DiskDeleter CD distribution permissions and end-user license agreement

BluestSoft
End User License Agreement

IMPORTANT READ CAREFULLY: This End User License Agreement (“Agreement”) is
a legal and binding agreement between you (either an individual or a single
entity) (“You” or “Your”) and BluestSoft, Inc. (“BLUESTSOFT”) for the
software product You are about to download (or otherwise install) and the
associated proprietary media, printed materials, any associated
documentation (including any electronic documentation), and also any updates
or modifications of the foregoing provided by BLUESTSOFT or its licensees or
agents to You (collectively “Software”).

WHEN YOU CLICK ON THE “I ACCEPT” BUTTON OR WHEN YOU OTHERWISE INSTALL OR
USE ANY PART OF THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE
BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO (OR CANNOT COMPLY
WITH) ALL OF THE TERMS OF THIS AGREEMENT, (1) CLICK THE “I DO NOT ACCEPT”
BUTTON, AND YOU WILL NOT BE AUTHORIZED TO USE OR HAVE ANY LICENSE TO USE ANY
PART OF THE SOFTWARE.

Under this Agreement, You are obtaining one of the following three types of
licenses: (1) a “Trial License” which will allow you to use the Software
free of charge with limitation designated by BLUESTSOFT for evaluation
purposes only; (2) a “Single-User License” which will allow you to use one
copy of the Software for Your personal use; or (3) a “Volume License”
which is a license granted when You have purchased multiple seats to the
Software and which will allow you to use the Software on multiple computers
at once.

1. License.

(a) Trial License. If You are purchasing a Trial License, subject to
Your compliance with the terms and conditions of this Agreement, BLUESTSOFT
hereby grants to You a limited, personal, non-sublicensable,
non-transferable, non-exclusive license to:

(i) use one copy of the Software to evaluate the Software and only for
Your personal, non-organizational, non-enterprise, and noncommercial use on
multiple computer systems owned or controlled by You personally and only in
accordance with the accompanying end user documentation; and

(ii) make one copy of the Software in machine readable form solely for
archival back-up purposes, provided You reproduce BLUESTSOFT`s copyright
proprietary legends in any such copy.

(b) Single User License. If You are purchasing a Single-User License,
subject to Your compliance with the terms and conditions of this Agreement,
BLUESTSOFT hereby grants to You a limited, personal, non-sublicensable,
non-transferable, non-exclusive license to:

(i) use one copy of the Software only for Your personal,
non-organizational, non-enterprise, and noncommercial use on multiple
computer systems owned or controlled by You personally and only in
accordance with the accompanying end user documentation; and

(ii) make one copy of the Software in machine readable form solely for
archival back-up purposes, provided You reproduce BLUESTSOFT`s copyright
proprietary legends in any such copy.

(c) Volume License. If You are purchasing a Volume License from
BLUESTSOFT or one of its authorized distributors, subject to Your compliance
with the terms and conditions of this Agreement, BLUESTSOFT hereby grants to
You a limited, personal, non-sublicensable, non-transferable, non-exclusive
license to:

(i) install the object code of the Software on computers owned or
controlled by You only for Your business purposes, provided that the number
of computers that the Software may be installed on shall never exceed the
number of seats of the Software You have purchased from BLUESTSOFT or its
distributors; and

(ii) use the Software in accordance with the relevant BLUESTSOFT end user
documentation.

2. License Restrictions.

(a) General Restrictions. You shall not (nor shall You permit anyone
else to) directly or indirectly: (i) copy (except as expressly set forth
above), modify, or distribute the Software or any portion thereof; (ii)
reverse engineer, disassemble, decompile or otherwise attempt to discover
the source code or structure, sequence and organization of the Software or
any portion thereof (except where the foregoing is permitted by applicable
local law, and then only to the extent so permitted); (iii) rent, lease, or
use the Software or any portion thereof for timesharing or service bureau
purposes, or otherwise use or allow the use of the Software or any portion
thereof for any commercial purpose or on behalf of any third party; (iv)
remove or obscure any proprietary notices on the Software; (v) post or
otherwise make available the Software, or any portion thereof, in any form,
on the Internet or the World Wide Web; (vi) distribute copies of the
Software to others (electronically or otherwise); (vii) use a previous
version of the Software after you receive a new version and are asked to
discontinue using the previous version; (viii) export or reexport the
Software in violation of any laws or regulations; or (ix) make any single
copy of the Software available for use by multiple users over any network or
from any remote workstation or terminal. Each single computer on which
Software is installed and used shall be primarily available to only a single
user. You are responsible for all fees and costs associated with the
copying and installation of the Software. As a specific condition of this
license, You agree to use the Software in compliance with all applicable
laws, including without limitation copyright laws, and that You will not
copy, transmit, perform or distribute any audio, video or other content
using the Software without obtaining all necessary licenses or permissions
from the owner of the content.

