TUXCARE COMMUNITY LICENSE AGREEMENT

CAREFULLY READ THIS COMMUNITY LICENSE AGREEMENT ("LICENSE AGREEMENT") BEFORE 
INSTALLING THESE PROGRAMS. THIS LICENSE AGREEMENT IS A LEGAL CONTRACT BETWEEN 
YOU AND CLOUD LINUX INC. ("CLOUDLINUX"), DOING BUSINESS AS TUXCARE ("TUXCARE") 
GOVERNING YOUR USE OF ANY PROGRAMS DOWNLOADED, INSTALLED OR USED BY YOU 
(THE "PROGRAMS"). TUXCARE IS UNWILLING TO LICENSE THE PROGRAMS EXCEPT ON THE 
TERMS CONTAINED IN THIS LICENSE AGREEMENT. THE ACT OF DOWNLOADING, INSTALLING 
OR USING THE PROGRAMS SHALL CONSTITUTE AN ACCEPTANCE BY YOU OF THE TERMS OF 
THIS LICENSE AGREEMENT. IF YOU DO NOT WISH TO AGREE TO THE TERMS OF THIS 
LICENSE AGREEMENT, PROMPTLY EXIT THE INSTALLATION NOW AND REMOVE IT FROM YOUR 
SYSTEM.

THIS LICENSE AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF TUXCARE'S 
OBLIGATIONS AND RESPONSIBILITIES TO YOU AS LICENSEE AND SUPERSEDES ANY OTHER 
PROPOSAL, REPRESENTATION, OR OTHER COMMUNICATION BY OR ON BEHALF OF TUXCARE 
RELATING TO THE SUBJECT.

1. BACKGROUND.
TUXCARE Product is made up of individual software components, each of which was 
individually written and copyrighted. Throughout this document, these 
components are referred to, individually and collectively, as the "Programs". 
Each Program has its own applicable end-user license agreement. Most of the 
Programs are licensed pursuant to an open source License Agreement that permits 
you to copy, modify, and redistribute the software, in both source code and 
binary code forms. To understand the applicable License Agreement for each 
Program, your rights under it, and to realize the maximum benefits available to 
you with TUXCARE Product, you must review the online documentation accompanying 
each Program. Nothing in this license agreement limits your rights under, or 
grants you rights that supersede, the terms of any applicable License 
Agreement.
TUXCARE Product itself is a collective work under U.S. copyright law. Subject 
to the trademark use limitations set forth in this License Agreement, TUXCARE 
grants you a license in the collective work pursuant to the GNU General Public 
License.

2. GRANT OF LICENSE.
TuxCare hereby grants to you, and you accept, license to the Programs (each of 
which may include multiple software components) pursuant to the GNU GPLv2. 
With the exception of certain trademarks listed in Section 3 below, Programs 
are governed by a license that permits you to run, copy, modify, and 
redistribute (subject to certain obligations in some cases) the software 
component.

3. PROTECTION OF PROPRIETARY RIGHTS.
The Programs, including source code, documentation, appearance, structure, 
and organization, are owned by TUXCARE and others and are protected under 
copyright law and other laws as applicable. Title to the Programs, or to any 
copy, modification, or merged portion thereof shall at all times remain with 
their respective owners, subject to the terms and conditions of the 
applicable license.

The "TUXCARE" trademark is owned by CLOUDLINUX while this License Agreement 
allows you to copy, modify and distribute the software, it does not permit you 
to distribute the software utilizing CLOUDLINUX trademarks and logos. 
If you make a commercial redistribution of the Programs and (a) you do not fall 
within an exception provided in CLOUDLINUX Logo and Trademark Usage Guidelines, 
(b) you have not concluded a Redistribution Agreement with CLOUDLINUX, or 
(c) you do not have a Trademark License Agreement with CLOUDLINUX, then you 
must modify the files containing CLOUDLINUX trademarks so as to remove all use 
of text or images containing the CLOUDLINUX trademarks. Note that mere deletion 
of those files may corrupt the Software.

4. LIMITED WARRANTY; EXCLUSIVE REMEDIES.
Limited Warranty: TUXCARE warrants that (i) the media on which the Programs 
are furnished will be free from defects in materials and manufacture under 
normal use of a period of 30 days from the date of delivery to you; and (ii) 
TUXCARE is the owner or authorized licensee of the Programs, or has the rights 
to license the Programs to you.

No person other than TUXCARE, in writing, is authorized to make any 
representation or warranty to you regarding the Programs.

