                      Full-Use License
                     TeraByte Unlimited
                 End User License Agreement
                  (Revised May 24, 2017)

PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE UPGRADING, 
COPYING, INSTALLING OR USING THE ACCOMPANYING SOFTWARE PROGRAM 
(the "Software").

THIS AGREEMENT SETS FORTH THE STANDARD FULL-USE LICENSE FOR USE OF 
THE SOFTWARE ON YOUR COMPUTER SYSTEM.  IN ORDER TO USE THE 
SOFTWARE UNDER THIS FULL-USE LICENSE, YOU MUST PURCHASE, OR HAVE 
PURCHASED, EITHER: 

  a) ONE OR MORE COPIES OF THE SOFTWARE WITH FULL-USE LICENSE 
RIGHTS, FROM TERABYTE OR A TERABYTE-AUTHORIZED LICENSING 
AGENT, OR 

  b) FULL-USE LICENSE RIGHTS FROM TERABYTE OR A TERABYTE-
AUTHORIZED LICENSING AGENT FOR ONE OR MORE TIME-LIMITED 
"EVALUATION VERSION" COPIES OF THE SOFTWARE ALREADY IN YOUR 
POSSESSION. 

THERE MAY BE AN ACTIVATION PROCESS DESCRIBED IN THE SOFTWARE, 
PURCHASE RECEIPT OR IN TERABYTE DOCUMENTATION THAT MUST BE 
FOLLOWED OR YOUR USE OF THE SOFTWARE MAY BE LIMITED OR PREVENTED.

If you do not agree to all of the terms and conditions of this 
License Agreement as set forth below, then: (a) do not install, 
upgrade, copy or use the Software, (b) if you received any 
registration codes or serial numbers, do not copy, use, retain or 
disclose any of those registration codes or serial numbers, and 
(c) if you purchased packaged copies of the Software with full-use 
rights, you may return the complete package, unused, to your place 
of purchase within fifteen (15) days after purchase for a refund.  
The exercise of any or all of the rights set forth below 
constitutes acceptance of all of the terms and conditions of the 
Agreement.  Where you have received a signed Agreement directly 
from TeraByte, any discrepancy between that signed Agreement and 
an unsigned Agreement shall be controlled by the signed Agreement.

As further set forth below, TeraByte Inc., dba TeraByte Unlimited 
("TeraByte") and/or its suppliers own the Software and its 
documentation, which are protected under applicable copyright, 
trade secrets, and other laws.  The Software is licensed, not 
sold.  Your rights and license to use the Software and the 
documentation are limited to the terms and subject to the 
conditions set forth in this Agreement.

1.  LICENSE: 

(a) YOU MAY: 

  (i) (Single Copy License) if you paid for a single copy 
license, use the Software on a single computer that you or 
your organization owns or controls (“Computer System”), as 
further described in 1(c) below;

  (ii) (Multiple Copy License) if you paid for a multiple copy 
license, make and use the number of Software copies for 
which you paid, provided that you may only use each copy of 
the Software as described in (i) above;

  (iii) (Transfer of Installation) physically transfer any 
installed, licensed copy of the Software from one Computer 
System (the “Old System”) to another Computer System (the 
“New System”), provided that that copy may be installed on 
only one Computer System at a time, and further provided 
that when you make the transfer, you must uninstall and 
remove any and all copies of the Software from the Computer 
System from which the programs are transferred.  Where 
uninstalling from the Old System is impossible due to such 
Old System being damaged or otherwise non-functional, the 
requirement for such uninstall and removal shall be waived 
unless and until such Old System becomes functional.  Such 
transfer shall be permitted (a) when the New System is a 
replacement for the Old System, or (b) with written 
approval from TeraByte.  Unless otherwise authorized by 
TeraByte, in writing, each licensed copy of the Software 
shall be licensed for one and only one Computer System.  
Such shall be the case whether or not the Software is 
installed on a disk drive permanently attached to the 
Computer System for which the Software may be licensed.  
Specifically, installation upon portable media including 
without limitation flash drives and CDs shall not 
circumvent the requirement of maintaining a license for the 
Software on each Computer System on which the Software may 
be used, although it is permissible for Software installed 
upon a portable drive or other drive accessible from 
multiple Computer Systems to be executed upon more than one 
such system, provided that licenses are maintained for each 
Computer System on which such Software may be executed; 

  (iv) (Backup Copy) make a copy of each licensed copy of the 
Software solely for purposes of backup;

  (v) (Images) create and keep "per computer" Images, as 
described in paragraph 1(e)(i) below, if the Software 
product, as licensed, provides imaging functionality; and

  (vi) (Image Deployment) if you paid for additional “Image 
Deployment” license rights, create and distribute 
additional Images as described in paragraph 1(e)(ii) 
below.