(b) Restrictions limited to Volume License. If you are purchasing a
Volume License: (i) if the Software is moved from one single computer to
another computer owned or controlled by You, You must destroy the copy on
the first computer, unless the number of Seats purchased allows for the
addition of another copy; and (ii) You may not install the Software on any
computer not owned or controlled by You.

3. Third Party Software License Agreement.

You acknowledge, confirm, and agree that: (i) BLUESTSOFT may provide you, in
connection with the Software, with a third party software licensed to you
pursuant to a third party software license agreement (the “Third Party
Software”); and (ii) your right to use such Third Party Software is
governed exclusively by the applicable Third Party Software license
agreements.

4. Proprietary Rights.

BLUESTSOFT and its licensors shall own and retain all right, title, and
(except as expressly licensed hereunder) interest in and to the Software,
all copies or portions thereof, and any derivative works thereof (by
whomever created). The Software is protected by copyright laws and
international copyright treaties, as well as other intellectual property
laws and treaties. Notwithstanding anything else, the Software is licensed
and not sold. All rights in the Software not specifically granted in this
Agreement are reserved by BLUESTSOFT and its licensors.

5. Confidentiality.

You agree to maintain the Software and any data or databases contained
therein in confidence and that You will not disclose the Software to any
third party without the express written consent of BLUESTSOFT. You may not
use the Software except as set forth herein. You further agree to take all
reasonable precautions to preclude access of unauthorized persons to the
Software.

6. Term and Termination.

This license is effective until terminated hereunder; provided, however,
that if you are only permitted to use the Software on a trial basis with a
limited trial period, this license is only effective for the trial period
specified by BLUESTSOFT. You may terminate the license at any time by
destroying the Software (including the related documentation) together with
all copies or modifications in any form. BLUESTSOFT will have the right to
terminate the license granted herein immediately if You fail to comply with
any term or condition of this Agreement. The license granted to You herein
will terminate automatically upon any breach of Section 2 or 3. Upon
termination of this Agreement for any reason, You shall immediately stop
using the Software and shall destroy and remove from all computers, hard
drives, networks, and other storage media all copies of the Software.
Sections 2, 3, and 4 through 16 shall survive any termination of this
Agreement.

7. Limited Warranty.

Except if You are purchasing a Trial License with a limited trial period,
for a period of sixty (60) days from the date You purchase the Software (the
“Warranty Period”), BLUESTSOFT and its licensors warrant only that the
Software will perform substantially in accordance with the specifications
stated for the Software in the accompanying written end-user documentation.
THIS WARRANTY SHALL NOT APPLY TO ANY SOFTWARE WHICH HAS BEEN ABUSED,
MISUSED, DAMAGED IN TRANSPORT, ALTERED, NEGLECTED, OR SUBJECTED TO
UNAUTHORIZED REPAIR OR INSTALLATION, AS REASONABLY DETERMINED BY BLUESTSOFT.
THE FOREGOING LIMITED WARRANTY SHALL NOT APPLY IF YOU ARE PURCHASING A TRIAL
LICENSE WITH A LIMITED TRIAL PERIOD.

NOTWITHSTANDING ANYTHING ELSE HEREIN, THE ENTIRE LIABILITY OF BLUESTSOFT
AND ITS LICENSORS, AND YOUR EXCLUSIVE REMEDY FOR A BREACH OF THE FORGOING
WARRANTY, SHALL BE, AT BLUESTSOFT’S OPTION AND EXPENSE: (A) REPAIR OR
REPLACEMENT OF THE SOFTWARE FOR SOFTWARE THAT MEETS THE WARRANTY OR (B) A
REFUND OF THE PURCHASE PRICE PAID BY YOU FOR THE SOFTWARE AMORTIZED OVER A
FIVE (5) YEAR PERIOD, IN BOTH CASES WHERE THE SOFTWARE IS RETURNED TO
BLUESTSOFT ACCORDING TO THE CLAIM PROCEDURE BELOW, WITHIN THE WARRANTY
PERIOD.

