“Anonymizer Total Net Shield™”
End-User License Agreement

THIS END-USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND ANONYMIZER‚ INC. (“ANONYMIZER”) FOR PERSONAL NON–COMMERCIAL USE OF THE ANONYMIZER SOFTWARE THAT ACCOMPANIES THIS EULA (THE “SOFTWARE”) AND THE ANONYMIZER INTERNET–BASED NON–ATTRIBUTION SERVICES (THE “SERVICES”). PLEASE READ THIS EULA CAREFULLY BEFORE PURCHASING, DOWNLOADING OR USING THE ANONYMIZER SOFTWARE OR SERVICES. BY CLICKING THE “I AGREE” OR “YES” BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY‚ DOWNLOADING OR INSTALLING THE SOFTWARE‚ OR BY USING THE ANONYMIZER SOFTWARE OR SERVICES‚ YOU ARE INDICATING THAT YOU HAVE READ THIS EULA‚ THAT YOU UNDERSTAND IT‚ AND THAT YOU CONSENT TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS‚ INCLUDING BUT NOT LIMITED TO THE WARRANTY DISCLAIMERS‚ THE LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO THIS EULA‚ DO NOT CLICK ON THE “I AGREE” OR “YES” BUTTON OR OTHERWISE INDICATE YOUR ASSENT ELECTRONICALLY‚ AND DO NOT DOWNLOAD OR INSTALL THE SOFTWARE OR USE THE SOFTWARE OR THE SERVICES. IF YOU PURCHASED AN ANNUAL SUBSCRIPTION DIRECTLY FROM ANONYMIZER AND YOU DESIRE A REFUND‚ CONTACT ANONYMIZER CUSTOMER SERVICE USING THE CONTACT DETAILS IN SECTION 19 OF THIS EULA. IF YOU ACQUIRED YOUR ANNUAL SUBSCRIPTION FROM A RESELLER OR DISTRIBUTOR, CONTACT THAT RESELLER OR DISTRIBUTOR FOR INFORMATION ON HOW TO OBTAIN A REFUND. REFUNDS ARE NOT AVAILABLE FOR MONTHLY SUBSCRIPTIONS. REFUNDS ARE LESS ANY APPLICABLE TAXES EXCEPT IN CERTAIN STATES AND COUNTRIES WHERE TAXES ARE REFUNDABLE. ANY REQUEST FOR A REFUND FOR A PURCHASE MADE DIRECTLY FROM ANONYMIZER MUST BE MADE WITHIN FORTY-FIVE (45) DAYS FOLLOWING THE DATE OF PURCHASE. ANY REQUEST FOR A REFUND FOR A PURCHASE MADE FROM A RESELLER OR DISTRIBUTOR SHALL BE SUBJECT TO THE REFUND POLICIES (INCLUDING BUT NOT LIMITED TO TIME DEADLINES) OF THE RESELLER OR DISTRIBUTOR.

