End User License Agreement

PROSOFT Engineering, Inc. End User Software License including PERSONAL LICENSE, PROFESSIONAL LICENSE and ENTERPRISE LICENSE.

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT “LICENSE” CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.

1. License. The software and any fonts accompanying this License whether on disk, in read only memory, or on any other media (the “Prosoft Software”) are licensed, not sold, to you by Prosoft Engineering, Inc. (“Prosoft”). You own the media on which the Prosoft Software is recorded but Prosoft and/or Prosoft’s licensor(s) retain title to the Prosoft Software. The Prosoft Software in this package and any copies, which this License authorizes you to make, are subject to this License.

2. Transfer. Prosoft Engineering, Inc.’s software and hardware are not transferable. Licensee may not, and may not permit others to, directly or indirectly sell, rent, lease, loan, timeshare, or sublicense the Product. The transmission of Licensee’s user name, password or serial number to allow any person other than Licensee to use the software or hardware is expressly forbidden and failure to comply with this prohibition may result is the suspension or termination of the right to continue to use the Product or receive support.

3. Permitted Uses and Restrictions. This software is available in multiple license types including PERSONAL LICENSE, PROFESSIONAL LICENSE and ENTERPRISE LICENSE. These licenses hold separate restrictions based on product type. Please refer to the product type of the LICENSE:

PERSONAL LICENSE:

This License is only applicable for the home user who purchased the software and cannot be used within or for any organization. This License is to only be used by the home user on up to 5 drives or storage devices that are owned by the home user within one household and immediate family. It is not to be used as part of a business, in support of a business, nor any other type of compensated endeavor. The home user may make one copy of the Prosoft Software in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original. Except as permitted by applicable law and this License, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, sublicense, create derivative works from the Prosoft Software or transmit the Prosoft Software over a network. The home user’s rights under this License will terminate automatically without notice from Prosoft if the home user fails to comply with any term(s) of this License.

PaperByte™ License:

This PaperByte license entitles the original purchaser and immediate family members to use this software for personal, non-commercial use only. This software may be used for one or more data recoveries as long as the cumulative data recovered does not exceed your preset PaperByte data allowance as per terms of sale. You may purchase additional PaperByte data allowance through the software or via phone, please see www.prosofteng.com for details. The home user may make one copy of the Prosoft Software in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original. Except as permitted by applicable law and this License, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, sublicense, create derivative works from the Prosoft Software or transmit the Prosoft Software over a network. The home user’s rights under this License will terminate automatically without notice from Prosoft if the home user fails to comply with any term(s) of this License.

DATA RESCUE ONE ALL-IN-ONE PERSONAL LICENSE

This License is only applicable for the home user who purchased the pre-purchased software and cannot be used within or for any organization. This License is to only be used by the home user on storage devices that are owned by the home user within one household and immediate family and can recover up to the pre-purchased recovery allowance. It is not to be used as part of a business, in support of a business, nor any other type of compensated endeavor. The home user may make one copy of the Prosoft Software in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original. Except as permitted by applicable law and this License, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, sublicense, create derivative works from the Prosoft Software or transmit the Prosoft Software over a network. The home user’s rights under this License will terminate automatically without notice from Prosoft if the home user fails to comply with any term(s) of this License.

ANNUAL PROFESSIONAL LICENSE:

This Annual License allows a single professional user to install and use the Prosoft Software on any and all computers that the IT professional/company purchasing this software owns (at a single Location) as well as any client/co-worker/partner/student/company-owned computer or drive (located at the same site). This license is required by any type of business or organization in order to legally use the software. The user may make one copy of the Prosoft Software in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original. Except as permitted by applicable law and this License, the user may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, sublicense, create derivative works from the Prosoft Software or transmit the Prosoft Software over a network. Furthermore, as an IT professional user, the user may use this software (but not install the software) on client’s computers as needed to perform your professional duties. The user will receive free support and free upgrades on the purchased software within the annual time frame. The user’s rights under this agreement terminate automatically on the 1-year anniversary of original purchase order. Furthermore, your rights under this License will terminate automatically without notice from Prosoft if you fail to comply with any term(s) of this License.

