IMPORTANT - THIS IS A LEGALLY BINDING AGREEMENT BETWEEN A.V.M. SOFTWARE, INC. ("AVM") AND YOU. IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE TERMS AND CONDITIONS REGARDING YOUR USE OF THE PALTALKï SOFTWARE, DOCUMENTATION AND ASSOCIATED MATERIALS ("SOFTWARE"). BY SELECTING "I AGREE", BY CONTINUING THE INSTALLATION, BY USING THE SOFTWARE OR BY SIGNIFYING YOUR ACCEPTANCE IN ANY OTHER WAY, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE THE SOFTWARE AND YOU SHOULD DISCONTINUE ANY FURTHER INSTALLATION OR USE THEREOF. LICENSE GRANT. AVM grants to you a non-exclusive, non-transferable license this copy of the Software solely for your personal use on any desktop or other fixed or portable computer. For purposes of this Agreement, the Software is considered to be "in use" when it is loaded into temporary memory (e.g., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM or other storage device) of such computer. OWNERSHIP. The Software is proprietary to AVM and protected by United States copyright and other laws, as well as international treaty provisions and you must treat the Software as any other copyrighted and legally protected material. You may not modify, adapt, translate, reverse engineer, decompile, disassemble the Software or create derivative works using or based on the Software, nor may you distribute, loan, rent, or lease, timeshare or use the Software to provide services for third parties, sublicense or transmit all or any portion of the Software, nor may you allow others to do so. AVM reserves all rights not expressly granted herein. AVM owns all right title and interest in and to the Software and nothing in this Agreement shall be construed to transfer, convey, impair or otherwise adversely affect AVMÕs ownership or proprietary rights therein or any other AVM information or materials, tangible or intangible, in any form and in any medium. NO REPRESENTATIONS OR WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND THIS AGREEEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AVM OR ANY OF ITS SUPPLIERS BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE, THE LICENSE OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, EVEN IF AVM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. U.S. GOVERNMENT RESTRICTED RIGHTS: The Software 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 A.V.M. Software, Inc., 747 Middle Neck Road, Great Neck, NY 11024. GOVERNING LAW. In enforcing, interpreting and for all other purposes, this Agreement will be governed by the substantive laws of the State of New York. If a court determines any remedy provided to you under this Agreement has failed of its essential purpose, the limitations of liability and exclusion of damages and warranties above shall not be affected and remain in full force and effect. The only way this Agreement can be modified is if an authorized representative of AVM agrees to do so in writing.