PLEASE READ THIS EULA CAREFULLY. BY DOWNLOADING, OBTAINING A LICENSE KEY, INSTALLING, COPYING OR OTHERWISE USING SWSOFT'S PROPRIETARY SOFTWARE PRODUCTS PROVIDED WITH SWDN SUBSCRIPTION, YOU AGREE TO THE TERMS OF THIS END-USER LICENSE AGREEMENT FOR SWSOFT DEVELOPMENT NETWORK (SWDN) SUBSCRIPTION ("EULA" or "AGREEMENT"). IF YOU DO NOT AGREE, PLEASE DO NOT DOWNLOAD, INSTALL, COPY OR OTHERWISE USE THE SOFTWARE PRODUCTS AND, IF APPLICABLE, YOU MAY RETURN THE UNUSED SOFTWARE PRODUCTS TO THE VENDOR FROM WHICH YOU ACQUIRED IT WITHIN THIRTY (30) DAYS AND REQUEST A REFUND OF SWDN SUBSCRIPTION FEES, IF ANY, ALREADY PAID UPON SHOWING PROOF OF PAYMENT.

The installation, use and support of the SWDN Subscription are governed by this EULA, and the individual product EULAs embedded within the Software.

1. 1. THE SWSOFT DEVELOPER NETWORK SUBSCRIPTION.
   • 1.1 SWDN Subscription. The SWSOFT Developer Network Subscription is a program that grants a subscriber, solely during the term of its subscription, use of a suite of SWSOFT software products for software development and testing purposes, access to web-based support, and access to certain online content. The terms of such program and a subscriber's rights and obligations are set forth in this EULA and in related documents either referred to or incorporated herein. If you are not current in your license to SWDN Subscription, you are not authorized to use the Software, or have access to certain SWDN website and documentation.
   • 1.2 Legal Agreement. This EULA is a legal agreement between you (either an individual or a single entity) and SWSOFT, Inc. and its affiliates ("SWSOFT"). This EULA governs all benefits that are provided to you under SWDN Subscription: the Software, which includes computer software (including online and electronic documentation, product updates and product upgrades) and any associated License Keys, media and Documentation; SWDN Support; and certain access to the SWDN site.
   • 1.3 Definitions. "Documentation" means all product documentation, sample applications, manuals, user guides, tools and utilities, and miscellaneous technical information. "Software" means the generally available versions of certain SWSOFT products that are made available to you under SWDN Subscription during the term of a valid license to SWDN Subscription, and may include PLESK for Linux and Windows, (limited to five domains), HSPcomplete, Sitebuilder for Linux/Unix and Windows, VIRTUOZZO for Linux and Windows; provided that SWSOFT reserves the right to amend, alter or eliminate the availability of any such product under SWDN Subscription in its sole discretion. "License Key" means that certain software activation file and serial number issued to you by SWSOFT and required to activate and use the Software.
2. 2. LICENSE GRANT, SCOPE OF USE, RESTRICTIONS.
   • 2.1 Grant of License. Each valid and current license to SWDN Subscription must correspond to a uniquely identifiable, individual person or legal entity as identified to SWSOFT. SWSOFT grants to you a personal, nonexclusive, term license to use the Software solely for your internal software testing and development purposes.
   • 2.2 Scope of Use. The Software Products included in this SWDN Subscription may only be used while you have a valid and current license to SWDN Subscription and solely for your internal testing and development purposes. This means that these products may only be stored, copied, installed and operated within your internal development and testing environment. They may not be used in any staging, demonstration or production environments and they may not be used for provision of commercial hosting services. Each copy of a Software Product is activated by a license key on a single server (virtual or physical) owned, leased, or otherwise controlled by you, at a single time. If you have multiple license keys for a Software Product, you may make and use as many copies of the Software as you have license keys. The Software may not be used on or distributed to a greater number of computers than you have license keys. If you use or distribute the Software to multiple users, you must ensure that the number of users does not exceed the number of license keys you have obtained, or you will be in breach of this EULA.
   • 2.3 Product EULAS. Each Software product includes its own product EULA that is incorporated into this EULA, except to the extent that the terms of any product EULA are inconsistent with or contradictory to this EULA, in which case the terms of this EULA supersede.
   • 2.4 Copies and Modifications. You may not reverse engineer, decompile, disassemble, or otherwise translate the Software or any license keys you have obtained. You may not modify or adapt the Software or any license keys that you have obtained in any way. You may make one copy of the Software, the Documentation, and any license keys that you have obtained, solely for backup or archival purposes. Any such copies of the Software, Documentation, or license keys shall include any copyright or other proprietary notices that were included on such materials when you first received them. Except as authorized in this Section, no copies of the Software, Documentation, or license keys, or any portions thereof, may be made by you or any person under your authority or control.
   • 2.5 Assignment of Rights. You will not sublicense, lease, rent, or lend your rights in the Software, Documentation, or license keys, as granted by this EULA, with any third party without prior written consent of SWSOFT.
3. 3. INTELLECTUAL PROPERTY AND CONFIDENTIALITY.
   • 3.1 Proprietary Rights to Software and Trademarks. You acknowledge that the Software and the Documentation are proprietary to SWSOFT, and the Software and Documentation are protected under United States copyright law and international treaties. You further acknowledge and agree that, as between you and SWSOFT, SWSOFT owns and shall continue to own all right, title, and interest in and to the Software and Documentation, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. This EULA does not grant you any ownership interest in or to the Software or the Documentation, but only a limited right of use that is revocable in accordance with the terms of this EULA. Any and all trademarks or service marks that SWSOFT uses in connection with the Software or with services rendered by SWSOFT are marks owned by SWSOFT. This EULA does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
   • 3.2 Confidentiality. You shall permit only authorized users, who possess rightfully, obtained license keys, to use the Software or to view the Documentation. Except as expressly authorized by this EULA, you shall not make available the Software, Documentation, or any license key to any third party. You will use your best efforts to cooperate with and assist SWSOFT in identifying and preventing any unauthorized use, copying, or disclosure of the Software, Documentation, or any portion thereof.

