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Attention Vet Users: a separate licence agreement applies to all customers purchasing their Vet software licence from a US distributor. If you are such a customer, please scroll down to view the agreement which immediately follows the Vet Anti-Virus Software Licence Agreement displayed below. VET ANTI-VIRUS SOFTWARE LICENCE AGREEMENT WARNING Please carefully read the following terms and conditions before continuing with the setup or installation. You will be asked if you understand and accept and agree to be bound by these terms and conditions. The installation or setup will not complete until you have confirmed this. If you do not agree to these terms and conditions, promptly return the package to Cybec Pty Ltd ("Cybec") within 14 days (or the dealer from which you acquired this product) and your License fee will be refunded. RECITALS A. Cybec is the author of and owns the software suite supplied, known as Vet Anti-Virus Software together with any updates, enhancements, modifications, additions or new releases thereto and related documentation, including instruction manuals (the "Software"). B. Cybec has agreed to grant the Licensee a non-exclusive non-transferable Licence to use the Software and the right to install the Software subject to the following terms and conditions. C. Where any of the following terms occur they will have the following meaning: * PC: An IBM compatible computer * Workstation: An IBM compatible computer * Single PC License: A License to use Vet on a single IBM compatible computer * OEM Version: (Original Equipment Manufacturer Version) This copy of Vet is only to be installed onto PCs that are then to be sold. This is done so that the customer can be confident that when their new PC arrives it will be virus free. * Multiple PC License: Vet can be used on more than one PC (The invoice will let you know how many PCs it can be installed to) * Starter Kit: A single copy of the software that will not receive any updates or support OPERATIVE PROVISIONS 1. LICENCE In consideration of the payment of the amount referred to on the invoice and/or receipt issued to the Licensee with this package ("the Licence Fee") for the Software and the Licensee's agreement to be bound by the terms and conditions of this Agreement, Cybec hereby grants to the Licensee a non-exclusive non-transferable Licence for one year (unless otherwise arranged, and confirmed in writing) to use the Software and the right to install the Software on the terms and conditions contained in this Agreement. This Agreement does not grant the Licensee any title or rights of ownership in the Software. 2. CONDITIONS OF USE 2.1 If the Software supplied is a Single User (Starter pack or OEM) it can only be installed and used on one personal computer ("PC") or workstation at any one time. A Starter kit or OEM Version of the Software may not be used to protect multiple PCs or workstations and does not come with any upgrades or support. 2.2 If the Software supplied is a Single User Workstation Version that is not a Starter kit or OEM it can only be installed and used on one personal computer ("PC") or workstation at any one time. A Single User Version of the Software may not be used to protect multiple PCs. The users will receive the upgrades and support that is listed in the on-line help that comes with the software. 2.3 If the Software supplied is a Multiple User Workstation Version, the Software may only be used on that number of PCs or workstations referred to on the invoice issued to the Licensee with this package at any one time. Where the Software is available to PCs and workstations by virtue of its being installed on a Network, the sum total of PCs protected by the Software may not exceed the total number of PCs covered by the Multiple User Agreement. 2.4 If the number of PCs specified in clause 2.3 represents all the PCs owned by the Licensee, Cybec permits the Licensee to distribute copies of the PC Workstation Software to its employees or full-time students for their personal use, provided that they are given a full copy of the current Vet Master Disk with all files intact and that all such employees or full-time students are informed that they may only use the Software while they remain employed or enrolled with the Licensee and may not use the Software on any PC used for commercial purposes other than in the course of their employment or studies with the Licensee. Copies of the Vet Master Disk may be made by carrying out a diskcopy. 2.5 The Licensee may transfer the Software to another PC, workstation or network as the case may be provided that the Licensee deletes or erases the Software from the PC, workstation or network on which it has been installed prior to installing it on the other PC, workstation or network. 2.6 A separate Licence agreement and Licence fee is required for use of the Software on any additional network, PC or workstation. The number of users for a Multiple PC Licence Version may be increased on application to Cybec and on payment of Cybec's then current Licence fees therefor. 