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SecoVault LLC, License Agreement

SecoVault LLC END USER LICENSE AGREEMENT

SecoVault LLC END USER LICENSE AGREEMENT THIS END USER LICENSE AGREEMENT ("Agreement") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS AUTHORIZED REPRESENTATIVE) AND SecoVault, LLC ("SecoVault") for the software that accompanies this agreement ("Software"). PLEASE READ THIS AGREEMENT CAREFULLY AND PRINT OUT A COPY FOR YOUR RECORDS. THIS AGREEMENT SUPERSEDES PREVIOUS VERSIONS. BY CHECKING THE AGREEMENT CHECKBOX BELOW AND DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING SecoVault' SOFTWARE YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, CLICK ON THE "CANCEL" BUTTON AND/OR DO NOT DOWNLOAD, INSTALL, COPY OR OTHERWISE USE THE SOFTWARE.

SecoVault LLC reserves the right to update and change, from time to time, this Agreement and all documents incorporated by reference without notice or liability to you. You agree to be bound by the Agreement as modified. You can find the most recent version of this Agreement at the SecoVault LLC's web site. SecoVault LLC may change this Agreement by posting a new version without notice to you. Use of the Software after such change constitutes acceptance of such changes.

SOFTWARE: As used in this Agreement, the term "Software" refers to the SecoVault LLC Software (SecoBackup, S3SQL) which you have selected to download or install from the media. The term "Software" also shall include any upgrades, modified versions or updates of the Software made available to you by SecoVault LLC as well any and all files included in the Software such as documentation and help. The Software is deemed accepted by you upon download and installation of the Software. The term "Software" also includes any third party Software made available to you by SecoVault.COMPANY: As used in this Agreement, the term "Company" refers to the SecoVault LLC.

FEEDBACK We (Company) welcome your feedback. You acknowledge that feedback concerning your experiences with this Software is essential to the improvement of the this Software. You agree that SecoVault LLC may contact you by telephone, electronic mail, or other means, to solicit your feedback concerning your experiences with the Software. You agree that SecoVault, LLC may use in any manner and without limitation all comments, suggestions, complaints and other feedback you provide relating to the Software.

EXPORT CONTROL You confirm that, -You are not a citizen, national, or resident of, and are not under control of, the government of Cuba, Iran, Sudan, Libya, North Korea, Syria, nor any country to which the United States has prohibited export. -You will not download or otherwise export or re-export the Programs, directly or indirectly, to the above mentioned countries nor to citizens, nationals or residents of those countries. -You are not listed on the United States Deppartment of Treasury lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, nor are you listed on the United States Department of Commerce Table of Denial Orders. You will not download or otherwise export or re-export the Programs, directly or indirectly, to persons on the above mentioned lists. You will not use the Programs for, and will not allow the Programs to be used for, any purposes prohibited by United States law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction.

EXPORT RESTRICTIONS You agree that U.S. Export control laws and other applicable export and import laws govern use of this software. You agree that the software will not be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation. You shall not export the Software or your application containing the Licensed Software except in compliance with United States export regulations and applicable laws and regulations.

GRANT OF LICENSE: Subject to the terms of this Agreement, SecoVault LLC hereby grants you a non-exclusive and non- transferable limited right to use this Software in binary object form: (i) install the Software on up to 1 computer (if more than 1 computer are needed to be protected, a license needs to be purchased, see the company website for details). (ii) use the Software for your internal use up to 4 months (if more than 4 months is required, a license needs to be purchased, see the company website for details). (iii) You are forbidden from using the this Software for any other use or otherwise offering it for resale (iv) You are forbidden to publish performance test results with our Software without our prior permission from us (v) The Software is licensed as a single product. Its component parts may not be separated for use on more than one computers. (iv) SecoVault LLC retains all rights not specifically and not expressly granted to you herein. The Software is protected by copyright and other intellectual property laws and treaties. SecoVault LLC owns the title, copyright, and other intellectual property rights in the Software. The Software is licensed and not sold. In addition, you must indemnify SecoVault LLC from and against any claims or lawsuits, including attorney's fees that arise from the licensing, use or distribution of the "Software". You also agree to indemnify and hold SecoVault LLC harmless from any claim or demand, made by any third party in connection with or arising out of your use of the Software, your violation of any terms or conditions of this Software License, your violation of any applicable laws, or your violation of any rights of another person or entity. (v) You agree to use this software as test software only and you do not use it for production or business environments or to store important data or in life-affecting situations. Encryption or any other features should not be used for critical business affecting information. If strong encryption is desired, please contact sales for a FIPS compliant encryption version of the product.

