Arkeia Software License Agreement

In order to preserve and protect its rights within the framework of currently applicable legislation, Arkeia Software, Inc., hereinafter referred to as ARKEIA, does not sell rights to this SOFTWARE, but grants the right to use this SOFTWARE, within the terms of this license agreement, hereinafter referred to as LICENSE AGREEMENT, and expressly retains ownership rights to all ARKEIA SOFTWARE. If you do not agree with all the terms and conditions of this LICENSE AGREEMENT you can obtain a refund by return-ing the SOFTWARE, all its manuals, its documentation and the original sealed license envelope, in salable condition, to the place you obtained them.

1. GRANT OF LICENSE. In return for payment of LICENSE fees included in the cost of the SOFTWARE and your commitment to comply with the terms and conditions of this LICENSE AGREEMENT as well as the limited warranty attached to, ARKEIA, the licenser, grants to you, the LICENSEE, the non-exclusive and non-transferable right to use the SOFTWARE on a single computer known as the backup server, here in after referred to as the SERVER, and its associated client computers, here in after referred to as CLIENTS, provided that the terms and conditions of the license are complied with. If the SERVER or CLIENT on which the SOFTWARE is operated constitutes a system with several users, the LICENSE AGREEMENT shall apply to all such users without incurring additional costs. ARKEIA reserves all rights that are not expressly granted to the LICENSEE.

2. COPYRIGHT. The beneficiary of the LICENSE is the owner of the magnetic media, or any other type of media on which the SOFTWARE is initially, or subsequently, recorded or stored. However, this License is granted on the express condition that ARKEIA retains copyrights to the SOFTWARE recorded on the original media as well as copyrights to all copies made, irrespective of the format and the media of said original media and said copies. This LICENSE does not constitute a sale of the original SOFTWARE or of any copy thereof.

3. REPRODUCTION RESTRICTIONS. This SOFTWARE and the accompanying written materials are protected by copyright. Unauthorized reproduction of the SOFTWARE, including its modification, integration or inclusion in another software, or of the accompanying written materials is strictly forbidden. The LICENSEE is liable to legal sanctions for any copyright infringement caused or prompted by any breach, on the part of the LICENSEE, of the terms and conditions of this LICENSE AGREEMENT. Subject to the above-mentioned restrictions, the LICENSEE is authorized to make one (1) backup copy of the SOFTWARE. Notice of copyright must appear on the backup copy.

4. RESTRICTIONS OF USE. The LICENSEE is authorized to physically transfer the SOFTWARE from one SERVER to another SERVER on condition that said SOFTWARE is completely and totally removed from the original SERVER. Electronic transfers of the SOFTWARE from one SERVER to another within a distribution network for the purpose of copying the SOFTWARE or the accompanying written materials are strictly forbidden. The LICENSEE shall not modify, adapt, translate, reverse engineer, decompile, disassemble or create written materials based on the SOFTWARE, and shall not modify, adapt, translate or write literature based on the written materials without the prior express written consent from ARKEIA.

5. TRANSFER RESTRICTIONS. No person whomsoever shall be authorized to operate this SOFTWARE without the prior express written consent from ARKEIA. Any beneficiary of a transfer thus authorized shall be bound by the terms and conditions of this LICENSE AGREEMENT and the limited warranty attached there. Under no circumstances shall the LICENSEE be entitled to transfer, convey, lease or sell the SOFTWARE, nor shall it be entitled to dispose thereof, in any manner whether tem-porary or permanent, except where otherwise expressly provided for herein.

6. CANCELLATION. This LICENSE AGREEMENT shall remain valid until its cancellation and shall be canceled, as a right without prior notice by ARKEIA should the LICENSEE fail to comply with the terms and conditions of this LICENSE AGREEMENT. In the event of cancellation, the LICENSEE shall immediately destroy all written materials and all copies of the SOFTWARE, including copies, where appropriate.

7. MISCELLANEOUS. This LICENSE AGREEMENT is governed by the laws of France if the LICENSEE acquired the SOFTWARE in France, with respect to ARKEIA, their successors and assigns. This LICENSE AGREEMENT is governed by the laws of the State of California (USA) if the LICENSEE acquired the SOFTWARE in any country except France, with respect to ARKEIA, their successors and assigns.

If you would like further information on this LICENSE AGREEMENT, please write to:

Attn: Corporate Counsel
Arkeia Software, Inc.
1808 Aston Avenue
Carlsbad, California 92008
USA