5. DISCLAIMER; LIMITATION ON LIABILITY.
Disclaimer: THE LIMITED WARRANTY ABOVE IS THE SOLE WARRANTY MADE BY TUXCARE. 
TUXCARE MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED. 
ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE 
AN NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED BY TUXCARE.

Limitation on Consequential Damages: IN NO EVENT SHALL TUXCARE BE LIABLE TO 
YOU, AS LICENSEE, OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL OR 
INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR BUSINESS PROFITS, BUSINESS 
INTERRUPTION, LOSS OF BUSINESS INFORMATION OR SIMILAR LOSSES) EVEN IF 
TUXCARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TUXCARE SHALL HAVE 
NO LIABILITY OF ANY KIND RELATED TO YOUR DATA, INCLUDING, BUT NOT LIMITED TO, 
THE LOSS OR DAMAGE THEREOF.

Limitation on Liability: THE CUMULATIVE LIABILITY OF TUXCARE TO YOU FOR ALL 
CLAIMS RELATED TO THE PROGRAMS AND THIS LICENSE AGREEMENT, INCLUDING ANY CAUSE 
OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY SHALL NOT EXCEED THE 
TOTAL AMOUNT OF ALL LICENSE FEES (AND NO OTHER FEES) PAID TO TUXCARE FOR THE 
PROGRAMS DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE INITIAL 
EVENT GIVING RISE TO THE CLAIM.

All limitations on liability, damages and claims are intended to apply without 
regard to whether other provisions of this License Agreement have been 
breached or have proven ineffective.

6. EXPORT CONTROL.
You agree to comply with all applicable laws, regulations, rulings and 
executive orders of the United States relating to the exportation or 
importation of any copies of the Programs (including but not limited to the 
export and destination control regulations of the Commerce and Treasury 
Department) and with all applicable foreign laws relating to the use, 
importation, licensing or distribution of copies of the Programs.

You acknowledge that TUXCARE is subject to economic sanctions laws 
("Economic Sanctions Laws"), including but not limited to those enforced by 
the U.S. Department of the Treasury's Office of Foreign Assets Control 
("OFAC"), the European Union, and the United Kingdom. Accordingly, You shall 
comply with all Economic Sanctions Laws, including, but not limited to, those 
of the United States, the European Union, and the United Kingdom. You shall 
not provide access to the TUXCARE Products to any individuals identified on 
OFAC's list of Specially Designated Nationals ("SDN List"), the UK's HM 
Treasury's Consolidated List of Sanctions Targets, or the EU's Consolidated 
List of Persons, Groups, and Entities Subject to EU Financial Sanctions 
(collectively "Sanctioned Parties"). You shall not take any action which would 
place TUXCARE in a position of non-compliance with any such Economic Sanctions 
Laws. Furthermore, You represent and warrants that (i) you have not in the past 
been, and will not be in the future, be connected with any Sanctioned Parties, 
(ii) shall provide such information regarding any individual or entity which 
you do business within any location covered by Economic Sanction Laws upon 
request of TuxCare, and (iii) shall promptly advise TUXCARE of any activities 
which increases the risk of your's non-compliance with this Section 6 or 
TUXCARE's compliance with Economic Sanctions Laws.

You agree to indemnify and hold TUXCARE harmless from any loss, damages, 
liability or expenses incurred by TUXCARE as a result of your failure to 
comply with any export regulations or restrictions or otherwise fails to comply 
with this Section 6.

7. GENERAL.
This License Agreement shall be governed by and construed in accordance with 
the laws of the State of Delaware and the United States, without regard to any 
conflict of laws provisions. The rights and obligations of the parties to this 
License Agreement shall not be governed by the United Nations Convention on 
the International Sale of Goods.

No modification of this License Agreement shall be binding unless it is in 
writing and is signed by an authorized representative of the party against 
whom enforcement of the modification is sought; or in the event of TUXCARE 
updating this License Agreement; you agreeing to the modified terms through 
use of a click through process.

Any notices required or permitted under this License Agreement shall be in 
writing and delivered in person or sent by registered or certified mail, 
return receipt requested, with proper postage affixed.

In the event that any term of this License Agreement is or becomes or is 
declared to be invalid or void by any court or tribunal of competent 
jurisdiction, such term shall be null and void and shall be deemed severed 
from this License Agreement, and all the remaining terms of this License 
Agreement shall remain in full force and effect.
