WAIVER OF LIABILITY, NONDISCLOSURE, AND HOLD HARMLESS AGREEM

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WAIVER OF LIABILITY, NONDISCLOSURE, AND HOLD HARMLESS AGREEMENT 

In consideration for receiving the (the “Product”) produced by E-KNOX, LLC, I agree to, Waiver of Liability, Nondisclosure, and Hold Harmless Agreement. I agree not to disclose any Confidential Information to anyone other than E-KNOX LLC. I agree to not reverse engineer, disassemble or decompile any products provided by E-KNOX LLC. I, for myself, and on behalf of my family, estate, heirs, executors, trustees, personal representatives, successors and assigns, hereby release, waive, discharge and covenant not to sue E-KNOX LLC , its members, officers, stockholders, agents and employees (hereinafter referred to as “Releasees”) from any and all liability, costs or expenses, claims, demands, actions and causes of action whatsoever for any loss, damage or injury, including death, that may be sustained by me, my spouse, child/children, or to any persons or property belonging to me or under my care, custody or control, arising out of or relating to my participation in the purchase and use of E-KNOX LLC products while in any wherever, whenever, or however the same may occur, regardless of who is at fault and including as a result of the negligence or fault of any of the Releasees. IF I AM A CALIFORNIA RESIDENT, I WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” I acknowledge and understand that there are risks and hazards connected with participating in purchasing or using E-KNOX LLC products. I knowingly and voluntarily assume all such risks, both known and unknown, even if arising from the negligence of the Releasees, and assume full responsibility for participation in use of E-KNOX LLC products. I agree to use the utmost caution and care to avoid injury or damage to myself and others. I further agree that prior to participating in the use of E-KNOX LLC products, I will inspect the Products to be used, and if I believe anything is unsafe, I will immediately cease to use or install products and will inform E-KNOX with details within three days after receiving the products. I further agree to indemnify, save and hold harmless the Releasees and each of them, from any and all losses, liabilities, damages or costs they may incur due to my participation in use and or purchasing E-KNOX LLC products whether caused by the negligence of any or all of the products, or otherwise, and to reimburse the Released Parties for any costs and expenses, including, without limitation, attorneys’ fees, incurred in defending such actions. It is my express intent that this Agreement shall bind me, all members of my family, my heirs, assigns and personal representative and shall be deemed as a release, waiver, discharge and covenant not to sue the Releasees. I understand and agree that this Agreement, and all disputes arising out of or related hereto or in any way concerning the use of E-KNOX LLC products shall be governed by and construed under the laws of the State of California, United States of America, without reference to conflict of laws principles. All such disputes shall be subject to the exclusive jurisdiction of the state and federal courts located in Ventura County, California, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts. In any dispute related to the subject matter of this Agreement, the prevailing party in such dispute shall have the right to collect reasonable attorney’s fees and court costs from the other party. By purchasing and or use of E-Knox products I am signing this release, I acknowledge and represent that: I am at least eighteen (18) years of age and fully competent to sign this Agreement; and/or if participant is under eighteen (18) years of age, I am the parent or legal guardian of the minor(s) participating in the Test. I am of legal age and am freely signing this Agreement on behalf of the minor(s) participating in the Test, and intend my signature to be a complete and unconditional release of liability to the greatest extent allowed by law. I have read this Agreement and understand that by signing it, I am giving up legal rights and remedies on behalf of myself.. Code § 6710 (1994). ON BEHALF OF THE MINOR(S) AND MYSELF, I HAVE SIGNED THIS EVENT AGREEMENT BY PURCHASING E-KNOX PRODUCTS, AND I HEREBY AGREE TO AND GUARANTEE MINOR(S)’S PERFORMANCE OF AND COMPLIANCE WITH ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. No oral representation, statements or inducements, apart from the foregoing written Agreement, have been made; and I HAVE READ THE FOREGOING AGREEMENT, UNDERSTAND IT, AND AGREE VOLUNTARILY OF MY OWN FREE WILL.