LexiGuard™ User's Manual

Protecting Private Information in a Public World ™

The software described in this manual is funished under a license agreement and may be used only in accordance with the terms of the agreement.

COPYRIGHT NOTICE

No part of this publication may be copied without the express written permission of Lexias Inc. 420 Lexington Ave. Suite 1609, New York, NY 10017

TRADEMARKS

LexiGuard, LexiCard are trademarks of Lexias Inc.
Java is a registered trademark of SUN Microsystems.
Windows 95/98/NT are registered trademarks of Microsoft Corporation.

LEXIAS LICENSE AND WARRANTY

LEXIAS LexiGuard™ SOFTWARE License and Warranty

The software which accompanies this license (the "Software") is the property of Lexias or its licensors and is protected by copyright law. While Lexias continues to own the Software, you will have certain rights to use the Software after your acceptance of this license.

END-USER LICENSE AGREEMENT FOR LEXIAS LexiGuard(tm) SOFTWARE

IMPORTANT—READ CAREFULLY:
This LEXIAS End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and LEXIAS Inc. for the LEXIAS software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the

SOFTWARE PRODUCT—you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the

SOFTWARE PRODUCT—if the SOFTWARE PRODUCT was purchased by you, you may return it to your place of purchase for a full refund.

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

GRANT OF LICENSE

The SOFTWARE PRODUCT is licensed as follows:

Installation and Use

LEXIAS grants you the right to install and use copies of the SOFTWARE PRODUCT on your computers running validly licensed copies of the operating system.

Backup Copies

You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.

DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

Maintenance of Copyright Notices. You must not remove or alter any copyright notices on all copies of the SOFTWARE PRODUCT.
Distribution. You may not distribute copies of the SOFTWARE PRODUCT to third parties.
Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
Transfer. You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA.
Support Services. LEXIAS may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the LEXIAS polices and programs described in the user manual, in "on line" documentation and/or other LEXIAS-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to LEXIAS as part of the Support Services, LEXIAS may use such information for its business purposes, including for product support and development. LEXIAS will not utilize such technical information in a form that personally identifies you.
Compliance with Applicable Laws. You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.

TERMINATION

Without prejudice to any other rights, LEXIAS may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT.

COPYRIGHT

All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by LEXIAS or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by LEXIAS.

U.S. GOVERNMENT RESTRICTED RIGHTS

The SOFTWARE PRODUCT is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(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 CFR 52.227-19, as applicable. Manufacturer is LEXIAS Inc. 420 Lexington Ave., Suite 1609, New York, NY 10017.

EXPORT RESTRICTIONS

You agree that you will not export or re-export the SOFTWARE PRODUCT to any country, person, entity or end user subject to U.S.A. export restrictions. Restricted countries currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria. You warrant and represent that neither the U.S.A. Bureau of Export Administration nor any other
federal agency has suspended, revoked or denied your export privileges.

WARRANTIES

LEXIAS expressly disclaims any warranty for the SOFTWARE PRODUCT. THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event shall LEXIAS or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCT or the provision of or failure to provide Support Services, even if LEXIAS has been advised of the possibility of such damages. In any case, LEXIAS's entire liability under any provision of this EULA shall be limited to the greater of the amount actually paid by you for the SOFTWARE PRODUCT; provided however, if you have entered into a LEXIAS Support Services Agreement, LEXIAS's entire liability regarding Support Services shall be governed by the terms of that agreement. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.

MISCELLANEOUS

This EULA is governed by the laws of the State of New York, U.S.A.

If you acquired this product in Canada, this EULA is governed by the laws of the Province of Ontario, Canada. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Province of Ontario and further agrees to commence any litigation which may arise hereunder in the courts located in the Judicial District of York, Province of Ontario.

If this product was acquired outside the United States, then local laws may apply.

If you have any questions concerning this EULA, or if you want to contact LEXIAS write or call:

420 Lexington Ave.
Suite 1609
New York, NY 10170
212-682-0100