8. Warranty Disclaimer.

THE LIMITED WARRANTY SET FORTH IN SECTION 7 IS THE ONLY WARRANTY PROVIDED BY
BLUESTSOFT AND DOES NOT APPLY IF YOU ARE PURCHASING A TRIAL LICENSE. EXCEPT
FOR THE FOREGOING, THE SOFTWARE AND ANY SERVICES ARE PROVIDED “AS IS” AND
BLUESTSOFT MAKES NO WARRANTY OF ANY KIND WITH REGARD TO THE SOFTWARE OR ANY
SERVICES PROVIDED BY BLUESTSOFT HEREUNDER. BLUESTSOFT EXPRESSLY DISCLAIMS
ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR
NONINFRINGEMENT.

BLUESTSOFT does not warrant that: (i) the functions contained in the
Software will meet your requirements or operate in the combination that you
may select for use; (ii) the operation of the Software will be uninterrupted
or error free; or (iii) defects in the Software will be corrected. No oral
or written statement by BLUESTSOFT, or any of its distributors, licensors,
representative, or dealers, shall create a warranty or increase the scope of
this warranty.

BLUESTSOFT DOES NOT WARRANT THE SOFTWARE AGAINST INFRINGEMENT OR THE LIKE
WITH RESPECT TO ANY UNITED STATES OR INTERNATIONAL COPYRIGHT, PATENT, TRADE
SECRET, TRADEMARK, OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY AND DOES
NOT WARRANT THAT THE SOFTWARE DOES NOT INCLUDE ANY VIRUS, SOFTWARE ROUTINE,
OR OTHER SOFTWARE DESIGNED TO PERMIT UNAUTHORIZED ACCESS, TO DISABLE, ERASE,
OR OTHERWISE HARM SOFTWARE, HARDWARE, OR DATA, OR TO PERFORM ANY OTHER SUCH
ACTIONS.

9. Limitation of Liability.

NOTWITHSTANDING ANYTHING ELSE HEREIN, UNDER NO CIRCUMSTANCES AND UNDER NO
LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE,
STRICT LIABILITY, OR OTHERWISE, SHALL BLUESTSOFT OR ITS LICENSORS BE LIABLE
TO YOU OR ANY OTHER PERSON (I) FOR ANY PUNITIVE, INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE,
ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, OR DAMAGES RESULTING
FROM YOUR USE OF THE SOFTWARE OR THE SERVICES PROVIDED BY BLUESTSOFT, OR
(II) FOR ANY MATTER BEYOND BLUESTSOFT OR ITS LICENSOR’S REASONABLE CONTROL.
BLUESTSOFT’S AND ITS LICENSOR’S MAXIMUM LIABILITY FOR DAMAGES OF ANY KIND
WHATSOEVER ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO THE PURCHASE
PRICE PAID BY YOU FOR THE SOFTWARE, EXCEPT WHERE NOT PERMITTED BY APPLICABLE
LAW, IN WHICH CASE BLUESTSOFT’S LIABILITY SHALL BE LIMITED TO THE MINIMUM
AMOUNT PERMITTED BY SUCH APPLICABLE LAW. THE FOREGOING LIMITATIONS SHALL
APPLY EVEN IF BLUESTSOFT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH
DAMAGES.

10. Export.

You agree to comply with all laws, rules, and regulations applicable to the
export of the Software or the Documentation. Specifically, you shall not
export, re-export, or transship the Software or the Documentation, or the
direct product thereof, in violation of any United States or other laws and
regulations which may from time to time be applicable. 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,
Iran, Iraq, Libya, Serbia, Montenegro, North Korea, 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 Order. By 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.

11. High Risk Activities.

The Software is not fault-tolerant and is not designed, manufactured, or
intended for use or resale as online equipment control equipment in
hazardous environments requiring fail-safe performance, such as in the
operation of nuclear facilities, aircraft navigation or communication
systems, air traffic control, direct life support machines, or weapons
systems, in which the failure of the Software could lead directly to death,
personal injury, or severe physical or environmental damage. BLUESTSOFT,
and each of its distributors, licensors, representative, or dealers,
specifically disclaim any express or implied warranty of fitness for any
high risk uses listed above.

