 48 C.F.R. 227.7202, all U.S. G
overnment End Users acquire the Product with only those rights as set forth here
in.
9. MISCELLANEOUS. (a) This Agreement constitutes the entire agreement between Hi
dden Reflex and you concerning the subject matter hereof, and it may only be mod
ified by a written amendment signed by an authorized executive of Hidden Reflex.
(b) Except to the extent applicable law, if any, provides otherwise, this Agree
ment will be governed by the laws of New Delhi, India, excluding its conflict of
law provisions. (c) This Agreement will not be governed by the United Nations C
onvention on Contracts for the International Sale of Goods. (d) If any part of t
his Agreement is held invalid or unenforceable, that part will be construed to r
eflect the parties' original intent, and the remaining portions will remain in f
ull force and effect. (e) A waiver by either party of any term or condition of t
his Agreement or any breach thereof, in any one instance, will not waive such te
rm or condition or any subsequent breach thereof. (f) Except as required by law,
the controlling language of this Agreement is English. (g) You may assign your
rights under this Agreement to any party that consents to, and agrees to be boun
d by, its terms; Hidden Reflex may assign its rights under this Agreement withou
t condition. (h) This Agreement will be binding upon and will inure to the benef
it of the parties, their successors and permitted assigns.