End-User Customer License Agreement

Important: MUKA DEVELOPMENT GROUP, LLC, licenses the enclosed Program to you only upon the condition that you accept all of the terms contained in this Customer License Agreement (the “Agreement”). Please read these terms carefully, because using this program indicates your acceptance of them. If you do not agree with these terms, then MUKA DEVELOPMENT GROUP, LLC, is unwilling to license the Program to you. In this event, you should return the UNOPENED, UNUSED Program to MUKA DEVELOPMENT GROUP, LLC, within 10 days after purchase for a full refund of the Program cost.

THIS IS A LICENSE. IT GIVES YOU CERTAIN LIMITED RIGHTS TO USE THE PROGRAM, PROGRAM COPIES AND DOCUMENTATION. MUKA DEVELOPMENT GROUP, LLC, RETAINS OWNERSHIP AND TITLE TO ALL OF THE PROGRAM, PROGRAM COPIES AND DOCUMENTATION AND ALL COPYRIGHTS AND OTHER PROPRIETARY RIGHTS THEREIN. ALL RIGHTS NOT SPECIFICALLY GRANTED TO YOU IN THIS AGREEMENT ARE EXPRESSLY RESERVED BY MUKA DEVELOPMENT GROUP, LLC.

1. Definitions.

As used in this Agreement, the following terms have the meanings indicated:

(a) “Program” means the computer software program recorded on the CD Rom(s) contained in this package, together with any updates, enhancements and modifications to such software program subsequently supplied to you directly or indirectly by MUKA DEVELOPMENT GROUP, LLC;

(b) “Program Copies” means all copies of all or any portion of the program, whether supplied by MUKA DEVELOPMENT GROUP, LLC or made by you;

(c) “Documentation” means all of the printed material contained in this package or subsequently supplied to you directly or indirectly by MUKA DEVELOPMENT GROUP, LLC for use with this Program.

2. Grant of License.

MUKA DEVELOPMENT GROUP, LLC hereby grants to you a limited, non-exclusive, non-transferable license to use the Program and Documentation on the terms and conditions set forth in this Agreement. The Program and Documentation and all copyrights and other proprietary rights therein are owned by MUKA DEVELOPMENT GROUP, LLC, are protected by United States copyright laws and international treaty provisions, and may not be used, reproduced, modified, distributed or transferred except as expressly provided in this Agreement.

YOU MAY:

(a) Load the Program into RAM and use it on a single computer. If you have obtained the Network version of the Program, you may use it on a LAN or other multi-user system, provided that the number of workstations using the Program at any one time may not exceed the number of workstations for which you have licenses from MUKA DEVELOPMENT GROUP, LLC, and the number of users of each Program does not exceed the number of users of that Program for which you have licenses from MUKA DEVELOPMENT GROUP, LLC;

(b) Install copies of the Program onto hard disk drives or similar storage devices only as necessary for use of the Program by the workstations referred to above;

(c) Make and maintain one (1) backup copy of the Program on diskettes (in addition to the original diskettes), provided this copy is used only for backup purposes and you keep possession of the backup copy at all times.

YOU MAY NOT:

(a) Make copies of the Program, except as specifically authorized above;

(b) Make copies of the documentation;

(c) Rent, lease, lend, sublicense, time-share or otherwise permit any other party to use the Program, Program Copies or Documentation or to exercise your rights under this Agreement;

(d) Alter, modify, translate, decompile, disassemble or reverse-engineer the Program, or make any attempt to undo or bypass the encryption of the Program code, or create any derivative work based upon the Program;

(e) Remove or obscure any copyright or trademark notices.

3. Additional Restrictions.

(a) All Program Copies made by you must reproduce and include the copyright and trademark notices embedded in the Program and appearing on the original CD labels;

(b) The Program is to be used exclusively for business purposes. It is not intended and may not be used for personal, family or household purposes;

(c) Any upgrade or enhancement of the Program subsequently supplied by MUKA DEVELOPMENT GROUP, LLC may be used only upon the destruction of the prior version of the Program. Unless otherwise specified in writing by MUKA DEVELOPMENT GROUP, LLC, all upgrades and enhancement, if any, supplied to you shall be governed by this Agreement;

(d) You may not sell, assign or otherwise transfer the Program to another party;

(e) Export of the Program is restricted by U.S. export regulations. Contact MUKA DEVELOPMENT GROUP, LLC for information regarding exportation of the Program.

