@ 1990, Colorado Memory Systems, Inc. All rights reserved. SOFTWARE LICENSE AGREEMENT By operating this software, YOU ARE ACCEPTING A BINDING CONTRACT, so read it first. This tape system software is the property of Colorado Memory Systems, Inc. (the "Company"). It is not public domain software, rather, it is licensed without charge for the Company's customers according to the following terms. If you, the User, do not qualify or cannot accept the terms of this agreement, do not use the software, rather delete all files downloaded. To qualify to use this software, you must: - have a Colorado Memory System tape backup system, and - accept and comply with the terms of this agreement. As used in this agreement "software" means the Tape System Backup software downloaded in this session. LICENSE By acceptance, you are licensed to do only the following: 1. Use the Program on any number of systems to operate a Colorado Memory System's product; and 2. Reproduce the software only as necessary to use it and to create no more than two (2) copies of the software in machine- readable form for back-up purposes only. These rights are the only rights granted. Transferring, sub- licensing, unauthorized copying, or assigning any rights are each expressly prohibited as is modifying the software in any way. LIMITED SOFTWARE WARRANTY COLORADO MEMORY SYSTEMS, INC. LIMITED SOFTWARE WARRANTY What Does This Warranty Cover? Colorado Memory Systems, Inc. (the "Company") warrants to Purchaser that its software, if properly installed and operated on a computer for which it is designed, will perform substantially in accordance with the specifications set forth in the User's Guide provided with the software. This warranty commences on the date of delivery to Purchaser and is good for sixty (60) days thereafter. What are the Company's Obligations Under This Warranty? During the warranty period, the Company agrees to repair or replace, at its sole option, without charge to Purchaser, the software that does not perform substantially in accordance with the specifications set forth in the Software Installation and Operation Guide. If the Company is unable to provide corrected software within a reasonable time, the Company will replace the software with a functionally similar program. After repair or replacement, the Company will return the software to Purchaser, postage and insurance prepaid. To obtain service, Purchaser may call 1-800- 346-9811. Any claim under the warranty must include a dated proof of purchase or invoice. In any event, the Company's liability for non-performing software is limited to repairing or replacing the software. What Does This Warranty Not Cover? This warranty is contingent upon proper use of the software by Purchaser and does not cover damage due to accident, unusual physical, electrical or electromechanical stress, neglect, misuse, failure of electric power, air conditioning, humidity control, transportation, operation with operating systems, media or hardware not approved by the Company, or tampering with or altering of the software. What is the Length of the Warranty? ANY IMPLIED WARRANTIES COVERING THE SOFTWARE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE DATE OF DELIVERY TO PURCHASER. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. What are the Limits on the Company's Liability? IN ANY CASE, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR OTHER LEGAL THEORY EVEN IF THE COMPANY OR OUR AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. 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. This warranty allocates risks of product failure between Purchaser and the Company. The Company's software pricing reflects this allocation of risk and the limitations of liability contained in this warranty. The Company does not warrant that the operation of this software will be uninterrupted, error free or meet Purchaser's specific requirements. The warranty set forth above is in lieu of all other express warranties, whether oral or written. The agents, employees, distributors, and dealers of the Company are not authorized to make modifications to this warranty, or additional warranties binding on the Company. Accordingly, additional statements such as dealer advertising or presentations, whether oral or written, do not constitute warranties by the Company and should not be relied upon. This warranty gives you specific legal rights. You may also have other rights which vary from state to state. GENERAL TERMS The validity and interpretation of the License Agreement shall be governed by Colorado law, except as to copyright and other proprietary matters which may be preempted by United States laws and international treaties. The User consents to exclusive jurisdiction in either state or federal courts in Colorado. In the event any provision of this License Agreement shall be deemed unenforceable, void, or invalid, such provision shall be modified so as to make it valid and enforceable, and as so modified the entire agreement shall remain in full force and effect. This License Agreement sets forth the entire understanding and agreement between the parties and no written or oral representations of any kind whatsoever shall in any way modify or expand the terms of this agreement. Hit ENTER <- now to accept the terms of this contract and begin to use or download the software. ================================================================= COLORADO MEMORY SYSTEMS, INC. ONE YEAR LIMITED HARDWARE WARRANTY What Does This Warranty Cover? Colorado Memory Systems, Inc. (the "Company") warrants to the Purchaser that its hardware is free from defects in workmanship or material under normal use and service. This warranty commences on the date of delivery of the hardware to the Purchaser. What are the Company's Obligations Under This