LICENSE AGREEMENT: TERMS AND CONDITIONS OF USE

IMPORTANT NOTICE. Read this License Agreement carefully before
downloading or using this Software.  BY DOWNLOADING OR USING THIS
SOFTWARE IN ANY WAY YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND
AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE
TERMS, DO NOT DOWNLOAD THIS SOFTWARE, DO NOT USE THIS SOFTWARE IN ANY
WAY, AND PROMPTLY RETURN THE SOFTWARE (AND ALL WRITTEN MATERIALS AND
CONTAINERS) TO THE PLACE WHERE YOU OBTAINED THEM OR DELETE OR DESTROY
ANY COPIES OF THIS SOFTWARE IN YOUR POSSESSION.

LICENSE. Kroll Ontrack Inc. or any subsidiary ("Kroll Ontrack") grants
you a non-exclusive, non-commercial personal use license to use this
software and any associated documentation ("Software") as indicated
herein.  The Software is designed and licensed for use on a single
computer.  The Software is in "use" on a single computer when it has
been loaded into temporary memory (i.e. RAM) or installed into
permanent memory (e.g. hard disk or other storage device) of that
computer. Use of the Software on multiple computers is not permitted.
You may transfer your license rights to another with the written
permission of Kroll Ontrack, only under the following conditions: You
must transfer a copy of this License Agreement, all documentation, and
at least one complete, unaltered copy of the Software to the other
party.  You must, at the same time, either transfer all your other
copies of the Software to the other party or destroy them.

OTHER RESTRICTIONS. You shall not: (a) remove any product
identification, copyright notices, or other notices or proprietary
restrictions from the Software; (b) transfer, rent, lease, sublicense,
copy, or distribute the Software; (c) cause or permit reverse
engineering, disassembly, decompilation or alteration of this
software; or (d) permit use of the Software in a: (i) computer service
business; (ii) network; (iii) timesharing; or (iv) multiple CPU or
multiple user arrangement unless all CPUs and/or users are properly
individually or site licensed by Kroll Ontrack.

TERM. This License is effective until terminated.  You may terminate
it at any time by destroying the Software, together with all copies
thereof.  This license will also terminate if you fail to comply with
any term or condition of this Agreement.  Upon such termination, you
agree to destroy the Software, together with all copies thereof.

COPYRIGHT/OWNERSHIP.  This Software and its source code are
proprietary products of Kroll Ontrack and are protected by copyright
and other intellectual property laws.  The Software is licensed and
not sold.  You acquire only the right to use the Software and do not
acquire any rights, express or implied, in the Software or media
containing the Software other than those specified in this License.
Kroll Ontrack shall at all times retain all rights, title, interest,
including intellectual property rights, in the Software and media.

TRADEMARKS.  Ontrack, Kroll Ontrack, Disk Manager and the Kroll
Ontrack brand and product names referred to herein are trademarks or
registered trademarks of Kroll Ontrack Inc. or its subsidiaries in the
United States and/or other countries.  All other brand and product
names are trademarks or registered trademarks of their respective
holders.

EXPORT RESTRICTIONS. You agree to comply fully with all laws and
regulations of the United States and other countries (Export Laws) to
assure that neither the Software, nor any direct products thereof are
(1) exported, directly or indirectly, in violation of Export Laws, or
(2) are used for any purpose prohibited by Export Laws, including,
without limitation, nuclear, chemical, or biological weapons
proliferation.

None of the Software or underlying information or technology may be
downloaded or otherwise exported or re-exported (i) into (or to a
national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea,
Iran, Syria or any other country to which the U.S. has embargoed
goods; or (ii) to anyone on the U.S. Treasury Department's List of
Specially Designated Nationals or the U.S. Commerce Department's Table
of Denial Orders. By downloading or using the Software, you are
agreeing to the foregoing and you are representing and warranting that
you are not located in, under the control of, or a national or
resident of any such country or on any such list.

DISCLAIMER OF WARRANTIES.  THIS SOFTWARE IS DISTRIBUTED "AS IS" AND
YOU, ITS USER, ASSUME ALL RISKS WHEN DOWNLOADING OR USING IT.  THERE
ARE NO WARRANTIES EXPRESS OR IMPLIED, BY OPERATION OF LAW OR
OTHERWISE.  KROLL ONTRACK DISCLAIMS THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  KROLL ONTRACK
DOES NOT WARRANT THAT THE SOFTWARE IS NON-INFRINGING, THAT IT WILL
MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED,
ERROR-FREE OR VIRUS FREE. IN NO EVENT SHALL KROLL ONTRACK BE LIABLE
FOR ANY DAMAGES OF ANY KIND INCLUDING DIRECT, INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (WHICH SHALL INCLUDE WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS)
WHETHER BASED ON CONTRACT, TORT OR OTHER LEGAL THEORY, ARISING OUT OF
THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF KROLL ONTRACK HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

GOVERNING LAW: You agree this Agreement shall be governed by the laws
of the State of Minnesota, excluding (i) that body of law known as
conflicts of law, and (ii) the United Nations Convention on Contracts
for the Sale of Goods, and each party hereto submits to the exclusive
jurisdiction of the Courts of that State. You further agree that this
agreement is the complete and exclusive statement of the agreement
between you and Kroll Ontrack relating to the use of this Software.

U.S. GOVERNMENT RESTRICTED RIGHTS.  In the event the Federal
Acquisition Regulations (FAR) or DFARS is applicable to this
Agreement, the Software is provided only with Restricted Rights as
defined in paragraph 52.227-19 or paragraph 252.227-7013(c)(1)(ii),
respectively (or a comparable or successor clause to either), as
applicable.

Contractor/manufacturer is Kroll Ontrack Inc., 9023 Columbine Road,
Eden Prairie, MN 55347.

OEMDM092302