4. U.S. Government Restricted Rights.

The Program, Program Copies and Documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subdivision (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at 48 CFR 252.227-7013, or in subparagraphs (c) (1) and (2) of the Commercial Computer Software – Restricted Rights clause at 48 CFR 52.227-19, as applicable. Contractor/Manufacturer is MUKA DEVELOPMENT GROUP, LLC 303 West Main Street, 3rd Floor, Freehold, New Jersey 07728.

5. Limited Warranty.

(a) For a period of ninety (90) days from the date the Program is delivered to the original licensee only, MUKA DEVELOPMENT GROUP, LLC warrants that the Program when properly used shall perform substantially in accordance with the Documentation. MUKA DEVELOPMENT GROUP, LLC does not warrant or represent that your use of the Program will be uninterrupted or error-free. If you report to MUKA DEVELOPMENT GROUP, LLC in writing within such ninety (90) day period any non-conformity between the Documentation and the Program, and if MUKA DEVELOPMENT GROUP, LLC is able to replicate and verify that such non-conformity exists, MUKA DEVELOPMENT GROUP, LLC shall make commercially reasonable efforts to correct such non-conformity and, if successful, shall supply you with such correction. The foregoing states your SOLE AND EXCLUSIVE REMEDY for any breach of this warranty;

(b) MUKA DEVELOPMENT GROUP, LLC warrants the CD-ROMs on which the Program is recorded to be free from defects in materials and workmanship under normal use and service for a period of ninety (90) days from the date the Program is delivered to the original licensee only. Your SOLE and EXCLUSIVE REMEDY under this warranty is limited to replacement of the defective CD-ROMs;

(c) OTHER THAN THE EXPRESS, LIMITED WARRANTIES STATED ABOVE, NEITHER MUKA DEVELOPMENT GROUP, LLC NOR ITS SUPPLIERS MAKE ANY OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE USE OF OR INABILITY TO USE THE PROGRAM, DOCUMENTATION OR CD-ROMs. Any such implied warranties shall in any event be limited in duration to the ninety (90) day period specified above. BUYER UNDERSTANDS AND AGREES THAT: (1) SOFTWARE IS LIKE ANY OTHER PRODUCT AND WILL NOT LAST FOREVER, (2) BUYER MUST REGULARLY UPGRADE SOFTWARE FOR A FEE, (3) MUKA DEVELOPMENT GROUP, LLC PROVIDES NO CUSTOMER SUPPORT FOR NONCURRENT VERSIONS OF MUKA DEVELOPMENT GROUP, LLC’S SOFTWARE.

6. Limitation of Liability.

Because software is inherently complex and may not be free from errors, you are advised to verify the work produced by the Program. NEITHER MUKA DEVELOPMENT GROUP, LLC NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY DEFECT IN THE PROGRAM, DOCUMENTATION OR CD-ROMs, EVEN IF MUKA DEVELOPMENT GROUP, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This means MUKA DEVELOPMENT GROUP, LLC is not responsible or liable for damages or costs incurred as a result of loss of use of the Program, nor for damages or costs incurred in connection with obtaining substitute software, claims by others, or similar costs. IN NO EVENT SHALL MUKA DEVELOPMENT GROUP, LLC’S LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM OR THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE LICENSE FEE ACTUALLY PAID TO MUKA DEVELOPMENT GROUP, LLC FOR YOUR COPY OF THE PROGRAM.

7. Other Limitations.

(a) MUKA DEVELOPMENT GROUP, LLC will have no responsibility under these warranties for any material or media that has been modified, lost, stolen, or damaged by accident, abuse or misapplication;

(b) No employee, agent or representative of MUKA DEVELOPMENT GROUP, LLC, nor any Authorized Reseller or Consultant or any other Third Party, is authorized to make any representation or warranty with respect to the Program, except those expressly stated in this Agreement.