1. SUBSCRIPTION; GRANT OF LICENSE. The Software and Services and related documentation are the property of Anonymizer or its licensors‚ and are protected by copyright law. You are receiving a limited non–exclusive license to use the Software and Services during the Service Period. “Service Period” means the period commencing on the date you initially download the Software or access the Services‚ whichever first occurs‚ and lasting for the period of time set forth in the service plan offer and other transactional documentation in printed‚ electronic‚ or online form (the “Documentation”) pursuant to which you acquired your license from Anonymizer or from a reseller or distributor‚ subject to earlier termination as herein provided. Subject to your compliance with all terms and conditions of this EULA‚ Anonymizer grants you the right to install and use a copy of the Software on a maximum of two internet-enabled computers or hand-held devices‚ and to access and use the Software and Services on one such computer or hand held device at a time for personal, non-commercial use only‚ during the Service Period. Any commercial‚ non–personal usage is strictly forbidden under this EULA. Upon termination of the Service Period (or sooner termination of the license in accordance with the terms of this EULA or the Documentation) your right and ability to use and access the Software and Services will terminate‚ unless your subscription is renewed. IF YOU PURCHASED A LICENSE THROUGH THE ANONYMIZER WEBSITE‚ WWW.ANONYMIZER.COM‚ YOUR CREDIT CARD INFORMATION IS STORED AND YOUR SUBSCRIPTION IS SET TO RENEW AUTOMATICALLY BY CHARGING YOUR CREDIT CARD FOR THE THEN CURRENT SUBSCRIPTION RENEWAL FEE. Anonymizer reserves the right to decline to renew any subscription. ANONYMIZER RESERVES THE RIGHT TO INCREASE THE FEE FOR YOUR SERVICE PLAN AT ANY TIME EFFECTIVE UPON THE BEGINNING OF A NEW SERVICE PERIOD, BUT WILL GIVE YOU NO LESS THAN 30 DAYS OF ADVANCE NOTICE PRIOR TO INCREASING THE FEE. IN RENEWING (AUTOMATICALLY OR OTHERWISE) YOUR SUBSCRIPTION YOU AGREE TO ACCEPT ALL UPDATES TO THE EULA, TERMS OF USE AND DOCUMENTATION THAT MAY HAVE OCCURRED DURING THE SERVICE PERIOD. YOU MAY OPT OUT OF THE AUTOMATIC RENEWAL FEATURE‚ IN WHICH CASE YOUR SUBSCRIPTION WILL TERMINATE AT THE END OF THE SERVICE PERIOD (UNLESS SOONER TERMINATED IN ACCORDANCE WITH THE TERMS OF THIS EULA OR THE DOCUMENTATION.) TO OPT OUT OF THE AUTOMATIC RENEWAL FEATURE ‚ LOG IN TO THE ANONYMIZER WEBSITE‚ WWW.ANONYMIZER.COM‚ AND SELECT “CANCEL” IN MY SUBSCRIPTIONS. THIS WILL CANCEL YOUR SUBSCRIPTION AT THE END OF THE SERVICE PERIOD. YOU MAY ALSO OPT OUT OF THE AUTOMATIC RENEWAL FEATURE BY CALLING THE ANONYMIZER SUPPORT STAFF AT 888–270–0141.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. You may not use the Software or Services in any manner that could damage‚ disable‚ overburden‚ or impair such services or interfere with any other party’s use and enjoyment of them. You may not attempt to gain unauthorized access to any service‚ account‚ computer systems or networks associated with the Services. You may only use the Software and Services for personal‚ non–commercial purposes‚ and not in any way to provide‚ or as part of‚ any commercial service or application. You may not use the Software or Services: for the purpose of violating‚ or in a manner that violates‚ any foreign‚ federal‚ state or local law or regulation, including but not limited to copyright infringement laws; in a manner that infringes or violates any privacy‚ confidentiality‚ contractual or other rights of another; to transmit information that is defamatory‚ offensive‚ misleading‚ false‚ harmful to minors‚ or obscene; to gain unauthorized access to any service‚ account‚ computer system or network; or to transmit any viruses or programming routines intended to damage‚ surreptitiously intercept‚ or expropriate any system‚ data or personal information. In addition to the terms and conditions of this EULA and the Documentation you shall comply with the Terms of Use‚ http://www.anonymizer.com/legal/‚ applicable to use of Anonymizer’s websites if you use the Software or Services in conjunction with use of any Anonymizer website. Any failure to comply with said Terms of Use or Documentation shall constitute a breach of this EULA. Anonymizer reserves the right‚ in its sole discretion‚ to limit or deny access to specific Internet Ports or addresses if Anonymizer in its reasonable judgment believes such ports or addresses are being accessed in violation of this EULA or the Terms of Use.

3. EVENTS BEYOND ANONYMIZER’S CONTROL. Notwithstanding anything to the contrary contained in this EULA or elsewhere in the Documentation or any other document relating to the Software or Services‚ Anonymizer shall not be liable for any disruption in the Services caused by factors outside of Anonymizer’s control‚ including but not limited to‚ any problems with your computing or network infrastructure‚ hardware or software‚ problems with your Internet service provider (ISP)‚ or electrical outage. Without limiting the generality of the foregoing‚ Anonymizer shall not be held responsible for any Internet accessibility issues beyond the control of Anonymizer including but not limited to service outages by utility providers or other third party service providers‚ service outages affecting you or any Internet query target destination and any blocking or accessibility problems arising at any Internet query target destination.

