Beta Testing End User License Agreement (EULA)

This Beta Testing EULA is a legal agreement ("Agreement") between Archiware GmbH ("Archiware") and an individual or a single entity ("Licensee"). This Agreement covers all software, the associated media, any printed materials, data, files and information and any "online" or electronic documentation ("Software") which it accompanies, and which has been provided to Licensee without payment of any fees or costs. This Agreement takes precedence over any other agreement or terms embedded within the software.

1. Assent to Be Bound By installing, copying or otherwise using this Software, Licensee agrees to be bound by the terms of this Agreement. If Licensee does not agree with any term or condition, he shall not download, open, install or use the Software. In addition, certain third party code may be provided with the Software and/or Service. The third-party license terms accompanying such code, and not the terms of this Agreement, will govern your use of such code.

2. DISCLAIMER THE BETA SOFTWARE LICENSED HEREUNDER MAY CONTAIN DEFECTS OR BUGS. THE PRIMARY PURPOSE OF THIS BETA TESTING LICENSE, WHICH HAS BEEN GIVEN TO LICENSEE AT NO CHARGE OR FEE, IS TO OBTAIN FEEDBACK ON SOFTWARE PERFORMANCE AND THE IDENTIFICATION OF DEFECTS. LICENSEE IS STRONGLY ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SOFTWARE AND/OR ACCOMPANYING MATERIALS.

3. Grant of License Subject to the terms and conditions of this Agreement, Archiware grants to Licensee a revocable, non-exclusive, non-transferable limited right (without the right to sublicense)
(i) to use the Software in accordance with the Documentation solely for purposes of internal testing and evaluation, and
(ii) to copy Software for archival or backup purposes, provided that all titles and trademarks, copyright, and restricted rights notices are reproduced on such copies.

4. Restrictions of Use Except as otherwise specifically permitted in this Agreement, Licensee shall not:
(a) Reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code for the Software;
(b) Make any modification, adaption, improvement, enhancement, translation, localization, or derivative work from the Application (code written to published APIs (application programming interfaces) for the Software shall not be deemed derivative works);
(c) violate any applicable laws, rules or regulations in connection with Licensees access of use of the Software;
(d) Remove, alter or obscure any proprietary notices (including any notice of copyright or trademark) in the Product;
(e) use the Software for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
(f) Copy the Software except as provided in this Agreement or elsewhere by Archiware;
(g) Sublicense or permit simultaneous use of the Software by more than one user;
(h) Redistribute, encumber, sell, rent, lease, sublicense, use the Software in a timesharing or service bureau arrangement, or otherwise transfer rights to any Software.
(i) Publish any results of benchmark tests run on any Software to a third party without Archiware prior written consent.

5. Beta-Software Product Support Archiware is under no obligation to provide technical support under the terms of this license, and provides no assurance that any specific errors or discrepancies in the Software will be corrected.

6. Ownership and Copyright of Software Title to the Software and all copies thereof remain with Archiware. The Software is copyrighted. Except as expressly provided herein, Archiware does not grant any express or implied right to Licensee under Archiware patents, copyrights, trademarks, or trade secret information.

7. Confidentiality The enclosed Software is Confidential Information. Licensee will not disclose Software or any comments regarding Software to any third party without the prior written approval of Archiware. Licensee will maintain the confidentiality of Software with at least the same degree of care that you use to protect their own confidential and proprietary information, but not less than a reasonable degree of care under the circumstances.

8. Feedback from Licensee It is expressly understood, acknowledged and agreed Licensee shall, regardless of whether or not formally requested to do, provide to Archiware reasonable suggestions, comments and feedback regarding the Software, including but not limited to usability, bug reports and test results, with respect to Software testing (collectively, "Feedback"). Contingent upon all of the terms and conditions herein and especially upon Licensee's obligations to provide Feedback, Licensee grants Archiware, under all of Licensee's intellectual property and proprietary rights, the following worldwide, non-exclusive, perpetual, irrevocable, royalty free, fully paid up rights:
(i) to make, use, copy, modify, sell, distribute, sub-license, and create derivative works of, the Feedback as part of any Archiware product, technology, service, specification or other documentation (individually and collectively, "Archiware Products");
(ii) to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell, and sell, rent, lease or lend copies of the Feedback (and derivative works thereof) as part of any Archiware Product;
(iii) solely with respect to Licensee's copyright and trade secret rights, to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties; and
(iv) to sublicense to third parties any claims of any patents owned or licensable by Licensee that are necessarily infringed by a third party product, technology or service that uses, interfaces, interoperates or communicates with the feedback or portion thereof incorporated into a Archiware Product, technology or service. Further, Licensee warrants that Licensee's Feedback is not subject to any license terms that would purport to require Archiware to comply with any additional obligations with respect to any Archiware Products that incorporate any Feedback.

9. Term and Termination This Agreement shall remain in effect until terminated by Licensee or Archiware. Archiware may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. Licensee may also terminate this Agreement by deleting the Application and all copies thereof. This Agreement will terminate immediately, without prior notice from Archiware, in the event that Licensee fails to comply with any provision of this Agreement. Licensee's rights with respect to the Beta Software will also terminate automatically upon the initial commercial release by Archiware of a generally available version of the Software. Upon termination of this Agreement, Licensee shall cease all use of the Application and delete all copies of the Application from any device.

10. Warranty LICENSEE ACKNOWLEDGES AND AGREES THAT THE SOFTWARE IS PROVIDED ON AN „AS IS“ AND „AS AVAILABLE“ BASIS, AND THAT LICENSEES USE OF OR RELIANCE UPOM THE SOFTWARE AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT LICENSEES SOLE RISK AND DISCRETION. ARCHIWARE AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES REGARDING THE SOFTWARE AND THRID PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, ARCHIWARE AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SOFTWARE WILL MEET LICENSEES REQUIREMENTS; (II) THE SOFTWARE WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE OF ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY LICENSEE THROUGH THE SOFTWARE WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE SOFTWARE OR THIRD PARTY CONTENT AND SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY LICENSEE CROM ARCHIWARE OR FROM THE SOFTWARE SHALL CREATE ANY LIABILITY.

11. Limitation on Liability Provision of any Software under this Agreement is experimental and shall not create any obligation for Archiware to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop Software either to Licensee or to any other party. IN NO EVENT SHALL ARCHIWARE OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF ARCHIWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Export Restrictions Licensee acknowledges that Software is of German origin. Recipient agrees to comply with all applicable international and national laws that apply to the Software.

13. Entire Agreement This Agreement constitutes the complete and exclusive agreement between Archiware and Licensee with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein. This Agreement may not be amended except in a writing duly signed by an authorized representative of Archiware and Licensee.