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IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING.

This CAPSTORM End-User License Agreement (“EULA”) is a legal agreement between you (either an individual and/or a commercial entity) and CAPSTORM for the CAPSTORM software products which may include associated software components, printed materials, and “online” or electronic documentation, individually and collectively referred to herein as the “SOFTWARE PRODUCT”. By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not download or use the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

1. GRANT OF LICENSE

The SOFTWARE PRODUCT is licensed as follows:

• (A) Usage Limits. SOFTWARE PRODUCT(S) are subject to usage limits specified in this License or accompanying Documentation. If Customer exceeds a contractual usage limit, Customer will execute a supplemental license for additional quantities or expanded limits promptly upon Capstorm?s request, and/or pay any invoice for excess usage.
   
• (B) Installation and Use. CAPSTORM grants you the right to download and use the SOFTWARE PRODUCT on your computer according to the terms and conditions contained herein.
   
• (C) Backup Copies. You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes only.
   
• (D) Applicable License Types for Software Product:
  

  Which applies to you?	License Type	Description
  If you have not entered into a paid License Plan, and CapStorm granted you an unpaid, temporary key.	Trial Use License Agreement	Capstorm,LLC grants to you non-exclusive, non-transferable permission to use the Software Product for a limited duration evaluation period, under certain restrictions. If paid licensing of the Software Product is not completed prior to the end of the evaluation period, all rights granted herein are withdrawn and terminated, and all use of the Software Product shall cease. You shall delete or destroy all copies of Software Product and all databases created as part of using the Software Product. Multiple trial licenses are not available to an individual, company, business, or organization without permission from Capstorm, LLC. The Trial Use Agreement PROHIBITS PRODUCTION USE OF THE SOFTWARE PRODUCT IN ANY FORM OR CAPACITY WITH OR FOR A SALESFORCE PRODUCTION ORGANIZATION IN ANY AND ALL MANNERS. Additional license terms apply and are referenced herein.
  If you have entered into a paid License Plan, and were granted a commercial use key.	End-User License Agreement (EULA)	Capstorm,LLC grants to you non-exclusive, non-transferable permission to use the Software Product subject to the terms and conditions of a mutually executed End User License Agreement for a license term, under certain restrictions. If the Software Product is not used consistent with the terms of the EULA, all rights granted herein are withdrawn and terminated, and all use of the Software Product shall cease. Additional details contained herein.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

• (A) Maintenance of Copyright Notices. You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.
   
• (B) Distribution. Except as expressly allowed herein or by applicable law, you are not licensed or permitted under this Agreement to do any of the following: copy, reproduce, republish, upload, post, transmit, license, sublicense, modify or create derivative works based on the SOFTWARE PRODUCT in whole or in part, resell or distribute in any way the SOFTWARE PRODUCT; permit any third party to benefit from the use or functionality of the SOFTWARE PRODUCT via a rental, lease, time sharing, service bureau, or other arrangement; transfer any of the rights granted to you under this Agreement; or decompile, disassemble, or otherwise reverse engineer the SOFTWARE PRODUCT except as otherwise permitted by applicable law. You may not distribute copies of the SOFTWARE PRODUCT to third parties.
   
• (C) Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
   
• (D) Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
   
• (E) Support Services. CAPSTORM may provide you with support services related to the SOFTWARE PRODUCT. Any supplemental software code provided to you by CAPSTORM shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.

3. COMPLIANCE WITH APPLICABLE LAWS

You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.

• (A) Reservation of Rights. Subject to the limited rights expressly granted hereunder, Capstorm and its Affiliates reserve all of their right, title and interest in and to the SOFTWARE PRODUCT and related materials, including all of their related intellectual property rights within the United States and/or International jurisdictions. No rights are granted to Customer hereunder other than as expressly set forth herein.
   
• (B) Copyright. All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by CAPSTORM. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by CAPSTORM.

4. NO WARRANTIES

CAPSTORM expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided ‘As Is’ without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. CAPSTORM does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. CAPSTORM makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. CAPSTORM further expressly disclaims any warranty or representation to you or to any third party.

5. LIMITATION OF LIABILITY

In no event shall CAPSTORM be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of your use of or inability to use the SOFTWARE PRODUCT, even if CAPSTORM has been advised of the possibility of such damages. In no event will CAPSTORM be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based on contract, tort or otherwise. CAPSTORM shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.

6. ACCEPTANCE AND ACKNOWLEDGEMENT

Installation and use of the Software Product is in acknowledgement of the terms conditions herein.

Effective 1-December 2020

Schedule A – Registered and Protected Capstorm Software Products

• CopyStorm
• CopyStorm/Restore
• CopyStorm/Director
• CopyStorm/Search
• CopyStorm/View
• CopyStorm/Dump
• CopyStorm/Medic
• CopyStorm/SanityChecker
• SQLForce
• CS:Assure
• CS:Enable
• CS:Govern