PROVIDED IN ALL CASES THAT all copyright and other 
proprietary and Federal acquisition notices, as included by 
TeraByte with the Software, be fully and accurately 
reproduced by you on any and all copies of the Software.

(b) YOU MAY NOT:  (i) permit others to use the Software 
unless they are properly licensed by TeraByte, either under 
this Agreement or another agreement from TeraByte, nor 
install or use the Software on any computer or computer-
related device except Computer Systems as authorized in (a) 
above; (ii)  under a single use license, install a copy of 
the Software on one Computer System and also use it on one or 
more other Computer Systems (no less than a two (2) copy 
license would be required for such use);  (iii) permit 
concurrent use of any copy of the Software;  (iv) modify, 
translate, reverse engineer, decompile, disassemble, or 
create derivative works based on, the Software; (v) copy the 
Software except as expressly permitted above; (vi) rent, 
lease, grant a security interest in, or otherwise transfer 
rights to, or possession of, the Software or any copy 
thereof, unless properly licensed by TeraByte, under another 
agreement that specifically permits such action; (vii) remove 
or alter any proprietary notices, labels or legends on any 
copy of the Software; (viii) ship or transmit (directly or 
indirectly) any copies of the Software or their media, or any 
direct product thereof, to any country or destination 
prohibited by the United States Government; or (ix) disclose 
serial numbers or registration codes to others, unless they 
are properly licensed to receive such information, either 
under this Agreement or another agreement from TeraByte.

(c)	PERMITTED END USERS AND COMPUTER SYSTEMS.

  (i) Commercial or Organizational Use. If you are a 
corporation, LLC, or other commercial entity, whether 
public or private, for profit or not-for-profit, or a 
government entity, or if the Software is ever used for 
purposes related to any such commercial or government 
entity, the permitted Software end users and Computer 
Systems under this license are, as applicable:

    (1) Your own employees and in-house contractors, and 
your in-house Computer Systems owned or controlled by 
you,

    (2) A parent organization that has majority ownership or 
control of your organization (if any), its employees and 
in-house contractors, and that organization’s in-house 
Computer Systems owned or controlled by that 
organization,

    (3)	Your subsidiary organization or organizations (if 
any), those organizations’ employees and in-house 
contractors, and those organization’s in-house Computer 
Systems owned or controlled by those organizations, and

    (4)	Your affiliated organizations (if any; “affiliated 
organization” means any organization which is under 
majority control or ownership by the same parent that 
majority owns or majority controls you), those 
organizations’ employees and in-house contractors, and 
those organization’s in-house Computer Systems owned or 
controlled by those organizations.

  (ii) Personal or Home Users.  If you are a real person, and 
if all Software under this license is used exclusively for 
personal non-commercial use only, then each licensed copy 
may be installed on four additional Computer Systems owned 
or controlled by you, or a member of your immediate family
in the same household.

“Control”: For purposes of this Agreement, a person or entity 
“controls” a Computer System when he, she or it has actual 
control over the day-to-day use of that Computer System.

(d) RESERVATION OF RIGHTS. All rights and licenses not 
expressly granted by TeraByte in this Agreement are entirely 
and exclusively reserved to TeraByte.

(e) IMAGE LICENSES. If the Software’s functionality, as 
licensed, includes the ability to create one or more disk 
partition images or otherwise copy one or more partitions 
(“Images") then the use of each Image is subject to all of 
the conditions and restrictions of this Agreement. 
 
Your rights to create and distribute Images are based on the 
Software licensed and the type of license you purchased (as 
may be indicated on your sales receipt or comparable sales 
documentation received by you from TeraByte):

  (i)  "PER COMPUTER" IMAGE LICENSE: Each licensed copy of 
the Software includes, without extra charge, a "per computer" 
license to create and keep Images for the same Computer 
System(s) on which you are licensed to use the Software 
itself; those Images may not be distributed to, or used in 
any manner with, any other computers (except for direct 
replacements for such systems as provided in subsection 
1(a)(iii) above), nor may you create or retain images for 
additional Computer Systems unless the previously created 
images are destroyed, or you purchased additional licenses to 
cover such Computer Systems.  You may create and keep an 
unlimited number of Images for each licensed Computer System.  
For example, if you purchased a license for five (5) copies 
of the Software, then you may create and keep an unlimited 
number of Images for up to five Computer Systems with which 
you properly use those 5 Software copies as described in 
1(a)(i) and 1(a)(ii) above, but you may not distribute those 
Images to, or use them with, any other Computer System. 

