CopyWipe (WinConsole) 1.14

Freeware License Agreement

PLEASE READ THIS AGREEMENT (THE "AGREEMENT") CAREFULLY BEFORE UPGRADING,

COPYING, INSTALLING, OR USING SOFTWARE FROM TERABYTE INC. ("TERABYTE").

WHEREAS, TeraByte is a vendor of software products, and

WHEREAS, the individual or entity using this product ("User") desires to

obtain the rights to use this product,

NOW, THEREFORE, in consideration of the mutual covenants and promises

Freeware License Agreement

PLEASE READ THIS AGREEMENT (THE "AGREEMENT") CAREFULLY BEFORE UPGRADING,

COPYING, INSTALLING, OR USING SOFTWARE FROM TERABYTE INC. ("TERABYTE").

WHEREAS, TeraByte is a vendor of software products, and

WHEREAS, the individual or entity using this product ("User") desires to

obtain the rights to use this product,

NOW, THEREFORE, in consideration of the mutual covenants and promises

contained herein, and for good and valuable consideration, TeraByte and

User agree that the foregoing recitals are true and correct, and agree as

follows.

I. Definitions

A. The Software

Computer software products owned by TeraByte, and computer

software products owned by suppliers of TeraByte, distributed

by TeraByte under agreement with the owners of such software,

which software products have been offered by TeraByte as

Freeware, i.e. available for use without payment of licensing

fees.

B. Media Fees

Such fees as may be charged by TeraByte to User, or by User

to third parties, to compensate for the cost of the media

used to transfer the Software.

C. License

The right for User to use the Software pursuant to the terms

and conditions defined herein. The absence of a license fee

shall in no way be an indication of a willingness or desire

on the part of TeraByte to place the Software in the public

domain. TeraByte intends to retain, and does retain, all

intellectual property and ownership rights in the Software.

D. Shrinkwrap Agreement

The unsigned agreement distributed with the Software defining

the standard terms and conditions under which the Software is

distributed and license granted.

II. Acceptance Of Terms

A. This agreement shall be accepted by User upon User's

performance of any of the following acts:

a. Installation, copying, or use of the Software on one or

more of User's computers;

b. Distribution of the Software to any party other than

TeraByte;

c. Retention of installable version of the Software for

more than fifteen (15) days; or

d. Any other act not consistent with non-acceptance of the

terms and conditions recited herein.

B. If User does not accept the terms and conditions recited

herein, User shall delete, return, and/or discard any files,

data, or materials associated with the Software.

C. If User has a License Agreement executed by an authorized

representative of TeraByte (and "Executed Agreement")

containing one or more terms and conditions which are

inconsistent with the terms and conditions contained in the

shrinkwrap license, then to the extent necessary, the terms

and conditions of the Executed Agreement shall supersede

those of the shrinkwrap license.

III. Scope of Use

A. User may use the Software on an unlimited number of

computers.

B. User may distribute the Software to third-parties only where

such third-parties are aware of, and agree to be bound by,

the terms and conditions contained in this Agreement. Such

distribution shall include all files associated with the

Software.

C. User may only use the Software in accordance with its

intended use as documented by TeraByte and distributed along

with the Software.

D. The Software may not be used to support any third party

product without the express written consent of an authorized

representative of TeraByte.

E. User may not modify the Software, any accompanying

documentation, or any file utilized in the delivery or

distribution of the Software or any accompanying

documentation, without the express written consent of an

authorized representative of TeraByte.

F. User may not reverse engineer, decompile, nor take any other

steps consistent with an attempt to reveal any confidential,

trade secret, or other non-public information associated with

the Software. Further, User may not assist any other party

attempting to reverse engineer, decompile, nor take any other

steps consistent with an attempt to reveal any confidential,

trade secret, or other non-public information associated with

the Software. Should User become aware of any activity in

violation of this term, whether or not under User's control

or authorization, User will inform TeraByte of such activity

and assist TeraByte in terminating such activity and

protecting its threatened rights.

G. User may not sell, rent, lease, or otherwise charge for the

distribution, installation, copying, or storage of the

Software, other than a media fee as defined herein.

H. User may not sell, rent, lease, distribute, or use the

Software, nor cause the Software to be sold, rented, leased,

distributed, or used, where such sale, rental, lease,

distribution, or use is prohibited by any statute or

governmental agency of the United States or other

international, national, or local entity having jurisdiction

at the point of sale, rental, lease, distribution, or use,

nor may User sell, rent, lease, distribute, or use the

Software where User is aware that such sale, rental, lease,

distribution, or use is likely to result directly or

indirectly in a sale, rental, lease, distribution, or use

prohibited by any statute or governmental agency of the

United States or other international, national, or local

entity having jurisdiction at the point of initial or

subsequent sale, rental, lease, distribution, or use.

IV. TERM AND TERMINATION

The terms and conditions of this Agreement shall remain effective

until this Agreement is terminated. Termination may be affected as

follows:

A. Termination by User. User may terminate this Agreement

at any time by destroying all copies of the Software,

as indicated below.

B. Termination by TeraByte.

a. TeraByte may terminate this Agreement at any point

upon notice to User if user, in TeraByte's sole

discretion, is in breach of any of the terms and

conditions contained herein, and fails to remedy

such breach within a reasonable period, but in no

event more than ten (10) days, following receipt of

such notice.

b. TeraByte may terminate this Agreement at any point

upon notice to User if TeraByte ceases to offer

Freeware licenses, or changes the terms and

conditions under which such licenses are offered,

and User is unwilling to accept the revised terms

and conditions.

c. TeraByte may terminate this Agreement at any point

should User's normal business operations be

disrupted or discontinued for mor than thirty (30)

days due to User's insolvency, bankruptcy,

receivership, or business termination.