4. SYSTEM CAPACITY; EXCESSIVE QUERIES TO A SINGLE URL. Anonymizer’s Services have sufficient capacity to accommodate average non–commercial use by its customers‚ but from time to time you may temporarily experience slower service‚ or service unavailability‚ during periods of extraordinarily heavy usage of the Anonymizer Services. No such temporary slowdown or unavailability shall constitute a breach or default by Anonymizer of its obligations hereunder. In addition‚ Anonymizer reserves the right to suspend or limit your use of the Services in the event you make use of the Services beyond normal non–commercial usage or any agreed bandwidth limitation set forth in the Documentation‚ or if you excessively access a particular URL target. You acknowledge that such suspension or limitation may be necessary to avoid having your use result in restricting‚ disrupting‚ degrading or impeding Anonymizer’s ability to deliver the Services to its other customers‚ or to avoid the blocking by a particular URL target of Internet Protocol addresses utilized by Anonymizer in providing Services to you and Anonymizer’s other customers. No such suspension or limitation of the Services by Anonymizer shall constitute a breach or default by Anonymizer of its obligations hereunder. Anonymizer reserves the right to establish specific bandwidth usage limitations determined in Anonymizer’s reasonable discretion as may be necessary in Anonymizer’s judgment to reduce or avoid degradation of the Services.

5. RESERVATION OF RIGHTS AND OWNERSHIP. Anonymizer reserves all rights not expressly granted to you in this EULA. The Software and Services are protected by copyright and other intellectual property laws and treaties. You agree that Anonymizer or its licensors own the title‚ copyright‚ and other intellectual property rights in the Software and Services. The Software and access to the Services are licensed‚ not sold‚ to you and are subject to the provisions of this EULA. This EULA does not grant you any rights to trademarks or service marks of Anonymizer.

6. LIMITATIONS ON REVERSE ENGINEERING‚ AND OTHER LICENSE RESTRICTIONS. You may not reverse engineer‚ decompile‚ or disassemble the Software or Services‚ except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. Except as otherwise specifically permitted in this EULA‚ you may not: modify or create any derivative works of the Software or Services; copy the Software; sublicense the Software or Services; transfer the Software under any circumstances; or remove or alter any Anonymizer trademark‚ logo‚ copyright or other proprietary notices‚ legends‚ or symbols. The Software and the Services provided to you by Anonymizer constitute confidential proprietary information of Anonymizer. You agree not to transfer‚ copy‚ disclose‚ provide or otherwise make available such confidential information in any form to any third party without the prior written consent of Anonymizer. You agree to implement reasonable security measures to protect such confidential information. You will use your best efforts to cooperate with and assist Anonymizer in identifying and preventing any unauthorized use‚ copying‚ or disclosure of any Anonymizer confidential information.

7. NO RENTAL/COMMERCIAL HOSTING. You may not rent‚ lease‚ lend or provide commercial hosting services with the Software or Services.

8. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates‚ supplements‚ add–on components‚ or Internet–based service components‚ of the Software and Services that Anonymizer may provide to you or make available to you after the date you obtain your initial copy of the Software‚ unless they are accompanied by separate terms. Anonymizer reserves the right to discontinue Services provided to you or made available to you through the use of the Software at the end of your Service Period.

9. PRIVACY; DATA PROTECTION. From time to time Anonymizer may collect and use personal information about you as detailed below in this Section.