  (ii)  ”IMAGE DEPLOYMENT” LICENSE.  If, in addition to the 
standard Software license, you purchased an “Image 
Deployment" license (as indicated on your sales receipt from 
TeraByte), then: (A) you may make an unlimited number of 
Images on any Computer System on which you may use the 
Software under this license, and (B) you may deploy each 
Image to other Computer Systems, referred to as “deployment 
computers,” each such deployment computer having been 
provided an Image Deployment license.  Image Deployment 
licenses remain allocated to such deployment computers until 
and unless such deployment computer is taken out of service 
and replaced.  In such case, said Image Deployment license 
may be transferred to such replacement system subject to 
limitations as provided in subsection 1(a)(iii) above.  For 
the right to distribute Images to additional computers, you 
will need to purchase additional Image Deployment License 
rights from TeraByte.  Images deployed as described herein 
may only be restored or referenced on Computer Systems having 
been licensed with at least an Image Deployment license, and 
once restored, may not be moved to any Computer System not so 
licensed without prior authorization from TeraByte.

(f) PARTITION MANAGEMENT LICENSING.  If the Software’s 
functionality, as licensed, includes the ability to create, 
resize, slide or otherwise manage partitions on a hard drive, 
or otherwise to control or repair system boot parameters, 
then the use of each such reparation or partition management 
change is likewise subject to all of the conditions and 
restrictions of this Agreement, including without limitation, 
restriction of use of such reparation or partition management 
change to Computer Systems licensed hereunder.

2.  TERM AND TERMINATION: This Agreement, and your license rights 
hereunder, remain effective until this Agreement is terminated.  

(a) Termination by You.  You may terminate it at any time by 
destroying the distribution media together with all of your 
copies of the Software in any form.  

(b) Termination for Breach.  This Agreement may be 
terminated by TeraByte upon notice, at its sole discretion, 
if you fail to completely remedy any breach by you of any 
term or condition herein within ten (10) days after notice of 
such breach is delivered by TeraByte to you,

(c) Automatic Termination.  This Agreement will 
automatically terminate without notice if your normal 
business operations are disrupted or discontinued for more 
than thirty days by reason of insolvency, bankruptcy, 
receivership, or business termination.  Upon termination of 
this Agreement, you must destroy all copies of the Software 
in any form.  

3.  OWNERSHIP AND CONFIDENTIAL INFORMATION: TeraByte or its 
licensors own the Software under copyright, trade secret and all 
other laws that may apply.  All product names, designs, and 
logos associated with the Software are trademarks of TeraByte.  
The source code of the Software and all information regarding 
the design, structure or internal operation of the Software are 
valuable trade secrets of TeraByte or third parties with which 
TeraByte has licensing arrangements ("Confidential 
Information"), provided however, that "Confidential Information" 
shall not include information which otherwise would be 
Confidential Information to the extent that such information was 
publicly known or otherwise known to you previously to the time 
of disclosure, which subsequently became known through no act or 
omission by you, or which otherwise became known to you other 
than through disclosure by TeraByte without violation of any 
party's obligations to TeraByte.  You shall not sell, transfer, 
publish, disclose, display or otherwise permit access to any 
Confidential Information by any third party, nor may you use any 
of the Confidential Information, except strictly as part of the 
Software in the form originally distributed by TeraByte.

4.  LIMITED WARRANTY: TeraByte Unlimited warrants that for a period 
of thirty (30) days from the date of purchase, the Software will 
perform in conformity with the user documentation supplied by 
TeraByte, provided that your EXCLUSIVE REMEDY under this 
warranty shall be to return the Software to TeraByte in exchange 
for repair, replacement, or a full refund of your purchase price 
(at TeraByte's option) within forty-five (45) days after the 
date of purchase.  In addition, the above warranty does not 
apply to the extent that any failure of the Software to perform 
as warranted is caused by the Software being (a) not used in 
accordance with the user documentation, or (b) modified by any 
person other than authorized TeraByte personnel. EXCEPT FOR THE 
EXPRESS WARRANTY GRANTED IMMEDIATELY ABOVE, TERABYTE MAKES NO 
WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SOFTWARE, 
ITS MERCHANTABILITY, OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.  
YOU ACKNOWLEDGE AND AGREE THAT YOU HAD FULL OPPORTUNITY TO USE 
AND TEST THE SOFTWARE BEFORE PURCHASE. TERABYTE DOES NOT WARRANT 
THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE 
OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.  
YOU ASSUME FULL RESPONSIBILITY FOR SELECTING AND USING THE 
SOFTWARE, AND THAT IF YOU USE THE SOFTWARE IMPROPERLY OR AGAINST 
INSTRUCTIONS, YOU CAN CAUSE DAMAGE TO YOUR FILES, SOFTWARE, DATA 
OR BUSINESS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE 
OF THE SOFTWARE IS BORNE BY YOU. THIS DISCLAIMER OF WARRANTY 
CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. Some 
jurisdictions do not allow exclusions of an implied warranty, so 
this disclaimer may not apply to you and you may have other 
legal rights that vary by jurisdiction.