8. Allocation of Risk.

You acknowledge and agree that this Agreement allocates risk between you and MUKA DEVELOPMENT GROUP, LLC as authorized by the Uniform Commercial Code and other applicable law, and that the pricing of MUKA DEVELOPMENT GROUP, LLC’s products reflects this allocation of risk and the limitations of liability contained in the Agreement. If any remedy hereunder is determined to have failed of its essential purpose, all limitation of liability and exclusion of damages set forth in the Agreement shall remain in full force and effect.

9. State Law Rights.

This Agreement gives you specific legal rights, and you may also have other rights, which vary from state to state. Some states do not allow the exclusion or limitation of implied warranties or of liability for incidental or consequential damages, so some of the above may not apply to you.

10. Term.

This Agreement is effective from the date you open the Program package, and continues in effect until terminated. You may terminate this Agreement at any time. This Agreement and the license granted herein will terminate automatically and without notice if you fail to comply with any term or condition of this Agreement. You agree upon termination to return the original Program CD-ROMs and Documentation to MUKA DEVELOPMENT GROUP, LLC and to destroy all other Program Copies in your possession.

11. General.

This Agreement represents the complete and exclusive understanding between you and MUKA DEVELOPMENT GROUP, LLC regarding the Program, Program Copies and Documentation, and supersedes any prior purchase order, confirmation, advertising, representation or other communication. This Agreement may not be modified except by a written agreement signed by an authorized MUKA DEVELOPMENT GROUP, LLC representative. If any provision of this Agreement is found to be void, invalid or unenforceable, it shall be severed from and shall not affect the remainder of this Agreement, which shall remain valid and enforceable. Any such severed provision shall be replaced with a similar provision, which conforms to applicable law and embodies as closely as possible the original intent of the parties. The internal laws of the State of New Jersey shall govern this Agreement. In the event of any legal action to enforce this Agreement, the prevailing party shall be entitled to recover its attorney’s fees and costs, in addition to any other legal and equitable relief granted.

12. Confidentiality.

MUKA DEVELOPMENT GROUP, LLC acknowledges that it will be necessary for Client to disclose certain confidential and proprietary information to us in order for us to perform duties under this Agreement. MUKA DEVELOPMENT GROUP, LLC acknowledges that any disclosure to any third party or any misuse of this proprietary or confidential information would irreparably harm Client. Accordingly, MUKA DEVELOPMENT GROUP, LLC will not disclose or use, either during or after the term of this Agreement, any proprietary or confidential information of Client without Client’s prior written permission except to the extent necessary to perform services on Client’s behalf. Proprietary or confidential information includes: 1) the written, printed, graphic or electronically recorded materials furnished by Client for MUKA DEVELOPMENT GROUP, LLC’s use, 2) any written or tangible information stamped “confidential”, “proprietary” or with a similar legend or any information that Client makes reasonable efforts to maintain the secrecy of, 3) business or marketing plans or strategies, customer lists, operating procedures, trade secrets, design formulas, know-how and processes, computer programs and inventories, discoveries and improvements of any kind, sales projections, pricing information, and 4) information belonging to customers and suppliers of Client about whom MUKA DEVELOPMENT GROUP, LLC gained knowledge as a result of MUKA DEVELOPMENT GROUP, LLC’s services to Client. MUKA DEVELOPMENT GROUP, LLC shall not be restricted in using any material which is publicly available, already in MUKA DEVELOPMENT GROUP, LLC’s possession or known to MUKA DEVELOPMENT GROUP, LLC without restriction, or which is rightfully obtained by MUKA DEVELOPMENT GROUP, LLC from sources other than Client. Upon termination of MUKA DEVELOPMENT GROUP, LLC’s services to Client, or at Client’s request, MUKA DEVELOPMENT GROUP, LLC shall deliver to Client all materials in MUKA DEVELOPMENT GROUP, LLC’s possession relating to Client’s business.