2.7 If the Software supplied is a Network Version, the Software may only be used on that number of servers referred to on the invoice issued to the Licensee with this package at any one time. 2.8 A Licensee with either a Vet Tech or Corporate Service Licence is authorised to temporarily install the Software to find and remove viruses on PCs belonging to the Licensee and those belonging to the licensees' customers. However Vet Anti-Virus software does not permit the Licensee to leave any installed copies of the Software on PCs belonging to the Licensee and does not permit the Licensee to leave any copies of the Software in the possession of, or on the PCs of customers of the Licensee. The Software can only be left on a PC if a separate License has been purchased according to the conditions in section 2.2, 2.3 or 2.6 of this document. 3. LICENSEE'S OBLIGATIONS The Licensee undertakes and agrees with Cybec that the Licensee must:(a) not copy, reproduce, translate, adapt, vary or modify the Software other than in accordance with the terms and conditions of the Agreement without the prior written consent of Cybec; and(b) supervise and shall indemnify Cybec fully against all actions, claims, liabilities, costs and expenses howsoeverlasting which Cybec may incur as a result of the Licensee's breach of Cybec's copyright and other intellectual property rights in the Software. 4. WARRANTY 4.1 The Licensee acknowledges that the Software cannot be guaranteed free of errors and further acknowledges that the existence of any such errors shall not constitute a breach of this Agreement. 4.2 Notwithstanding clause 4.1, Cybec expressly warrants that, for a period of [90] days commencing immediately upon delivery of the Software (as evidenced by a copy of the receipt for the Software), the Software and any disks on which the Software is recorded will be free from defects in material and workmanship under normal use and conditions. If the Software or the disks fail to comply with these express warranties, Cybec will, at its cost and discretion, either refund the purchase price or replace the product provided that, in either case, the Licensee returns the product to Cybec or the dealer who supplied it to the Licensee and the Licensee provides Cybec or the dealer with details regarding the defect. 4.3 The express warranty contained in clause 4.2 does not apply to Software or disks which have been damaged or modified by the Licensee or third parties and does not apply to problems, defects or errors which are caused by the failure of third party equipment or by the fault or negligence of the Licensee or third parties. 5. LIMITATION OF LIABILITY To the fullest extent allowed under law, Cybec excludes all other terms, warranties and conditions, whether express or implied, relating to the performance, quality, or fitness for use of the Software or any disks on which the Software is recorded, including any warranty or condition that the Software will meet the Licensee's requirements or operate without interruption or error. To the fullest extent allowed under law, and subject only to the express warranty contained in clause 4.2, the liability of Cybec for any breach of any term, condition or warranty, or duty of care, shall be limited, at the discretion of Cybec, to any one or more of the following:(a) the replacement of the Software or the supply of equivalent Software from Cybec;(b) the repair of the Software;(c) the payment of the cost of replacing the Software; or(d) the payment of the cost of having the Software repaired. The Licensee agrees that in no event will Cybec be liable for damages, including but not limited to, indirect, special, incidental or consequential damages (including loss of profits or anticipated revenue) in connection with or arising out of performance of the Software, even if Cybec or the dealer had been advised of the possibility of such damages. 6. WAIVER No right under this Agreement shall be deemed to be waived except by notice in writing signed by each party. No waiver by a party pursuant to this clause will prejudice its rights in respect of any subsequent breach of this Agreement by another party. 7. ASSIGNMENT This Agreement will enure to the benefit of Cybec, its successors and assigns. The Licensee may not assign or otherwise deal with its rights or obligations under this Agreement or any part thereof without the prior written consent of Cybec. 8. GOVERNING LAW This Agreement will be governed by and interpreted in accordance with the laws of Victoria (Australia) and the parties agree to submit to the non- exclusive jurisdiction of the courts of Victoria. 9. INVALIDITY Any provision of this Agreement which is or becomes prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent thereof without invalidating any other provision of this Agreement, and any such prohibition or unenforceability will not invalidate such provision in any other jurisdiction. 