5.  LIMITATION OF LIABILITY. ANY LIABILITY OF TERABYTE WILL BE 
LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE 
PRICE.  IN ADDITION, IN NO EVENT WILL TERABYTE, NOR ANY OTHER 
PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, OR 
DELIVERY OF THE SOFTWARE, BE LIABLE FOR INDIRECT, INCIDENTAL, 
CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING WITHOUT 
LIMITATION LOSS OF INCOME, USE OR INFORMATION, RELATING EITHER 
TO THE USE OF THE SOFTWARE, OR YOUR RELATIONSHIP WITH TERABYTE, 
EVEN IF TERABYTE HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY 
OF SUCH DAMAGES OR CLAIMS.  Any suit or other legal action 
relating in any way to this Agreement or to the Software must be 
filed or commenced no later than one (1) year after it accrues.  
You may also have other rights which vary from state to state.

6.  HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is 
not designed, manufactured or intended for use on equipment or 
software running in hazardous environments requiring fail-safe 
performance, including but not limited to the operation of 
nuclear facilities, aircraft navigation or communication 
systems, air traffic control, direct life support machines, or 
weapons systems, in which the failure of the Software could 
contribute to death, personal injury, or severe physical or 
environmental damage ("High Risk Activities").  TERABYTE AND ITS 
SUPPLIERS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY 
OF FITNESS OF THE SOFTWARE FOR HIGH RISK ACTIVITIES.  TERABYTE 
DOES NOT AUTHORIZE USE OF THE SOFTWARE FOR ANY HIGH RISK 
ACTIVITY.  YOU AGREE TO DEFEND AND INDEMNIFY TERABYTE, AND HOLD 
TERABYTE HARMLESS, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, 
LOSSES, COSTS JUDGMENTS AND DAMAGES OF ANY KIND IN CONNECTION 
WITH USE IN RELATION TO ANY HIGH RISK ACTIVITY OF ANY COPY OF 
THE SOFTWARE RELATING TO THIS LICENSE.

7.  RESTRICTED RIGHTS - COMMERCIAL COMPUTER SOFTWARE. The parties 
acknowledge and agree that: (a) any and all products covered by 
this Agreement are, and shall be, deemed "commercial computer 
software" for all purposes in relation to U.S. government 
acquisition laws, rules and regulations, and (b) all use, 
duplication and disclosure by, for, or on behalf of the U.S. 
Government is subject to all conditions, limitations and 
restrictions applicable to "commercial computer software" as set 
forth in FAR section 12.212 and in DFAR sections 227.7202-1, 
227.7202-3, and 227.7202-4.

8.  GENERAL. 

(a) ENTIRE AGREEMENT. This Agreement constitutes the entire 
agreement between you and TeraByte in regard to the subject 
matter herein, and supersedes all previous and 
contemporaneous agreements, proposals and communications, 
written or oral between you and TeraByte. No amendment of 
this Agreement shall be effective unless it is in writing and 
signed by duly authorized representatives of both parties. 

(b) NON-WAIVER. Waiver by TeraByte of any violation of any 
provision of this License shall not be deemed to waive any 
further or future violation of the same or any other 
provision. 

(c) LAW AND JURISDICTION. This License and any dispute 
relating to the Software or to this License shall be governed 
by the laws of the United States and the laws of the State of 
Nevada, without regard to U.S. or Nevada choice of law rules.  
You agree and consent that jurisdiction and proper venue for 
all claims, actions and proceedings of any kind relating to 
TeraByte or the matters in this License shall be exclusively 
in courts located in Las Vegas, Nevada.  If a court with the 
necessary subject matter jurisdiction over a given matter 
cannot be found in Las Vegas, then jurisdiction for that 
matter shall be exclusively in a court with the proper 
jurisdiction as close to Las Vegas as possible, and within 
Nevada if possible. 

(d) SEVERABILITY. If any part or provision of this License 
is held to be unenforceable for any purpose, including but 
not limited to public policy grounds, then you agree that the 
remainder of the License shall be fully enforceable as if the 
unenforceable part or provision never existed. 

(e) NON-ASSIGNMENT. You may not assign this License without 
the prior written consent of TeraByte, except as part of a 
sale of all or substantially all of the assets of your 
business.  

(f) NO THIRD PARTY BENEFICIARIES. There are no third party 
beneficiaries of any promises, obligations or representations 
made by TeraByte herein. 

(g) HEIRS AND ASSIGNS. This Agreement shall be binding on 
and shall inure to the benefit of the heirs, executors, 
administrators, successors and assigns of the parties hereto, 
but nothing in this paragraph shall be construed as a consent 
by TeraByte to any assignment of this agreement except as 
provided hereinabove.

(h) SURVIVAL. The provisions of paragraphs 1(b)(iv), 
1(b)(vii), 1(b)(ix), 2, 3 and 6 of this Agreement shall 
survive any termination or expiration of this Agreement.

