Active@ KillDisk END-USER LICENSE AGREEMENT

IMPORTANT-READ CAREFULLY:

This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and The LSoft Technologies for the Active@ KillDisk later referred to as 'SOFTWARE'. By installing, copying, or otherwise using the SOFTWARE you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE.

WE REQUIRE ALL OUR DEALERS TO PROVIDE EACH PURCHASER WITH FREE DEMO OF THE SOFTWARE TO GET A FULL UNDERSTANDING OF THE CAPABILITIES AND THE EASE OF USE OF THE SOFTWARE. OUR DEALERS HAD TO RECOMMEND YOU TO DOWNLOAD A FREE DEMO. WE WON'T ISSUE ANY REFUNDS AFTER PURCHASING FULL VERSION OF THE SOFTWARE.

LSoft Technologies may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in this document. The furnishing of this document does not give you any license to these patents, trademarks, copyrights, or other intellectual property.

SOFTWARE LICENSE

The SOFTWARE is licensed, not sold. Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the SOFTWARE.

GRANT OF LICENSE
- (a) FREE COPY. You may use the full featured FREE SOFTWARE without charge on an evaluation basis for non commercial use to erase USBs and hard disks using [One Pass Zeros] data destruction method only. You must pay the license fee and register your copy to get professional version of the product that can erase or wipe out disks using other data destruction methods, including DoD 5220.22-M. You must also pay the license fee and register your copy if you use SOFTWARE commercially or re-distribute it with commercial software and hardware.
- (b) REDISTRIBUTION OF FREE COPY. If you are using FREE SOFTWARE on an evaluation basis you may make copies of the FREE SOFTWARE as you wish; give exact copies of the original FREE SOFTWARE to anyone; and distribute the FREE SOFTWARE in its unmodified form via electronic means (Internet, e-mail, Shareware distribution libraries, CD-ROMs, etc.). You may not charge any fee for the copy or use of the evaluation FREE SOFTWARE itself, but you may charge a distribution fee that is reasonably related to any cost you incur distributing the FREE SOFTWARE (e.g. packaging). You must not represent in any way that you are selling the software itself. Your distribution of the FREE SOFTWARE will not entitle you to any compensation from LSoft Technologies. You must distribute a copy of this EULA with any copy of the Software and anyone to whom you distribute the SOFTWARE is subject to this EULA.
- (c) REGISTERED COPY. After you have purchased the license for SOFTWARE, and have received SOFTWARE distribution package, you are licensed to copy the SOFTWARE only into the number of HDDs, CD/DVD or USBs, or combination of the thee not exceeding the corresponding number of licenses purchased. Under no other circumstances may the SOFTWARE be operated at the same time on more than the number of HDD, CD/DVD discs or USBs for which you have paid a separate license fee. You may not duplicate the SOFTWARE in whole or in part, except that you may make one copy of the SOFTWARE for backup or archival purposes. You may terminate this license at any time by destroying the original and all copies of the SOFTWARE in whatever form. You may permanently transfer all of your rights under this EULA provided you transfer all copies of the SOFTWARE (including copies of all prior versions if the SOFTWARE is an upgrade) and retain none, and the recipient agrees to the terms of this EULA.
- (d) SITE AND ENTERPRISE LICENSES "Site" license means that you can use SOFTWARE without of any limitations at one company's office (one physical location). "Enterprise" license means that you can use SOFTWARE without of any limitations at all company's offices and branches (worldwide). This software’s Site or Enterprise license can be used on all computers without any limitations within the department for which the license is issued to (the “Registered Name”). Site or Enterprise licenses cannot be transferred to departments with different legal names. Software is registered to a particular company/department name and can only be used within the department it is licensed to.
RESTRICTIONS. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, or lend the SOFTWARE. You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA. You may not use the SOFTWARE to perform any unauthorized transfer of information (e.g. transfer of files in violation of a copyright) or for any illegal purpose.
SUPPORT SERVICES. LSoft Technologies may provide you with support services related to the SOFTWARE. Use of Support Services is governed by the LSoft Technologies polices and programs described in the online documentation and web site, and/or other LSoft Technologies-provided materials, as they may be modified from time to time. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE and subject to the terms and conditions of this EULA. With respect to technical information you provide to LSoft Technologies as part of the Support Services, LSoft Technologies may use such information for its business purposes, including for product support and development. LSoft Technologies will not utilize such technical information in a form that personally identifies you.
TERMINATION. Without prejudice to any other rights, LSoft Technologies may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE.
COPYRIGHT. The SOFTWARE is protected by copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of LSoft Technologies and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.
DISCLAIMER OF WARRANTY. LSoft Technologies expressly disclaims any warranty for the SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
LIMITATION OF LIABILITY. IN NO EVENT SHALL LSOFT TECHNOLOGIES OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE, EVEN IF LSOFT TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, LSOFT TECHNOLOGIES'S ENTIRE LIABILITY UNDER ANY PROVOSION OF THIS EULA SHALL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT.

LSoft Technologies reserves all rights not expressly granted here.

SUPPORT SERVICES

LSoft Technologies may provide you with support services related to the SOFTWARE.

Use of Support Services is governed by the LSoft Technologies polices and programs described in the online documentation and web site, and/or other LSoft Technologies-provided materials, as they may be modified from time to time.

Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE and subject to the terms and conditions of this EULA.

With respect to technical information you provide to LSoft Technologies as part of the Support Services, LSoft Technologies may use such information for its business purposes, including for product support and development.

LSoft Technologies will not utilize such technical information in a form that personally identifies you.