LICENSE AGREEMENT: TERMS AND CONDITIONS OF USE

IMPORTANT NOTICE.  Read this License Agreement carefully 
before downloading or using this Software. BY DOWNLOADING 
OR USING THIS SOFTWARE IN ANY WAY YOU ACKNOWLEDGE THAT YOU 
HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF THIS 
AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT 
DOWNLOAD THIS SOFTWARE, DO NOT USE THIS SOFTWARE IN ANY 
WAY, AND PROMPTLY RETURN IT TO YOUR PLACE OF PURCHASE OR 
DELETE OR DESTROY ANY COPIES OF THIS SOFTWARE IN YOUR 
POSSESSION.

LICENSE GRANT. ONTRACK Data International, Inc. or any 
subsidiary ("ONTRACK") grants you a non-exclusive license 
to use this software, and any associated documentation 
("Software") as indicated herein.  The Software is 
designed and licensed for the installation and use of one 
copy of the Software on a single computer at any one time.  
The Software is in "use" on a single computer when it has 
been loaded into temporary memory (i.e. RAM) or installed 
into permanent memory (e.g. hard disk or other storage 
device) of that computer.

OTHER RESTRICTIONS.  You shall not: (a) remove any product 
identification, copyright notices, or other notices or 
proprietary restrictions from this Software; (b) sell, 
lease, rent, transfer, copy or distribute this Software; 
(c) cause or permit reverse engineering, disassembly, 
decompilation or alteration of this Software except to the 
extent such restriction is expressly prohibited by 
applicable law.

TERM.  This License is effective until terminated.  You 
may terminate it at any time by destroying the Software, 
together with all copies thereof. This license will also 
terminate if you fail to comply with any term or condition 
of this Agreement.  Upon such termination, you agree to 
destroy the Software, together with all copies thereof.

COPYRIGHT/OWNERSHIP.  This Software and its source code 
are proprietary products of ONTRACK and are protected by 
copyright and other intellectual property laws.  The 
Software is licensed and not sold. You acquire only the 
right to use the Software and do not acquire any rights, 
express or implied, in the Software or media containing 
the Software other than those specified in this License.  
ONTRACK shall at all times retain all rights, title, 
interest, including intellectual property rights, in the 
Software and media.

TRADEMARKS.  ONTRACK, TIRAMISU and other names of ONTRACK 
and ONTRACK products referred to herein are trademarks or 
registered trademarks of ONTRACK Data International, Inc. 
in the United States and/or other countries.

EXPORT RESTRICTIONS.  You agree to comply fully with all 
laws and regulations of the United States and other 
countries (Export Laws) to assure that neither the 
Software, nor any direct products thereof are (1) 
exported, directly or indirectly, in violation of Export 
Laws, or (2) are used for any purpose prohibited by Export 
Laws.

DISCLAIMER OF WARRANTIES.  THIS SOFTWARE IS DISTRIBUTED 
'AS IS' AND YOU, ITS USER, ASSUME ALL RISKS WHEN 
DOWNLOADING OR USING IT.  THERE ARE NO WARRANTIES EXPRESS 
OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE.  ONTRACK 
DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND 
FITNESS FOR A PARTICULAR PURPOSE. ONTRACK DOES NOT WARRANT 
THAT THE SOFTWARE IS NON-INFRINGING, THAT IT WILL MEET 
YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE 
UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE. IN NO EVENT SHALL 
ONTRACK BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING 
DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL 
DAMAGES (WHICH SHALL INCLUDE WITHOUT LIMITATION, DAMAGES 
FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, 
LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) 
WHETHER BASED ON CONTRACT, TORT OR OTHER LEGAL THEORY, 
ARISING OUT OF THE USE OF OR INABILITY TO USE THE 
SOFTWARE, EVEN IF ONTRACK HAS BEEN ADVISED OF THE 
POSSIBILITY OF SUCH DAMAGES.  SOME STATES DO NOT ALLOW THE 
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL 
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT 
APPLY TO YOU.

MISCELLANEOUS.  In the event of invalidity of any 
provision of this Agreement, the parties agree that such 
invalidity shall not affect the validity of the remaining 
portions.  The Agreement is governed by the laws of the 
State of Minnesota as applied to agreements between 
Minnesota residents entered into and to be performed 
entirely within Minnesota, and each party hereto submits 
to the exclusive jurisdiction of the Courts of that State.  
The United Nations Convention on Contracts for the 
International Sale of Goods is specifically disclaimed.  
This is the entire agreement between you and ONTRACK, 
which supersedes any prior agreement, whether written or 
oral, relating to this subject matter.

U.S. GOVERNMENT RESTRICTED RIGHTS.  In the event the 
Federal Acquisition Regulations (FAR) or DFARS is 
applicable to this Agreement, the Software is provided 
only with Restricted Rights as defined in paragraph 
52.227-19 or paragraph 252.227-7013(c)(1)(ii), 
respectively (or a comparable or successor clause to 
either), as applicable.  Contractor/manufacturer is 
ONTRACK Data International, Inc., 6321 Bury Drive, 
Eden Prairie, MN 55346.

Copyright (c) 1999 ONTRACK Data International, Inc.