Warranty? During the warranty period, the Company agrees to repair or replace, at its sole option, without charge to Purchaser, any defective component part of the hardware. To obtain service, Purchaser must return the hardware to the Company or an authorized Company distributor in an adequate container for shipping. To obtain assistance on where to deliver the hardware, call 1-800-346-9811. The shipping and insurance charges incurred in shipping to the Company will be paid by Purchaser. Upon receipt, the Company will promptly repair or replace any defective unit, and then return said unit to Purchaser, postage and insurance prepaid. The Company may use reconditioned or like new parts or units, at its sole option, when repairing any hardware. Any claim under the warranty must include a dated proof of purchase or invoice. In any event, the Company's liability for defective hardware is limited to repairing or replacing the hardware. What Does This Warranty Not Cover? This warranty is contingent upon proper use of the hardware by Purchaser and does not cover: expendable component parts such as tapes and the like; or if damage is due to accident, unusual physical, electrical or electromechanical stress, neglect, misuse, failure of electric power, air conditioning, humidity control, transportation, operation with media not approved by the Company, or tampering with or altering of the hardware. What is the Length of the Warranty? ANY IMPLIED WARRANTIES COVERING THE HARDWARE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO ONE YEAR FROM THE DATE OF DELIVERY TO PURCHASER. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. What are the Limits on the Company's Liability? IN ANY CASE, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR OTHER LEGAL THEORY EVEN IF THE COMPANY OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. 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. This warranty allocates risks of product failure between Purchaser and the Company. The Company's hardware pricing reflects this allocation of risk and the limitation of liability contained in this warranty. The warranty set forth above is in lieu of all other express warranties, whether oral or written. The agents, employees, distributors, and dealers of the Company are not authorized to make modifications to this warranty, or additional statements such as dealer advertising or presentations, whether oral or written, do not constitute warranties by the Company and should not be relied upon. This warranty gives you specific legal rights. You may also have other rights which vary from state to state. ================================================================= COLORADO MEMORY SYSTEMS, INC. LIMITED SOFTWARE WARRANTY What Does This Warranty Cover? Colorado Memory Systems, Inc. (the "Company") warrants to Purchaser that its software, if properly installed and operated on a computer for which it is designed, will perform substantially in accordance with the specifications set forth in the User's Guide provided with the software. This warranty commences on the date of delivery to Purchaser and is good for sixty (60) days thereafter. What are the Company's Obligations Under This Warranty? During the warranty period, the Company agrees to repair or replace, at its sole option, without charge to Purchaser, the software that does not perform substantially in accordance with the specifications set forth in the Software Installation and Operation Guide. If the Company is unable to provide corrected software within a reasonable time, the Company will replace the software with a functionally similar program. After repair or replacement, the Company will return the software to Purchaser, postage and insurance prepaid. To obtain service, Purchaser may call 1-800- 346-9811. Any claim under the warranty must include a dated proof of purchase or invoice. In any event, the Company's liability for non-performing software is limited to repairing or replacing the software. What Does This Warranty Not Cover? This warranty is contingent upon proper use of the software by Purchaser and does not cover damage due to accident, unusual physical, electrical or electromechanical stress, neglect, misuse, failure of electric power, air conditioning, humidity control, transportation, operation with operating systems, media or hardware not approved by the Company, or tampering with or altering of the software. What is the Length of the Warranty? ANY IMPLIED WARRANTIES COVERING THE SOFTWARE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE DATE OF DELIVERY TO PURCHASER. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. What are the Limits on the Company's Liability? IN ANY CASE, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR OTHER LEGAL THEORY EVEN IF THE COMPANY OR OUR AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. 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. This warranty allocates risks of product failure between Purchaser and the Company. The Company's software pricing reflects this allocation of risk and the limitations of liability contained in this warranty. The Company does not warrant that the operation of this software will be uninterrupted, error free or meet Purchaser's specific requirements. The warranty set forth above is in lieu of all other express warranties, whether oral or written. The agents, employees, distributors, and dealers of the Company are not authorized to make modifications to this warranty, or additional warranties binding on the Company. Accordingly, additional statements such as dealer advertising or presentations, whether oral or written, do not constitute warranties by the Company and should not be relied upon. This warranty gives you specific legal rights. You may also have other rights which vary from state to state.