   When you navigate our website‚ Anonymizer will gather certain information such as your Internet Protocol address‚ browser type‚ browser language‚ and the date and time of your visit. We may place a cookie on your computer‚ and use this information for our internal marketing purposes‚ to improve our website or our products and services‚ or to track abuse and spamming. Please note that your use of the Anonymizer websites is governed by the Anonymizer Terms of Use‚ which may be viewed at http://www.anonymizer.com/legal/. When you place an order‚ download software‚ respond to our promotional campaigns‚ request email technical support or otherwise communicate with us about our goods or services‚ we will gather‚ retain and use certain personal information you provide to us. For example‚ we may collect information such as your name‚ contact information including address and email address‚ credit card number‚ your billing and shipping address‚ and records of the kinds of products and services you have purchased from us or have started trial usage of. We will use this information to complete your order or validate your trial‚ respond to your request or communication‚ to assist us in providing our products and services to you‚ and to manage our relationship with you. By furnishing any such information to us‚ you expressly consent to the use of your information in accordance with the terms of this EULA privacy policy. For your protection‚ all information with respect to an order‚ including the credit card holder’s name‚ credit card number‚ expiration date‚ security code and billing address‚ is subject to verification prior to processing any order. This is to assist us in preventing fraud and the unauthorized use of credit cards‚ and to validate trial users. Records of your billing information are kept separately from records of your use of the Services because our billing system and Anonymizer privacy and security services operate independently, except to the extent your bandwidth usage is recorded for billing purposes.

   When you use the Software and Services‚ due to the configuration of Anonymizer’s systems‚ except as hereinafter provided‚ Anonymizer cannot correlate other than in real time any individual user with a visit of any individual website. Anonymizer may from time to time‚ in real time‚ observe and monitor usage of its Services such as traffic flow and pattern‚ in order to monitor the proper functioning of its systems‚ and to enforce Anonymizer’s Terms of Use. Anonymizer keeps no record of Internet Protocol addresses visited attributable to your account‚ except as provided in the following sentence. For troubleshooting purposes from time to time it may become necessary for Anonymizer‚ during limited and usually brief periods of time‚ to maintain usage data to assist Anonymizer in debugging its system‚ investigating fraud‚ illegal use‚ abuse or other violations of the license terms‚ or addressing other problems in its products or services. This usage data may include such information as the Web request‚ and the date and time of your login. This information is not retained once the troubleshooting is resolved.

   Anonymizer will not sell‚ rent‚ trade‚ or lease your personal information for marketing purposes. We may share information with third parties who furnish services necessary to provide you with the products and services offered by Anonymizer‚ including resellers and distributors‚ but only if these third parties agree to comply with our privacy policies and not use your personal data for any other purpose. Apart from this‚ we disclose personal information only when we have a good faith belief that access‚ use‚ preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law‚ regulation‚ legal process or enforceable governmental request‚ (b) enforce applicable terms of use or other contract rights‚ including investigation of potential violations thereof‚ (c) detect‚ prevent‚ or otherwise address fraud‚ security or technical issues (including abuse of our products or services by spamming or other abuses of netiquette‚ and use of our products or services to attack other systems or to gain unauthorized access to any other system) or (d) protect against imminent harm to the rights‚ property or safety of Anonymizer‚ our customers or the public. Please note that if Anonymizer sells all or a portion of its business or assets‚ Anonymizer reserves the right to transfer customer information to the acquirer as part of that acquisition.

   Note Regarding Data Transfer: The information you provide us may be transferred outside your country and across international borders for the purpose of processing and/or storage by Anonymizer‚ Inc.‚ its affiliates and agents. By submitting your information‚ you agree to that international transfer.

10. EXPORT RESTRICTIONS. You agree to comply with all applicable U.S. and foreign laws that apply to the Software and Services‚ including the U.S. Export Administration Regulations (“EAR”)‚ as well as end–user‚ end–use‚ and destination restrictions issued by U.S. and other governments. You acknowledge that the Software‚ Services‚ documentation and related technical data and services (collectively “Controlled Technology”) may be subject to the import and export laws of the United States‚ specifically the EAR‚ and the laws of any country where Controlled Technology is imported or re–exported. You agree to comply with all relevant laws and will not export any Controlled Technology in contravention to U.S. law nor to any prohibited country‚ entity‚ or person for which an export license or other governmental approval is required.

11. SEPARATION OF COMPONENTS. The Software and Services are licensed as a single product. Their component parts may not be used separately.

12. TERM AND TERMINATION. The Software and Services are licensed to you hereunder on a subscription basis. Your license to use the Software and Services will terminate at the end of the Service Period, subject to earlier termination as herein provided. Without prejudice to its other rights and remedies, Anonymizer may terminate the license rights granted to you without further obligation to you if you fail to comply with the terms of this EULA or the Terms of Use relating to use of Anonymizer’s web sites.