Upon termination of this Agreement, User shall return, delete, or

destroy all copies of the Software, or any portion of the Software,

remaining in User's possession or under User's control, including all

distribution media containing distributable copies of all or any portion

of the software.

V. OWNERSHIP AND CONFIDENTIAL INFORMATION

TeraByte or its licensors own the Software under copyright, trade

secret and all other laws that may apply. All product names, designs,

and logos associated with the Software are trademarks of TeraByte. The

source code of the Software and all information regarding the design,

structure or internal operation of the Software are valuable trade

secrets of TeraByte or third parties with which TeraByte has licensing

arrangements ("Confidential Information"), provided however, that

"Confidential Information" shall not include information which otherwise

would be Confidential Information to the extent that such information was

publicly known or otherwise known to User previously to the time of

disclosure, which subsequently became known through no act or omission by

User, or which otherwise became known to User other than through

disclosure by TeraByte without violation of any party's obligations to

TeraByte. User shall not sell, transfer, publish, disclose, display or

otherwise permit access to any Confidential Information by any third

party, nor use any of the Confidential Information, except strictly as

part of the Software in the form originally distributed by TeraByte.

VI. Disclaimer of Warranty

The software and related documentation are provided "as is",

without warranty of any kind. TeraByte, Inc. disclaims all warranties,

express or implied, including, but not limited to, the implied warranties

of design, merchantability, fitness for a particular purpose. TeraByte,

Inc. does not warrant that the functions contained in the software or

documentation will meet User's requirements, or that the operation of the

software will be error-free, complete, or that defects in the software or

documentation will be corrected.

VII. Limitation of Liability

Under no circumstances shall TeraByte, Inc., nor any other person

or entity involved in the creation, production, or delivery of the

Software be liable for any lost revenue or profits or any incidental,

indirect, special, punitive, or consequential damages that result from

the use or inability to use the Software or related products or

documentation, even if TeraByte, Inc. has been advised of the possibility

of such damages.

Some states do not allow the limitation or exclusion of liability

for incidental or consequential damages so the above limitation or

exclusion may not apply. In no event shall TeraByte, Inc.'s total

liability to User for all damages, losses, and causes of action, whether

in contract, tort or otherwise, exceed the amount paid for the software,

including media fees.

VIII. HIGH RISK ACTIVITIES

The Software is not fault-tolerant and is not designed,

manufactured or intended for use on equipment or software running in

hazardous environments requiring fail-safe performance, including but not

limited to the operation of nuclear facilities, aircraft navigation or

communication systems, air traffic control, direct life support machines,

or weapons systems, in which the failure of the Software could contribute

to death, personal injury, or severe physical or environmental damage

("High Risk Activities"). TERABYTE AND ITS SUPPLIERS SPECIFICALLY

DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS OF THE SOFTWARE FOR

HIGH RISK ACTIVITIES. TERABYTE DOES NOT AUTHORIZE USE OF THE SOFTWARE

FOR ANY HIGH RISK ACTIVITY. USER AGREES TO DEFEND AND INDEMNIFY

TERABYTE, AND HOLD TERABYTE HARMLESS, FROM AND AGAINST ANY AND ALL

CLAIMS, ACTIONS, LOSSES, COSTS JUDGMENTS AND DAMAGES OF ANY KIND IN

CONNECTION WITH USE IN RELATION TO ANY HIGH RISK ACTIVITY OF ANY COPY OF

THE SOFTWARE RELATING TO THIS LICENSE.

IX. GENERAL TERMS

A. ENTIRE AGREEMENT. This Agreement constitutes the entire

agreement between User and TeraByte in regard to the subject

matter herein, and supersedes all previous and

contemporaneous agreements, proposals and communications,

written or oral between the parties. No amendment of this

Agreement shall be effective unless in writing and signed by

duly authorized representatives of both parties.

B. NON-WAIVER. Waiver by TeraByte of any violation of any

provision of this License shall not be deemed to waive any

further or future violation of the same or any other

provision.

C. LAW AND JURISDICTION. This License and any dispute relating

to the Software or to this License shall be governed by the

laws of the United States and the laws of the State of

Nevada, without regard to U.S. or Nevada choice of law rules.

User agrees and consents that jurisdiction and proper venue

for all claims, actions and proceedings of any kind relating

to TeraByte or the matters in this License shall be

exclusively in courts located in Las Vegas, Nevada. If a

court with the necessary subject matter jurisdiction over a

given matter cannot be found in Las Vegas, then jurisdiction

for that matter shall be exclusively in a court with the

proper jurisdiction as close to Las Vegas as possible, and

within Nevada if possible.

D. SEVERABILITY. If any part or provision of this License is

held to be unenforceable for any purpose, including but not

limited to public policy grounds, then both parties agree

that the remainder of the License shall be fully enforceable

as if the unenforceable part or provision never existed.

E. NON-ASSIGNMENT. User may not assign this License without the

prior written consent of TeraByte, except, where User is a

commercial entity, as part of a sale of all or substantially

all of the assets of User's business.

F. NO THIRD PARTY BENEFICIARIES. There are no third party

beneficiaries of any promises, obligations or representations

made by TeraByte herein.

G. HEIRS AND ASSIGNS. This Agreement shall be binding on and

shall inure to the benefit of the heirs, executors,

administrators, successors and assigns of the parties hereto,

but nothing in this paragraph shall be construed as a consent

by TeraByte to any assignment of this agreement except as

provided hereinabove.

H. SURVIVAL. The provisions of paragraphs II.C, III.B, III.C-H,

V, VI, VII, VIII, and IX.A-C of this Agreement shall survive

any termination or expiration of this Agreement.