THIRD PARTY PRODUCTS The Software may contain software which originated with third party vendors and without limiting the general applicability of the other provisions of this Agreement, you agree that (a) the title to any third party Software incorporated in the Software shall remain with the third party which supplied the same; and (b) you will not distribute any such third party Software available with the Licensed Software, in any manner, unless the license of the third party Software states otherwise. The details of the licenses for third party products used can be found in tplicense.txt file. (c) We do not indemnify the licensee for the third party software that may be included as a part of the Licensed software.

ADDITIONAL SOFTWARE/SERVICES. UPGRADES. This agreement applies to updates, supplements, add-on components, or Internet-based components of the Software that SecoVault LLC may provide to you or make available to you after the date you obtain your initial copy of the Software unless they are accompanied by separate terms. To use Software identified as an upgrade, you must first be licensed for the Software to be eligible for the upgrade as identified by SecoVault. After installing the upgrade, you may no longer use the original Software that formed the basis for you upgrade eligibility except as a part of the upgraded Software.

TERMINATION Without prejudice to any other rights, SecoVault LLC may terminate this agreement if you fail to comply with the terms and conditions of this agreement. SecoVault LLC may at any time discontinue this software by publicly posting a written notice of termination on its web site, or when SecoVault LLC sends a written notice of termination to you directly. In all such events, you must destroy all the copies of the Software and all of its component parts. You may terminate this agreement by destroying all copies of the programs at any time.

RESTRICTIONS FOR USE: In addition to all other terms and conditions of this Agreement,the followin additional restrictions apply: 1. You may not install the Software in more computers than the number of computers the license is granted for; 2. You may not use the Software beyond the time period the license is granted for; 3. You may not remove any copyright, trademark or other proprietary notices from the Software or its copies; 4. You may not redistribute, rent, lease, license, sublicense or lend or transfer for value or distribute the Software or any portions of it on a standalone basis or as part of your application or service. 5. You may not modify or enhance or reverse-engineer or decompile or disassemble the Software except and only to the extent that such activity expressly permitted by applicable law notwithstanding this limitation. 6. You may not use the Software in a computer-based services business or provide commercial hosting services with this Software or publicly display visual output of the Licensed Software or use the Software for the benefit of any other person or entity; (if you need this, a license needs to be purchased. See the company website for details.) 7. You may not use a third party entity or business from providing support for the Software. 8. You may not use this software in situations where harm to human life or property is possible.

CONSENT TO COLLECT INFORMATION SecoVault LLC may collect from time to time information such as your PC address, version and feature usage. This information will be used for observing operations and improving functionality of the Software, and will not be disclosed to any third party. To learn more, please read the Privacy Policy located at www.secobackup.com/privacy.html.

OWNERSHIP AND INTELLECTUAL PROPERTY: SecoVault LLC owns all right, title and interest in and to the Software. The Company expressly reserves all rights not granted to you herein, notwithstanding the right to discontinue or not to release any Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or characteristics of the Software. The Software is only licensed and not sold to you by the Company.

AUDIT: SecoVault LLC has the right to audit your Use of the Licensed Software by providing at least ten (10) days prior written or e-mail notice of its intention to conduct such an audit at your facilities during normal business hours.

NO WARRANTY AND NO TECHNICAL SUPPORT: SecoVault LLC does not provide any warranty or condition, express, implied or statutory. Any fixes or upgrades are also not covered by any warranty or condition, express, implied or statutory. Our technical support organization will not provide any technical support, phone support, or updates to you for the software under this license.

LIMITATIONS ON REMEDIES- NO CONSEQUENTIAL or OTHER DAMAGES. You are not entitled to any damages including but not limited to consequential damages, even if any remedy fails of its essential purpose. SecoVault's entire liability and your exclusive remedy for any breach of this agreement or for any liability relating out of the software shall be, at SecoVault's option from time to time excersized subject to applicable law upto the license amount paid by you if any. There is no liability arising out of abuse, accident, misapplication, abnormal use or a virus.