13. LIMITED WARRANTY; LIMITATION OF LIABILITY. YOU ACKNOWLEDGE THAT TOTAL NET SHIELD DOES NOT SECURE ALL PORTS AND PROTOCOLS. ANONYMIZER WARRANTS THAT THE SOFTWARE AND SERVICES WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THEIR DESCRIPTION AND ACCOMPANYING MATERIALS FOR A PERIOD OF THIRTY (30) DAYS FROM THE DATE OF PURCHASE, PROVIDED ANONYMIZER IS NOTIFIED IN WRITING OF THE DEFECT PRIOR TO THE EXPIRATION OF THE THIRTY DAY PERIOD. SUPPLEMENTS, UPDATES, SERVICE PACKS OR FIXES (IF ANY) PROVIDED TO YOU AFTER THE EXPIRATION OF THE THIRTY DAY LIMITED WARRANTY PERIOD ARE NOT COVERED BY ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY.

    IF AN IMPLIED WARRANTY OR CONDITION IS CREATED BY THE LAWS OF YOUR JURISDICTION AND APPLICABLE LAW PROHIBITS DISCLAIMER OF IT‚ YOU ALSO HAVE AN IMPLIED WARRANTY OR CONDITION‚ BUT ONLY AS TO DEFECTS CLAIMED IN WRITING TO ANONYMIZER DURING THE PERIOD OF THIS LIMITED WARRANTY (THIRTY DAYS). AS TO ANY DEFECTS CLAIMED AFTER THE THIRTY DAY PERIOD‚ THERE IS NO WARRANTY OR CONDITION OF ANY KIND. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS‚ SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF THIS LIMITED WARRANTY IS AS SET FORTH BELOW. EXCEPT FOR ANY MONETARY REFUND ELECTED BY ANONYMIZER, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, IF THE SOFTWARE OR SERVICES DO NOT MEET ANONYMIZER’S LIMITED WARRANTY, AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. ANONYMIZER’S AND ITS SUPPLIERS’, DISTRIBUTORS’ AND RESELLERS’ ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF THIS LIMITED WARRANTY OR FOR ANY OTHER BREACH OF THIS EULA, THE DOCUMENTATION OR FOR ANY OTHER LIABILITY RELATING TO THE SOFTWARE OR SERVICES SHALL BE, AT ANONYMIZER’S OPTION FROM TIME TO TIME EXERCISED SUBJECT TO APPLICABLE LAW, (A) RETURN OF THE AMOUNT PAID (IF ANY) FOR THE SOFTWARE AND SERVICES DURING THE SERVICE PERIOD IN WHICH THE BREACH FIRST OCCURED, IN WHICH CASE YOUR LICENSE SHALL BE TERMINATED, OR (B) REPAIR OR REPLACEMENT OF THE SOFTWARE AND SERVICES. YOU WILL RECEIVE THE REMEDY ELECTED BY ANONYMIZER WITHOUT CHARGE. THIS LIMITED WARRANTY IS VOID IF FAILURE OF THE SOFTWARE OR SERVICES HAS RESULTED FROM ACCIDENT, ABUSE, MISAPPLICATION, ABNORMAL USE, A VIRUS, OR VIOLATION OF THE TERMS OF THIS EULA OR THE DOCUMENTATION. ANY REPLACEMENT SOFTWARE WILL BE WARRANTED FOR THE REMAINDER OF THE ORIGINAL WARRANTY PERIOD OR FIFTEEN (15) DAYS, WHICHEVER IS LONGER, AND ANONYMIZER WILL USE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE YOUR REMEDY WITHIN A COMMERCIALLY REASONABLE TIME OF YOUR COMPLIANCE WITH ANONYMIZER’S WARRANTY REMEDY PROCEDURES.

    NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF ANONYMIZER AND ANY OF ITS SUPPLIERS, DISTRIBUTORS OR RESELLERS UNDER ANY PROVISION OF THIS EULA, THE DOCUMENTATION OR OTHERWISE RELATING TO THE SOFTWARE AND SERVICES, AND YOUR EXCLUSIVE REMEDY (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY ANONYMIZER WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE GREATER OF (1) THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE AND SERVICES FOR THE SINGLE SERVICE PERIOD DURING WHICH DAMAGES WERE FIRST INCURRED OR (2) U.S. $5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS AND SECTION 14 BELOW SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

14. DISCLAIMER OF WARRANTIES. THE LIMITED WARRANTY THAT APPEARS ABOVE IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES OR SIMILAR OBLIGATIONS (IF ANY) EXPRESS OR IMPLIED CREATED BY ANY ADVERTISING, DOCUMENTATION, PACKAGING, OR OTHER COMMUNICATIONS. EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANONYMIZER AND ITS SUPPLIERS, DISTRIBUTORS OR RESELLERS PROVIDE THE SOFTWARE AND SERVICES “AS IS” AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE THE SERVICES OR SUPPORT, OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE AND SERVICES. WITHOUT LIMITATION OF THE FOREGOING, ANONYMIZER DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, WILL BE VIRUS FREE, OR WILL BE ACCURATE, COMPLETE OR RELIABLE. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE AND SERVICES.

15. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANONYMIZER OR ITS SUPPLIERS, DISTRIBUTORS AND RESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR SERVICES OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE OR SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF ANONYMIZER OR ANY SUPPLIER, AND EVEN IF ANONYMIZER OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16. U.S. GOVERNMENT LICENSE RIGHTS. Any use, modification, reproduction release, performance, display or disclosure of the Software by the U.S. Government shall be solely in accordance with the terms of this EULA. The Software and Services constitute “commercial items” as defined in Federal Acquisition Regulation Section 2.101. This EULA constitutes a “contract for commercial items” for the purposes of Federal Acquisition Regulation (“FAR”) 12.211, and the Software and Services are provided with the commercial license rights and restrictions described elsewhere herein. The Software and related documentation constitute “commercial computer software” and “commercial computer software documentation” for the purposes of FAR 12.212 and Defense Acquisition Regulations (“DFARS”) Section 227.7202, as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of the Software, Services or related documentation by the U.S. Government shall be solely in accordance with the terms of this EULA.

17. APPLICABLE LAW. If you acquired this Software in the United States or Canada, this EULA is governed by the laws of the State of California. If you acquired this Software in the United States, you consent to the jurisdiction of the federal and state courts sitting in California in respect of any dispute which may arise hereunder. If you acquired this Software in Canada, unless expressly prohibited by local law, in respect of any dispute which may arise hereunder you consent to the jurisdiction of the federal and state courts sitting in California. If you acquired this Software in the European Union, Iceland, Norway, or Switzerland, then local law applies. If you acquired this Software in any other country, then the laws of the State of California apply, unless the laws of that country require that local law applies.

18. ENTIRE AGREEMENT; SEVERABILITY. This EULA is the entire agreement between you and Anonymizer relating to the Software and the Services and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the subject matter covered by this EULA. To the extent the terms of any Anonymizer policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

19. TECHNICAL SUPPORT; CONTACT INFORMATION. In connection with your use of the Software and Services you may choose to access certain technical support (“Technical Support”) that may be offered by Anonymizer. Any such Technical Support shall be provided in Anonymizer’s sole discretion without any guarantee or warranty of any kind. It is solely your responsibility to complete a backup of all your existing data, software and programs. In the course of providing any Technical Support, Anonymizer may determine that the technical issue is beyond the scope of its technical support capabilities. Anonymizer reserves the right to refuse, suspend or terminate any of the Technical Support in its sole discretion. To contact Anonymizer regarding this EULA or the Software or Services, or to renew your license subscription, send an email to Anonymizer at ts@anonymizerinc.com, or telephone Anonymizer at 1-888-270-0141.

©2012 Anonymizer, Inc. All rights reserved. Anonymizer, Anonymizer Anonymous Surfing, Anonymizer Anti-Spyware, Anonymizer Digital Shredder, Anonymizer Nyms, Anonymizer Total Net Shield, Anonymizer Universal and “Your Online Universe. Protected.” are trademarks or registered trademarks of Anonymizer, Inc.

TNS EULA 2-29-12