ELECTRONIC END USER LICENSE AGREEMENT

FOR BorkBack Tape Backup Software

NOTICE TO USER: THIS IS A CONTRACT. BY USING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This End User License Agreement accompanies the BorkBack product. Please read this Agreement carefully.

Upon your acceptance of this Agreement, Borknet Software (the "Author") grants to you a nonexclusive license to use the BorkBack tape backup software (the "Software"), provided that you agree to the following:

You may:

• install and use the Software on any number of computers for private and comercial use.

• make and distribute unlimited copies of the Software, as long as each copy that you make and distribute contains this Agreement.

You may NOT:

• modify, translate, reverse engineer, decompile or disassemble, the Software in whole or in part.

THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, NEITHER EXPRESSED NOR IMPLIED. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. THE AUTHOR MAKES NO WARRANTY THAT THE SOFTWARE WILL BE FREE FROM ERRORS OR FAILURES.

IN NO EVENT WILL THE AUTHOR BE LIABLE FOR ANY DAMAGES, INCLUDING LOSS OF DATA, LOST PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING FROM THE USE OF THE SOFTWARE, HOWSOEVER CAUSED. THIS LIMITATION WILL APPLY EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.