LC Technology International License Agreement - SanDisk

RescuePRO Commercial - Plain English LicenseThis section briefly explains the major points of the following End User License Agreement (EULA). This software is licensed to be usedon a single computer owned by you or your organization, if you have multiple computers you are required to purchase multiple licenses.The subscription period is for 12 (twelve) months from the initial date of activation. In this Commercial Use License, you are permitted touse this software to recover images or data for other people for profit. This software should be treated as if it was published in paperbook form. You can store a backup copy of the software but cannot use two copies of the software at any one time. You are alsoagreeing that you will not attempt to discover how the software works internally or attempt to make a similar piece of software using thissoftware as a reference (Reverse Engineering). You are agreeing that you have paid for the right to use the software as described inthe EULA but do not own the software and the licensor retains all ownership of the software and its copyright, in fact the owner can,without affect to any other parts of the agreement, terminate the license at any time. Because you do not own the software you cannotrent it. If you transfer your license you must destroy all copies of the software in your possession and supply the new licensee withoriginal media and a copy of this license agreement. You also agree that this software is provided "as is" and while all reasonable effortwas made to ensure the product is of good quality the licensor makes no warranty to how the software performs or that it is suitable forthe purpose you intend to use it for. Please understand that if you wish to challenge this agreement you are agreeing to forfeit yourvenue and file all complaints in the Courts of Pinellas County Florida, USA and the United States District Court for the Middle District ofFlorida. There may be other issues that concern you, and this Plain English Section was not intended to replace legal consul but ratherto give brief overview of the some of the contents of the EULA. All terms of the EULA are NOT covered in the Plain English Section andtherefore the Plain English Section is not meant to replace the EULA rather to supplement it.Export NoticeU.S. Export Controls: You agree that you will not export or re-export these products to any country, person, entity or end user subject toU.S.A. export restrictions. Restricted countries currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Koreaand Syria. You warrant and represent that neither the U.S.A. Bureau of Export Administration nor any other federal agency hassuspended, revoked or denied your export privileges.Software License AgreementRead the terms and conditions of this license agreement carefully. The program is copyrighted and licensed (not sold). By downloadingor otherwise receiving a copy of the program, you are accepting and agreeing to the terms of this license agreement. This licenseagreement represents the entire agreement concerning the program between you and LC Technology International, Inc. (referred to as"licensor"), and it supersedes any prior proposal, representation, or understanding between the parties.1. GRANT OF LICENSE. This Agreement grants you the following rights:a) Software. You may install and use up to 1 (One) copy of the Software on a total of 1 (One) computer owned by an individual orcompany unless otherwise authorized in writing by LC Technology International, Inc. You are permitted to use this software to providerecovery services to other individuals or organizations for profit.b) Storage/Network Use. You may also store or install a copy of the Software on a storage device, such as a network server, used onlyto install or run the Software on your other computers over an internal network; however, you must acquire and dedicate a license foreach separate computer on which the Software is installed or run from the storage device. A license for the Software may not be sharedor used concurrently on different computers.c) License Pack. If you have acquired this Agreement in a LC Technology License Pack, you may make the number of additional copiesof the computer software portion of the Software authorized on the printed copy of this Agreement, and you may use each copy in themanner specified above.2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.a.) Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemblethe Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.b.) Separation of Components. The Software is licensed as a single product. Its component parts may not be separated for use onmore than one computer.c.) Rental. You may not rent or lease the Software.d.) Software Transfer. You may permanently transfer all of your rights under this Agreement, provided you retain no copies, you transferall of the Software (including all component parts, the media and printed materials, any upgrades, this Agreement, and, if applicable,the Certificate of Authenticity), and the recipient agrees to the terms of this Agreement. If the Software is an upgrade, any transfer mustinclude all prior versions of the Software.e.) Termination. Without prejudice to any other rights, LC Technology may terminate this Agreement if you fail to comply with the termsand conditions of this Agreement. In such event, you must destroy all copies of the Software and all of its component parts.3. UPGRADES. If the software is an upgrade from another product, whether from LC Technology or another supplier, you may use ortransfer the Software only in conjunction with that upgraded product, unless you destroy the upgraded product. If the Software is an

upgrade of a LC Technology product, you now may use that upgraded product only in accordance with this Agreement. If the Softwareis an upgrade of a component of a package of software programs that you licensed as a single product, the Software may be used andtransferred only as part of that single product package and may not be separated for use on more than one computer.4. COPYRIGHT. All title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video,audio, music, text, and applets incorporated into the Software, and any copies of the Software) are owned by LC TechnologyInternational, or as identified below immediately following this EULA.5. DUAL-MEDIA SOFTWARE. You may receive the Software in more than one medium. Regardless of the type or size of medium youreceive, you may use only one medium that is appropriate for your single computer. You may not use or install the other medium onanother computer. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of thepermanent transfer (as provided above) of the Software.6. US GOVERNMENT RESTRICTED RIGHTS. The Software and documentation are 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 TechnicalData 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 Software LC Technology International, Inc. 29750 US Hwy 19North, Suite 310, Clearwater Florida, USAGoverning LawYou agree that all matters relating to your access to, or use of, LC Technology International products shall be governed by the laws ofthe state of Florida. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts of Pinellas County inFlorida and the United States District Court for the Middle District of Florida, with respect to such matters.LIMITED WARRANTY:Licensor warrants, for your benefit alone, for a period of 90 days from the date of commencement of this License Agreement (referredto as the "Warranty Period") that the Program Diskettes or CD ROM in which the Software is contained are free from defects in materialand workmanship.NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LC Technology INTERNATIONAL,INC. AND THEIR SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOTLIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TOTHE SOFTWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, YOU MAY HAVE OTHERS, WHICH VARYFROM STATE/JURISDICTION TO STATE/JURISDICTION.NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENTSHALL LC TECHNOLOGY INTERNATIONAL, INC. OR THEIR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL,INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OFBUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS)ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF LC Technology HAS BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION ORLIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TOYOU.CUSTOMER REMEDIES. LC Technology International, Inc. and their licensors' entire liability and your exclusive remedy shall be, at LCTechnology's option, either a) return of the price paid, or b) repair or replacement of the Software or hardware that does not meet LCTechnology's Limited Warranty and which is returned to LC Technology with a copy of your receipt. This Limited Warranty is void iffailure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for theremainder of the original warranty period or thirty (30) days, whichever is longer.