4. 4. SUBSCRIPTION FEES.

   The annual subscription fee paid by you is paid in consideration of the license granted under this EULA. With paid subscription the Software will be available to you for use upon your receipt of one or more license keys.

5. 5. CANCELLATION OR NON-RENEWAL OF SUBSCRIPTION, AUDIT, TERMINATION.

   This EULAS shall continue for as long as you are in compliance with it or until otherwise terminated. You and or SWSOFT may terminate this EULA for any reason at any time. SWSOFT Inc. does not refund subscription fees if you cancel your subscription prior to the expiration of its annual term. If this EULA is terminated by SWSOFT prior to the expiration of the active subscription for any reason except your breach of this Agreement, SWSOFT will refund the pro rata amount of your unused annual subscription fee. If SWSOFT terminate this ELA because you breached any of the provisions of it, no such refund shall be made to you. If In the event of cancellation or non-renewal of your license to SWDN Subscription, you must return to SWSOFT or destroy all copies of the Software and verify such compliance with SWSOFT. Without prejudice to any other rights, SWSOFT reserves to right to audit your usage and compliance with this EULA at its reasonable discretion. SWSOFT may terminate this EULA if you fail to comply with the terms and conditions of this EULA.

6. 6. DISCLAIMER.

   THE SOFTWARE AND DOCUMENTATION ARE LICENSED "AS IS," AND SWSOFT DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT AUTHORIZED BY LAW. WITHOUT LIMITATION OF THE FOREGOING, SWSOFT EXPRESSLY DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE RESULTS OBTAINED FROM YOUR USE OF THE SOFTWARE. YOU SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SOFTWARE.

7. 7. LIMITATION OF LIABILITY.

   SWSOFT'S CUMULATIVE LIABILITY TO YOU OR ANY PARTY RELATED TO YOU FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS EULA SHALL BE LIMITED TO THE AMOUNT OF ONE YEAR SUBSCRIPTION FEE PAID TO SWSOFT BY YOU UNDER THIS EULA, BUT IN NO EVENT SUCH LIABILITY SHALL EXCEED US$500 IN THE AGGREGATE FOR ALL OCCURANCES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. IN NO EVENT SHALL SWSOFT BE LIABLE TO YOU OR ANY PARTY RELATED TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF SWSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. 8. GENERAL TERMS.
   • 8.1 Governing Law and Choice of Forum. This EULA shall be governed by and interpreted in accordance with the laws of the Commonwealth of Virginia, without regard to the conflicts of law rules thereof. Any claim or dispute arising in connection with this EULA shall be resolved in the federal or state courts situated within the Eastern District of Virginia. To the maximum extent permitted by law, you hereby consent to the jurisdiction and venue of such courts and waive any objections to the jurisdiction or venue of such courts.
   • 8.2 Severability. If any term or provision of this EULA is declared void or unenforceable in a particular situation, by any judicial or administrative authority, this declaration shall not affect the validity of enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation.
   • 8.3 Survival. Articles 2, 3, 6, 7, and 8 of this EULA and all Sections thereof, shall survive the termination of this EULA, regardless of the cause for termination, and shall remain valid and binding indefinitely.
   • 8.4 Headings. The Article and Section headings contained in this EULA are incorporated for reference purposes only and shall not affect the meaning or interpretation of this EULA.
   • 8.5 No Waiver. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
   • 8.6 Amendment. SWSOFT reserves the right, in its sole discretion, to amend this EULA from time to time. If there is a conflict between this EULA and the most current version of this EULA, posted at www.swsoft.com, will prevail. If you do not accept amendments made to this EULA, then this license will be immediately terminated pursuant to Section 5.

9. 9. UNITED STATES GOVERNMENT RESTRICTED RIGHTS.

   The Software and Documentation are provided with Restricted Rights. Use, duplication, or disclosure by the government is subject to restrictions as set forth in subparagraph (c)(f)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software-Restricted Rights at 48 C.F.R. S:52.227-19, as applicable.