End-User License Agreement _____________________________________________________________________________________________ _____________________________________________________________________________________________ Copyright © StorageCraft Technology Corporation, 2006 - 2007 3
STORAGECRAFT TECHNOLOGY CORPORATION
END-USER LICENSE AGREEMENT FORSHADOWPROTECT SERVER EDITION 3.0
SHADOWPROTECT DESKTOP EDITION 3.0
SHADOWPROTECT SMALL BUSINESS SERVER EDITION 3.0
AND TWO PROPRIETARY INSTALLERS (1) SHADOWPROTECT IMAGEMANAGERSERVICE
AND SHADOWPROTECT IMAGEMANAGER CLIENT
AND (2)SHADOWPROTECT KEYFILEMAKER
AND OTHER KEYFILE TOOLS.
PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFOREACCEPTING THE LICENSE OR USING THE SOFTWARE. STORAGECRAFT TECHNOLOGY CORPORATION(“LICENSOR”), IS WILLING TO LICENSE THE SOFTWARE TO YOU AS THE INDIVIDUAL, THE COMPANY, ORTHE LEGAL ENTITY THAT WILL BE UTILIZING THE SOFTWARE (REFERENCED BELOW AS “LICENSEE”)ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE. THIS LICENSE IS ALEGAL AND ENFORCEABLE CONTRACT BETWEEN LICENSEE AND LICENSOR. BY OPENING THISPACKAGE, BREAKING THE SEAL, CLICKING THE “I AGREE BUTTON” OR OTHERWISE INDICATING ASSENTBY INSTALLING, LOADING, USING OR RETAINING THE SOFTWARE, YOU ACCEPT THIS LICENSE ANDAGREE TO ALL THE TERMS AND CONDITIONS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMSAND CONDITIONS, DO NOT OPEN THE PACKAGE OR BREAK THE SEAL OR OTHERWISE INDICATEREFUSAL BY CLICKING THE “I DO NOT AGREE” BUTTON, MAKE NO USE OF THE SOFTWARE, ANDCONTACT LICENSOR’S CUSTOMER SERVICE SHOWN AT SECTION 16.5 OF THIS LICENSE FORINFORMATION ON HOW TO OBTAIN A REFUND OF THE LICENSE FEE PAID AND FOR INSTRUCTIONS ONRETURNING THE SOFTWARE AND DOCUMENTATION AT ANY TIME DURING THE THIRTY (30) DAY PERIODFOLLOWING THE DATE OF YOUR LICENSE FEE PAYMENT. IF LICENSEE INSTALLS OR OTHERWISE USESTHE SOFTWARE UNDER ANY TRIAL, EVALUATION OR PURCHASE TRANSACTION, LICENSEE’S CONDUCTCONSTITUTES ACCEPTANCE OF THIS LICENSE AND LICENSEE WILL BE BOUND BY ALL OF ITS TERMSAND CONDITIONS. LICENSEE MAY ACCESS LICENSOR’S WEBSITE ATWWW.STORAGECRAFT.COM/LEGAL/ TO DOWNLOAD AND PRINT A COPY OF THIS LICENSE FOR LICENSEE’S FILES.This License is made and entered into by and between StorageCraft Technology Corporation of 180 West ElectionRoad, Suite 230, Draper, UT 84020 USA (“Licensor”) and Licensee, the party that has paid the license fee andaccepted this License. The Licensor and Licensee are hereinafter, at times, jointly referred to as “the Parties.” TheEffective Date of this License is the date on which Licensee has both paid the applicable license fee and acceptedthis License.
Section 1 Definitions1.1.
“Archival Purposes” means the creation and confidential storage by Licensee of a single copy of theSoftware for use by Licensee only in the event that the original licensed copy fails to function properly.Archival use does not include simultaneous use of the original licensed copy and the archival copy andsuch simultaneous use is prohibited by this license.
“Desktop Operating System” means any broadly released Microsoft operating system intended for desktopcomputers including but not limited to: Windows 2000 Professional, Windows XP Home Edition andWindows XP Professional
“Desktop Virtual Machine” means any environment created by an emulator, where software is used toemulate a machines hardware and Desktop Operating System for the end user. VMware® and Virtual PCare examples of software that provide virtual machines. An example of a Desktop Virtual Machine isVMware running Windows XP operating system.
“Documentation” means all on-line help files or written instruction manuals regarding the Use of theSoftware.
“Original Copy” means the single copy of the Software provided to Licensee in conjunction with thisLicense.