SOFTWARE LICENSE AGREEMENT

BY CLICKING ON THE "Buy Now" BUTTON, DOWNLOADING THE SOFTWARE, OR USING THE PRODUCTS THAT CONTAINS THE SOFTWARE, YOU ARE CONSENTING TO THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT CLICK THE "Buy Now" BUTTON AND DO NOT DOWNLOAD THE SOFTWARE. THIS SOFTWARE IS LICENSED AND NOT SOLD.

Single User License Grant: DiscCloud ("DiscCloud") grants to Customer ("Customer") a nonexclusive and nontransferable license to use one copy of DiscCloud software ("Software") as a single instance on computers owned or leased by Customer or otherwise embedded in products provided by DiscCloud licensed equipment manufacturers.

Multiple-Users License Grant: DiscCloud ("DiscCloud") grants to Customer ("Customer") a nonexclusive and nontransferable license to use the DiscCloud software ("Software") on a single computer and to be used by no more than the number of users for which Customer has paid a licensing fee ("Licensed Number of Users");

EXCEPT AS EXPRESSLY AUTHORIZED ABOVE, CUSTOMER SHALL NOT: COPY, IN WHOLE OR IN PART, SOFTWARE OR DOCUMENTATION; MODIFY THE SOFTWARE; REVERSE ENGINEER ALL OR ANY PORTION OF THE SOFTWARE; OR RENT, LEASE, DISTRIBUTE, SELL, OR CREATE DERIVATIVE WORKS OF THE SOFTWARE.

Customer agrees that aspects of the licensed materials, including the specific design and structure of individual programs, constitute trade secrets and/or copyrighted material of DiscCloud. Customer agrees not to disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of DiscCloud or a DiscCloud designated agent. Title to Software and documentation shall remain solely with DiscCloud.

WARRANTY. THERE IS NO WARRANTY FOR THE SOFTWARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW AND THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

DISCLAIMER. EXCEPT AS SPECIFIED IN THIS LICENSE, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW.

IN NO EVENT WILL DISCCLOUD OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY.

All such software products are provided AS IS without any warranty whatsoever.

This License is effective until terminated. Customer may terminate this License at any time by destroying all copies of Software including any documentation. This License will terminate immediately without notice from DiscCloud if Customer fails to comply with any provision of this License. Upon termination, Customer must destroy all copies of Software.

This License constitutes the entire agreement between the parties with respect to the use of the Software.