WARRANTY DISCLAIMER: SECOVAULT LLC DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE AND FREE OF DEFECTS. THE SOFTWARE IS FURNISHED "AS IS AND WITH ALL FAULTS" WITHOUT WARRANTY OF ANY KIND, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGING AND WITHOUT WARRANTY AS TO THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING THE SOFTWARE AND ASSUME ALL RISKS ASSOCIATED WITH THE USE OF IT, INCLUDING BUT NOT LIMITED TO THE RISKS OF PROGRAM ERRORS, DAMAGE TO OR LOSS OF DATA, PROGRAMS OR COMPUTER OR EQUIPMENT, AND UNAVAILABILITY OR INTERRUPTION OF OPERATIONS OR BUSINESS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

EXCLUSION OF INCIDENTAL, CONSEQUENTIAL and OTHER DAMAGES: To the maximum extent permitted by applicable law, in no event shall SecoVault LLC be liable for any special, incidental, punitive, direct, indirect, or consequential damages whatsoever including but not limited to, damages for loss of profits, loss of data, loss of data use, loss of data access, lack of data security, data theft, data corruption, computer malfunction or failure, work stoppage, or loss of confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the Software, the provision of or failure to provide support or other services, information, Software, and related content through the Software of otherwise arising out of the use of the Software or otherwise under or in connection with any provision of this license agreement, even in the event of the fault, tort (including negligence), misrepresentation, strict liability, breach of contract or breach of warranty of SecoVault LLC or any supplier and even if SecoVault LLC has been advised of the possibility of such damages.

LIMITATION OF LIABILITY: IN NO EVENT WILL SECOVAULT LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, OR DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF DATA, LOSS OF SECURITY, DATA CORRUPTION, DATA THEFT, LOSS OF DATA ACCESS, COMPUTER FAILURE AND MALFUNCTION, WORK STOPPAGE, BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER OR LOSS OF BUSINESS INFORMATION ARISING OUT OF THE USE OR IN ANY WAY INABILITY TO USE THE PROGRAM SOFTWARE OR FOR ANY CLAIM BY ANY OTHER PARTY EVEN IF SECOVAULT LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR TORT OR NEGLIGENCE OR WARRANTY OR ANYTHING ELSE), THE SECOVAULT's ENTIRE LIABILITY WITH RESPECT TO THE SOFTWARE SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEE, IF ANY, PAID BY YOU FOR THE SOFTWARE. THE FORGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

GENERAL: This Agreement (including any addendum or amendment to this agreement which is included with the Software) shall be construed, interpreted and governed by the laws of the State of California exclusive of its conflicts of law provisions. This Agreement constitutes the entire agreement between you and SecoVault, and supersedes all prior oral or written communications, proposals and representations with respect to the Software, understandings or agreements between the parties. Any waiver or modification of this Agreement shall only be effective if it is in writing and signed. If any part of this Agreement is found invalid or unenforceable or void or illegal, the remainder shall continue in full force and effect.

VERSION SUPPORT: SecoVault, in its sole discretion, may discontinue ongoing support for specific operating system versions.

Last Updated: 3/27/2007

 Should you have any questions concerning this license agreement, or if you desire to contact us, please send mail to info@secobackup.com. SecoVault LLC may contact you to ask if you had a satisfactory experience in installing and using this software. 2007 SecoVault, LLC. All rights reserved. All trademarks and/or service marks of SecoVault LLC used in connection with the Software are trademarks and registered trademarks of SecoVault, LLC, Company, in the United States and other countries.

Google Desktop Search™ and Amazon S3™ are trademarks of their respective companies. Any such reference to these companies is solely intended to benefit the trademark owner with no intention of infringement. This product is available as an application designed to work with Google Desktop and other Google Services, and Amazon Services. This product is in no way an endorsement by any of these companies, and these companies are not responsible for the features and functionality of this application. We are not affiliated with Amazon or Google in any way. We use Amazon S3 web service to provide a backup application. And we use Google Desktop to search through our desktop backup files. Getting an Amazon S3™ account and any charges on that account are your responsibility. We cannot accept any expenses or Amazon charges due to use, non-use, non-performance, mis-use or inability to use the software with Amazon S3.