12. Indemnity.

You agree that BLUESTSOFT shall have no liability whatsoever for any use You
make of the Software. You shall indemnify and hold harmless BLUESTSOFT from
any third party claims, damages, liabilities, costs and fees (including
reasonable attorney fees) arising from Your use of the Software as well as
from Your failure to comply with any term of this Agreement.

13. Volume License Installation Process and Support Terms.

This Section only applies to You if You are purchasing a Volume License.

a. Irrespective of the number of seats You have purchased, You should
receive at least one object code copy of the Software in a box per site (a
“Boxed Copy”), a “multiple user installation license key” in order to
install the Software on the number of computers for which You have purchased
seats, and a printed guide to installing the Software on multiple computers.

b. Support in connection with Your purchase of a Volume License shall
be provided in accordance with BLUESTSOFT’s then-standard support terms and
conditions for volume license purchasers effective in the territory in which
You use the Software.

c. If you receive any separate volume license agreements from
BLUESTSOFT, any additional terms in such agreements will apply to You and
any terms of this Agreement that conflict with such separate agreements
shall not apply to You.

14. Government Restricted Rights.

If You are an agency, department, or other entity of the United States
Government ("Government"), the use, duplication, reproduction, release,
modification, disclosure or transfer of the Software, or any related
documentation of any kind, including technical data or related manuals, is
restricted in accordance with Federal Acquisition Regulation 12.212 for
civilian agencies and Defense Federal Acquisition Regulation Supplement
227.7202 for military agencies. This Software is commercial computer
software and the related documentation is commercial computer software
documentation. The use of the Software and related documentation is further
restricted in accordance with the terms of this Agreement, or any
modification hereto. BluestSoft, Inc. is located at 2102 Business Center
Dr., Suite 130 Irvine, California 92612.

15. General.

This Agreement and the terms of any Volume License Agreement provided to You
(if any) represent the complete agreement concerning this license between
the parties and supersedes all prior agreements and representations between
them. This Agreement may be amended only by a writing executed by both
parties. If any provision of this Agreement is held to be illegal or
unenforceable, that provision shall be limited or eliminated to the minimum
extent necessary to make it legal and enforceable and this Agreement shall
otherwise remain in full force and effect and enforceable. The failure of
BLUESTSOFT to act with respect to a breach of this Agreement by You or
others does not constitute a waiver and shall not limit BLUESTSOFT’s rights
with respect to such breach or any subsequent breaches. This Agreement is
personal to You and may not be assigned or transferred for any reason
whatsoever without BLUESTSOFT’s prior written consent and any action or
conduct in violation of the foregoing shall be void and without effect.
BLUESTSOFT expressly reserves the right to assign this Agreement and to
delegate any of its obligations hereunder. This Agreement shall be governed
by and construed under California law (without regard to its conflicts of
laws provisions) as such law applies to agreements between California
residents entered into and to be performed within California. The sole and
exclusive jurisdiction and venue for actions arising under this Agreement
shall be the State and Federal courts in Orange County, California; You
hereby agree to service of process in accordance with the rules of such
courts. The party prevailing in any dispute under this Agreement shall be
entitled to its costs and legal fees.

Each party recognizes and agrees that the warranty disclaimers and liability
and remedy limitations in this Agreement are material bargained for bases of
this Agreement and that they have been taken into account and reflected in
determining the consideration to be given by each party under this Agreement
and in the decision by each party to enter into this Agreement.

16. ADVICE OF COUNSEL.

YOU ACKNOWLEDGE, CONFIRM, AND AGREE THAT YOU HAVE READ AND UNDERSTOOD THE
MEANING AND EFFECT OF EACH AND EVERY PROVISION OF THIS AGREEMENT, AND ANY
THIRD PARTY SOFTWARE LICENSE AGREEMENT, IF ANY, WAS AFFORDED THE OPPORTUNITY
TO CONSULT IN ITS NATIVE LANGUAGE WITH AN ADVISOR OF YOUR OWN CHOOSING, AND
WERE AFFORDED THE OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL OF YOUR OWN
CHOOSING PRIOR TO THE ACCEPTANCE HEREOF.

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