DATA RESCUE ONE ALL-IN-ONE PROFESSIONAL LICENSE:

This Annual License allows a single professional user to install and use the Prosoft Software on any and all computers that the IT professional/company purchasing this software owns (at a single Location) as well as any client/co-worker/partner/student/company-owned computer or drive (located at the same site). This license is required by any type of business or organization in order to legally use the software. The user may make one copy of the Prosoft Software in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original. Except as permitted by applicable law and this License, the user may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, sublicense, create derivative works from the Prosoft Software or transmit the Prosoft Software over a network. Furthermore, as an IT professional user, the user may use this software (but not install the software) on client’s computers as needed to perform your professional duties. The user will receive free support and free upgrades on the purchased software within the annual time frame. The user’s rights under this agreement terminate automatically on the 1-year anniversary of original purchase order. Furthermore, your rights under this License will terminate automatically without notice from Prosoft if you fail to comply with any term(s) of this License.

ANNUAL ENTERPRISE LICENSE:

This Annual License is required within any type of business organization whom requires the deployment to employees. This License allows any employee of the ENTERPRISE (worldwide, including wholly-owned subsidiaries), for the duration of the contract, to install and use the Prosoft Software on any and all computers that the ENTERPRISE owns. The user may freely make copies of the software for distribution to employees within the ENTERPRISE provided the copies include all copyright and licensing information contained on the original. Except as permitted by applicable law and this License, the user may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, sublicense, create derivative works from the Prosoft Software or transmit the Prosoft Software over a network. This license is non-transferrable. You will receive free support and free upgrades on the purchased software within the annual time frame. Your rights under this agreement terminate automatically on the 1-year anniversary of original purchase order. Furthermore, your rights under this License will terminate automatically without notice from Prosoft if you fail to comply with any term(s) of this License.

2.5 Update and Upgrade Policy. Your license entitles you to any minor updates and enhancements that are made to the product from time-to-time. These updates will normally be in the form of version numbers who’s whole number is unchanged (i.e. 2.0-2.99). However, any major upgrades to the product will be made available to you at an additional cost. These upgrade will normally be in the form of version numbers who’s whole number is changed (i.e. 2.xx-3.0). Frequency, availability and cost of all updates and upgrades are determined at the sole discretion of Prosoft Engineering, Inc. However, timed licenses (such as the ANNUAL PROFESSIONAL and ANNUAL ENTERPRISE LICENSE) entitles you to both updates and upgrades throughout the duration of the license agreement.

3. Limited Warranty on Media. Prosoft warrants the media on which the Prosoft Software is recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this paragraph shall be, at Prosoftʼs option, a refund of the purchase price of the product containing the Prosoft Software or replacement of the Prosoft Software, which is returned to Prosoft or a Prosoft authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES AND/OR CONDITIONS ON THE MEDIA INCLUDING THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. PROSOFT SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.

4. Disclaimer of Warranty on Prosoft Software. You expressly acknowledge and agree that use of the Prosoft Software is at your sole risk. The Prosoft Software is provided “AS IS” and without warranty of any kind and Prosoft and Prosoft’s licensor(s) (for the purposes of provisions 4 and 5, Prosoft and Prosoft’s licensor(s) shall be collectively referred to as “Prosoft”). EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROSOFT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROSOFT SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE PROSOFT SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PROSOFT SOFTWARE WILL BE CORRECTED. FURTHERMORE, PROSOFT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PROSOFT SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PROSOFT OR A PROSOFT AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE PROSOFT SOFTWARE PROVE DEFECTIVE, YOU (AND NOT PROSOFT OR A PROSOFT AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

5. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PROSOFT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. **. Prosoft Engineering is not liable for any damages or loss that may occur during the use of Prosoft’s software including, but not limited to, user error or hardware failure. In no event shall Prosoft’s total liability to you for all damages exceed the amount paid for this License to the Prosoft Software.

6. Export Law Assurances. You may not use or otherwise export or reexport the Prosoft Software except as authorized by United States law and the laws of the jurisdiction in which the Prosoft Software was obtained. In particular, but without limitation, none of the Prosoft Software may be used or otherwise exported or reexported (i) into (or to a national or resident of) a United States embargoed country or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders. By using the Prosoft Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

7. Government End Users. If the Prosoft Software is supplied to the United States Government, the Prosoft Software is classified as “restricted computer software” as defined in clause 52.227-19 of the FAR. The United States Government’s rights to the Prosoft Software are as provided in clause 52.227-19 of the FAR.

8. Controlling Law and Severability. This License shall be governed by the laws of the United States and the State of California. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

Any litigation claims must be filled through the Alameda County Court System.

9. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Prosoft Software and supersedes all prior or contemporaneous understandings regarding such subject matter. Prosoft Engineering reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions will be effective immediately and incorporated into this Agreement. Your continued use of our software will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.