EULA

personalVPN™ and personalVPN Pro™ End User License Agreement (EULA)

This License Agreement (the “Agreement”) applies to the WiTopia personalVPN™ v.2 and personalVPN Pro™ v.2 client software applications for both the Microsoft Windows and Mac OS X operating systems. The terms “personalVPN™ client” and “Software” refer to the personalVPN™ and personalVPN Pro™ clients for either operating system, unless more explicitly identified elsewhere in this Agreement.

In this Agreement, “You” refers to the active subscriber to the WiTopia personalVPN™ or PersonalVPN pro™ service installing or intending to install or use the Software. The terms “We,” “Us,” or “WiTopia” refer to WiTopia, Inc.

By installing, operating, distributing, or otherwise using the Software You acknowledge that You have read this Agreement, acknowledge it, and consent to be bound by the terms of this Agreement and becoming a party to it. If You do not agree to the terms of this Agreement, do not install or use the Software.

PROPRIETARY RIGHTS. The personalVPN™ client is not free software. It is licensed, not sold, to You exclusively for use in connection with the WiTopia personalVPN™ or personalVPN Pro™ services (“the Service”). The Software is protected by copyright laws and international treaty provisions, as well as other intellectual property laws and treaties.

LICENSE RESTRICTIONS. Except as expressly permitted in this Agreement, You MAY NOT:

    a. Sublicense, rent, or lease any portion of the Software; reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software;
    b. Use the Software in any manner not authorized by this license; nor
    c. Use the Software in a manner that violates WiTopia’s Terms of Use or Terms of Service as may be in effect at the time of Your use or any additional restrictions referenced or set forth elsewhere in this Agreement

LICENSE GRANT. Subject to the terms of this Agreement, We grant You a limited, personal, nonexclusive license to use the Software in accordance with this Agreement and WiTopia’s Terms of Service for the Service.

INDIVIDUAL LICENSE. If You have purchased an active individual subscription to the Service, You may:

    a. Make one copy of the Software for archival purposes, or copy the Software onto the hard disk of your computer and retain the original for archival purposes; and
    b. Install the Software on up to seven (7) of Your computers (or other computers upon which you are authorized to install software; and
    c. Use the Software to connect to the Service, provided that a total of no more than two (2) connections to the Service are in use at any one time per user account; and no other person will be making significant use of the Software on the computers upon which the Software is installed.

VOLUME LICENSE. A company or other organization may purchase a volume license. A volume license entitles the Software to be provided to the licensed number of users on Your WiTopia account, and the use of the licensed version of the Software for the duration of Your valid subscription to the Service. As long as the Software is not distributed to more than the licensed number of users for your account, you may:

    a. Distribute the Software to authorized users under Your WiTopia account as governed by the “REDISTRIBUTION” section of this Agreement;
    b. Install the Software on a computer used by one or more authorized users, not to exceed a total of seven (7) computers for each authorized user under your volume license;
    c. Make copies of the Software for backup or archival; and
    d. Allow an employee to install the Software on their home computer for use in the course of their employment, so long as this does not exceed the total number of installations described in item (b) under this Section.
    e. Allow the authorized users under Your WiTopia account to use the Software to connect to the Service, provided that a total of no more than two connections to the Service are in use at any one time per user account and no person other than a user authorized under Your WiTopia account will be making significant use of the Software on the computers upon which the Software is installed.

REDISTRIBUTION. With the exception of volume license situations as specifically described earlier in this Agreement, You may not distribute copies of the Software, either modified or unmodified, except for the following:

    a. You have a volume license for the Software and are distributing the Software client only to authorized users covered by Your volume license.
    b. Partners/resellers of WiTopia’s service may distribute the Software in accordance with the terms of their specific written agreement.
    c. For certain open source third party software components included in the Software, You may distribute source or object code for those components that permit this, only in accordance with the software license that applies to that particular component. Information on open source software included with the Software may be found in the “Third Party Software” section of this document.

UPGRADES. Upgraded versions of the personalVPN™ client may be announced automatically by the Software or on the WiTopia website. Upgrades may include additional features and/or bug fixes over previous releases.

THIRD PARTY SOFTWARE. The Software may include portions of code or other date that contain, or are derived from, software or other data developed by other persons or organizations. All use of such third party software is subject to and governed by the respective licenses for the software listed below.

Where a third party license requires that source code of a component be made available under licenses such as, but not limited to, the GNU General Public License and Apple Public Source License, WiTopia agrees to provide You a copy of the source code (and modifications if applicable) or other similarly licensed data upon request. To request source code under such a license, please email gpl-inquiries@witopia.net specifying the component for which source code is desired.

Portions of map images or other data from the OpenStreetMap Project may be covered by the Creative Commons Attribution-­‐ShareAlike 2.0 license, which may be referenced at http://creativecommons.org/licenses/by-­sa/2.0/.

Software components covered under this section may include:

For both Windows and Mac OS X versions:

    OpenVPN (and component dependencies), vpnc (and component dependencies)

Mac OS X version only:

    SSCrypto, Growl, Sparkle, EMKeychain, LoginItemsAE & ppp

For Windows version only:

    Cygwin (vpnc component), SparkleDotNet

Additional license information for third party software may be found as a part of the software installation on Your computer or on WiTopia’s Internet site at:

http://www.witopia.net/third-party-licenses

EXPORT. The Software may be subject to United States export controls. You may not export or re-export the Software without:

    a. The prior written consent of WiTopia,
    b. Complying with any applicable export control laws, and
    c. Obtaining all appropriate permits and licenses.

In any event, You may not transfer or authorize the transfer of the Software to:

    a. A prohibited territory, country or organization (currently including, without limitation Cuba, Iran, North Korea, Sudan and Syria, unless otherwise provided by U.S. law),
    b. Anyone on the U.S. Treasury’s lists of Specially Designated Nationals (including the Government of Iran, Government of Sudan, Government of Cuba, and prohibited members of the Cuban Communist Party),
    c. Any person or organization named on the United State’s Commerce Department’s Denied Parties List, Entity List, or Unverified List, or on the U.S. State Department’s Debarred List or Nonproliferation List, or
    d. Otherwise in violation of any applicable restrictions or regulations.

You understand and agree that the Service may contain information that is controlled and restricted from export by United States export controls. If WiTopia, in its sole discretion, determines that it cannot implement the Service in a manner to exclude access to Controlled Information where required, if You are in a country or territory that is subject to such regulation, You shall not be provided access to the Service, and as a result, do not have a valid license to the Software.

LIMITED WARRANTY AND LIMITATION OF REMEDIES. YOUR USE OF THE SOFTWARE AND SERVICE ARE AT YOUR OWN RISK. THE SOFTWARE AND SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR NONMISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION CONTENT, OR SYSTEM INTEGRATION. WE DO NOT WARRANT THAT THE SERVICE OR THE SOFTWARE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, ERROR-FREE, TIMELY OR COMPLETELY SECURE MANNER, OR THAT ERRORS OR DEFECTS WILL BE CORRECTED.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL WITOPIA, OR ITS AUTHORIZED PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR USE OF THE SERVICE OR SOFTWARE.

VENUE. This Agreement shall be governed by the Laws of the Commonwealth of Virginia. Exclusive jurisdiction and venue for all matters in this agreement shall be in courts located in Fairfax County, Virginia and you consent to such jurisdiction and venue.