O&O DiskImage Professional Edition 2.1

Software License Agreement

O&O DiskImage V1.0 Professional Edition

END-USER LICENSE AGREEMENT (EULA) for

O&O DISKIMAGE V1.0

IMPORTANT – PLEASE READ CAREFULLY

This end user license agreement is a legally binding contract between

yourself (as a natural or a legal person) and the company O&O Software

GmbH (O&O) for the software product named above. By installing the

Software License Agreement

O&O DiskImage V1.0 Professional Edition

END-USER LICENSE AGREEMENT (EULA) for

O&O DISKIMAGE V1.0

IMPORTANT – PLEASE READ CAREFULLY

This end user license agreement is a legally binding contract between

yourself (as a natural or a legal person) and the company O&O Software

GmbH (O&O) for the software product named above. By installing the

software product, you declare your agreement with all conditions of the

license agreement.

If you do not agree with the conditions of the license agreement, you are not

entitled to install or use the software product. Should this be the case, you

can return the software product along with a copy of the invoice or receipt to

the distributor from whom the product was purchased in exchange for a full

refund.

The software product is protected by copyright laws and international

copyright contracts as well as other laws and agreements concerning

intellectual property.

IMPORTANT NOTE

This software product utilizes licensed Microsoft Windows technology. It

may only be used in a manner outlined in this agreement and in the product

documentation. It may not be changed or modified in any way. This

software is not meant as an independent operating system, but rather a

software that enables the configuration and restoration of computer systems

and their data in an emergency. Please note that this product will restart

without warning after twenty-four (24) hours of continuous operation.

1. Subject of the contract, System requirements

The subject of this contract is the computer program, the description thereof

and the user manual as well as any other accompanying written material.

This will henceforth also be referred to as “software”.

O&O wishes to point out that, at the current state of technology, it is not

possible to create software that works perfectly in all applications and

combinations. The subject of this contract is therefore a software program

that is fit for the purposes detailed in the description and the user manual.

The software requires Windows 2000 Professional or Windows XP (all

Editions) operating systems. The use of the software per the contract cannot

be guaranteed without one of the aforementioned systems.

2. License granting

For the duration of this contract, O&O grants you the simple, non-exclusive

and personal right (henceforth referred to as "license") to use a copy of the

software on a single computer. If this single computer is a multi-user

system, this right applies for all users of the system.

As license holder you may transfer software saved on a data storage medium

from one computer to another, provided that such software will only ever be

used on a single computer. Repeated and deliberate installation, use, and

subsequent uninstallation on various computers (floating license) is

prohibited.

3. Trial version, license cost

You are entitled to test the software without obligation and free of charge

for a period of 30 days. Should you wish to use the software beyond the 30

day period, you must purchase an appropriate license from O&O or your

supplier.

4. Description of further rights and limits

The license-holder is prohibited from:

1.

altering, translating, reverse-developing, decompiling or

disassembling the software without the advance written permission

of O&O

2.

creating products derived from the software or making copies of

the written material, translating or altering the written material or

creating products derived from the written material

3.

distributing copies of the software to third parties

4.

changing or removing the copyright mark on the copies of the

software

5.

renting out, - or lending the software

The license holder is permitted to transfer all rights from this license

agreement permanently to another person, provided that the recipient also

agrees to all conditions of this license.

The license holder must use the software only in compliance with all

relevant laws and international treaties.

5. Length of the agreement

This agreement is valid indefinitely. The right of a license-holder to use this

software is removed automatically and without notice if he or she violates

one of the terms of this agreement. At the end of the period of right to use,

the license-holder is obliged to destroy the software, all copies of the

software, and the written material.

6. Compensation for breach of contract

O&O would like to point out that you are responsible for any damages

arising from breach of copyright if you violate these contract terms.

7. Changes and Updates

O&O is entitled to update the software as it wishes. O&O is not obliged to

make updated versions available to license holders who have not registered

their product with O&O, or who have not paid the update fee. Any

additional software code that is made available to you as an update is

considered a part of the software and is therefore subject to the terms of this

agreement.

8. O&O’s Guarantees and Responsibility

1.

O&O guarantees the original license-holder that the data medium

carrying the software is free of errors at the point of delivery,

assuming normal operating conditions and a normal level of

maintenance.

2.

If the delivered data carrier is faulty, the purchaser can demand a

replacement during the 24-month guarantee period. For this, he or

she must return the data carrier, any back-up copies and the written

material along with a copy of the invoice or receipt to O&O or to

the dealer where the product was purchased.

3.

If a fault as described in clause 9 b is not corrected by means of a

replacement delivery within a reasonable time period, the purchaser

can demand either that the sale price be reduced or that the contract

be cancelled.

4.

For these reasons and for those mentioned in clause 1 of this

contract, O&O accepts no responsibility for mistakes in the

software. In particular, O&O does not guarantee that the software

will meet the particular requirements and demands of the purchaser

or that it will function together with other software he or she has

chosen. The purchaser is responsible for the correct choice of

software and the consequences of the use of that software, as well

as the results aimed at or intended. The same principle applies to

the written material that accompanies the software. If the software

is fundamentally unfit for use as described in clause 1, the

customer has the right to cancel the contract. O&O has the same

right should the creation of software that is fundamentally fit for

use as described in clause 1 not be practically possible.

5.

O&O is not responsible for any damages, unless such damages are

caused deliberately or arise from gross negligence on the part of

O&O. In contracts with traders, an assumption of responsibility for

gross negligence is excluded. This does not apply to assurances by

O&O that refer to specific characteristics. Responsibility for

damages not included in such an assurance will not be accepted.

6.

Damages for data loss will be restricted to the typical recovery

costs incurred in an environment where regular and appropriate

backup copies have been created.

10. Competency

If the license-holder is a registered merchant under German law, the law that

applies to this contract is the law of the Federal Republic of Germany. In

this case, the state and federal courts of the Federal Republic of Germany

assume responsibility.