LICENSE AGREEMENT: TERMS AND CONDITIONS OF USE IMPORTANT NOTICE: Read this License Agreement carefully before installing or using this Software. BY INSTALLING 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 INSTALL 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. HDDGURU grants you a non-exclusive, private or commercial 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, except for the Personal license, which can be used on any number of computers within one household. 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. You may transfer the software to another computer by uninstalling the software and then installing it on the new computer. You may transfer your license rights to another with the written permission of HDDGURU 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 without written permission from HDDGURU; (c) cause or permit reverse engineering, disassembly, decompilation or alteration of this software. 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 HDDGURU 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. HDDGURU shall at all times retain all rights, title, interest, including intellectual property rights, in the Software and media. TRADEMARKS. Product names referred to herein are trademarks or registered trademarks of HDDGURU. 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 installing 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 INSTALLING OR USING IT. THERE ARE NO WARRANTIES EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE. HDDGURU DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HDDGURU 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 HDDGURU 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 HDDGURU 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 California, 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 HDDGURU relating to the use of this Software.