Xizzo 1.3

EULA - End User License Agreement

XIZZO END-USER LICENSE AGREEMENT

I. DEFINITIONS
This End-User License Agreement ("EULA") is a legal agreement between you ("User"), the end-user, and Xizzo.com, the manufacturer and copyrightowner, for the end-user's personal use of the Xizzo Password Manager ("Xizzo").

II. DISTRIBUTION
The installation program for Xizzo may be distributed freely throughonline media services, shareware and freeware web sites, bulletin boards, orother forms of electronic media, as long as all files are distributed unmodified and in their entirety.

III. PRIVACY POLICY
During the course of using Xizzo, User will be required to enter certain personal information, including but not limited to user names andpasswords. Xizzo.com has no access to this information, nor can we recover any dataif User's password is lost.

In addition, during registration of Xizzo, Xizzo.com collects through the Xizzo web site certain personal information, including but not limited to names, addresses, phone numbers, credit card numbers and email addresses.We DO NOT rent, sell, or share any information collected from User for registration purposes.

IV. RESTRICTIONS
User acknowledges and agrees that Xizzo contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Xizzo.com, User may not alter, modify, copy, reproduce, decompile, disassemble or reverse-engineer any portion of Xizzo, nor may User rent, lease, or sell Xizzo, whether for profit or not, nor create any derivative works based on Xizzo.

V. IDEMNITY
You agree to indemnify and hold Xizzo.com, and its subsidiaries,affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make availablethrough Xizzo, your use of Xizzo, your connection to Xizzo, your violation of the EULA, or your violation of any rights of another.

VI. LIMITATION OF LIABILITY
THIS SOFTWARE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANYKIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIESOF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. USER EXPRESSLY UNDERSTANDS AND AGREES THAT XIZZO.COM, INC., XIZZO.COM AND THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IFXIZZO.COM, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE XIZZO; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR ANY OTHER MATTER RELATING TO XIZZO.

VII. SCOPE
The EULA constitutes the entire agreement between Xizzo.com and User with respect to the use of Xizzo, and supersedes all prior agreements regarding such subject matter. No amendment to or modification of the EULA will be binding unless in writing and signed by an officer of Xizzo.com.

The EULA and the relationship between you and Xizzo.com shall be governedby the laws of the State of Arizona without regard to its conflict of law provisions. You and Xizzo.com agree to submit to the personal andexclusive jurisdiction of the courts located within the county of Maricopa, Arizona.

The failure of Xizzo.com to exercise or enforce any right or provision of the EULA shall not constitute a waiver of such right or provision. If any provision of the EULA is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the EULA remain in full force and effect.

User agrees that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Xizzo or the EULA must be filed within one (1) year after such claim or cause of action arose or be forever barred.

VIII. SECTION TITLES
The section titles in the EULA are for convenience only and have no legalor contractual effect.

Copyright (c) 2004-2009 Xizzo.com, Inc. All Rights Reserved.