10. ENTIRE AGREEMENT This Agreement comprises the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes all prior agreements, representations and correspondence between the parties with respect to that subject matter. ** The licence agreement for customers purchasing Vet other than from a US distributor ends here ** ** The following license agreement applies to customers who purchase Vet from a U.S. distributor. ** IMPORTANT NOTICE. Read this license agreement carefully before downloading, installing or using the software provided with this Agreement (the "Software"). BY DOWNLOADING THE SOFTWARE, OPENING THE PACKAGE, INSTALLING THE SOFTWARE, OR USING THE 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 THE SOFTWARE, DO NOT USE THE SOFTWARE, PROMPTLY REMOVE THE SOFTWARE TOGETHER WITH ALL COPIES FROM YOUR COMPUTER, AND, IF APPLICABLE, RETURN THE SOFTWARE (AND ALL WRITTEN MATERIALS AND CONTAINERS) TO THE PLACE WHERE YOU OBTAINED THEM. This END USER SOFTWARE LICENSE AGREEMENT (the "Agreement") is made between you, the end user ("You") and ONTRACK Data International, Inc., a Minnesota corporation, or any subsidiary ("ONTRACK"). LICENSE GRANT. ONTRACK and its suppliers grant You (as an individual or entity) a personal, non-exclusive, non-transferable right for one (1) year to use the Software on a single computer workstation or server, as applicable. During the term of your license, You may download one (1) update of the Software as published by ONTRACK from time to time on its then current electronic distribution facility (e.g. bulletin board, web page, etc.). During the term of your license, You are also entitled to access ONTRACK technical support resources for a single three (3) consecutive calendar month period which will commence upon your first contact with ONTRACK technical support staff. The authorized number of users/computers, the authorized number of updates, the term of technical support, and/or the term of this license may be increased upon application to ONTRACK and upon payment of the then current ONTRACK fees therefor. This license to use the Software is conditioned upon your compliance with the terms of this Agreement. OTHER RESTRICTIONS. You agree that You will only copy the Software into any machine-readable or printed form as necessary to use it in accordance with this license or for backup purposes in support of your use of the Software. You may transfer the Software to another computer provided that You first delete or erase the Software from the computer on which it has been previously installed. You may not: (a) remove any product identification, copyright notices, or other notices or proprietary restrictions from the Software; (b) rent or lease the Software; (c) sublicense or assign your license rights to use the Software; or (d) reverse engineer, reverse assemble, decompile or alter the Software; except to the extent such restrictions are expressly prohibited by applicable law. TERMINATION. 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 immediately without notice from ONTRACK if you fail to comply with any provision of this Agreement. Upon such termination, you agree to destroy the Software, together with all copies thereof. This is in addition to and not in lieu of any criminal, civil or other remedies available to ONTRACK. COPYRIGHT/OWNERSHIP. The Software and its source code are protected by copyright law, other intellectual property laws, and international treaty provisions. 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 Agreement. ONTRACK and its suppliers shall at all times retain all rights, title, interest, including intellectual property rights, in the Software and media. TRADEMARKS. VET is a trademark or registered trademark of Cybec Pty Ltd. ONTRACK is a trademark or registered trademark of ONTRACK Data International, Inc. All other brand and product names are trademarks or registered trademarks of their respective holders. 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. NO WARRANTIES; LIMITATION OF LIABILITY. THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND THE ENTIRE RISK OF THE USE OF THE SOFTWARE IS ASSUMED BY YOU. ONTRACK AND ITS SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE IS NON-INFRINGING, THAT IT WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER ONTRACK NOR ITS SUPPLIERS MAKE ANY EXPRESS OR IMPLIED WARRANTIES TO THE EXTENT PERMITTED BY LAW, AND SPECIFICALLY DISCLAIM THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF SUCH DISCLAIMER IS NOT PERMITTED BY LAW, THE DURATION OF ANY SUCH IMPLIED WARRANTIES IS LIMITED TO 90 DAYS FROM THE DATE OF DELIVERY TO YOU. IN NO EVENT WILL ONTRACK OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND, OR LOST PROFITS, LOST SAVINGS OR OTHER ECONOMIC DAMAGES OF ANY KIND, ARISING OUT OF THE USE OF THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion of implied warranties or limitation on how long an implied warranty may last, or the exclusion or limitation of incidental or consequential damages, so such limitation or exclusions may not apply to you. You may have other rights which vary from jurisdiction to jurisdiction. In no event will the liability of ONTRACK or its suppliers for any claim, whether in contract, tort or any other theory of liability, exceed the license fee paid by you. Neither party may bring an action, regardless of form, more than two years after the cause of action arose. 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, use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraphs 52.227-19(c)(1) and (2) or subdivision 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, Minnesota, USA 55346. Cybec Pty Ltd., 1601 Malvern Rd, Glen Iris, Victoria, Australia 3146 is a supplier of ONTRACK for all purposes hereunder.