COMPUTER ASSOCIATES INTERNATIONAL, INC. ("CA") ARCSERVEIT (TM) STORAGE SUITE END USER LIMITED LICENSE AGREEMENT CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS REGARDING YOUR USE OF THE ARCSERVEIT STORAGE SUITE, INCLUDING ITS CODE AND DOCUMENTATION (THE "PROGRAM") BEFORE USING THE PROGRAM. BY CLICKING THE "I AGREE" BUTTON BELOW, YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DECIDE NOT TO INSTALL THIS PROGRAM AND YOU RETURN THE PROGRAM TO THE CA AUTHORIZED RESELLER FROM WHICH YOU LICENSED THE PROGRAM WITHIN A THIRTY (30) DAY TIME PERIOD, YOU SHALL RECEIVE A FULL REFUND. BY CLICKING THE "CANCEL" BUTTON BELOW, THE INSTALLATION PROCESS WILL END. 1. CA PROVIDES YOU WITH ONE COPY OF THE PROGRAM AND LICENSES THE PROGRAM TO YOU PURSUANT TO THE TERMS OF THIS AGREEMENT. (a) The Program is provided solely for your nonexclusive, internal, limited use on a single computer you have identified or will identify by registering the product using CA's RegisterIT product registration tool. Additionally, the Program or certain modules may be installed and executed on other computers, subject to the following usage limitations: For ARCserveIT Workgroup Edition for 250 Users: Licensed for up to 250 Clients. If you fail to complete the registration process, the Program and all modules wherever installed will cease to function 30 days after installation. If you exceed the usage limitations, the Program and all modules wherever installed will cease to function after 30 days of the excessive usage. For all products, you may receive support only if you pay CA's applicable support fee and execute the appropriate CA documentation. (b) If the Program is a beta program and not generally available to date, CA does not guarantee that the generally available release will be identical to the beta program or that the generally available release will not require reinstallation. You agree that if you register for support or if otherwise required by CA, you shall provide CA with specific information concerning your experiences with the operation of the Program. (c) If the Program is an evaluation version, you agree to use the Program solely for evaluation purposes, in accordance with the usage restrictions set for in Section 1(a), for the thirty-day evaluation period. At the end of the evaluation period, you agree to return to CA all copies or partial copies of the Program or certify to CA that all copies or partial copies of the Program have been destroyed from your computer libraries and/or storage devices. You agree and acknowledge that the evaluation version of the Program will not operate after the expiration of the evaluation period. (d) You may copy the Program solely for backup or archival purposes. The Program is a trade secret of CA and confidential information of CA and its licensors. You agree to keep the Program strictly confidential and not to disclose the Program nor allow anyone to have access to the Program other than your authorized employees. Title to the Program and all changes, modifications and derivative works thereto shall remain with CA and its licensors. The Program is protected by copyright, patent, trademark and other laws and international treaties. 2. Without the prior written consent of CA, you may not: (a) transfer, assign, use, copy, distribute or modify the program, in whole or in part, except as expressly permitted in this agreement; (b) decompile, reverse assemble or otherwise reverse engineer the program, except as expressly permitted under applicable law; or (c) remove or alter any of the copyright notices or other proprietary markings on any copies of the program. 3. CA may immediately terminate this agreement in the event of any failure to comply with any of the above terms. Such termination shall be in addition to and not in lieu of any criminal, civil or other remedies available to CA. 4. CA DOES NOT WARRANT THAT THE PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED, ERROR FREE OR WILL APPEAR AS DESCRIBED IN THE DOCUMENTATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) THE PROGRAM IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND; (B) CA AND ITS LICENSORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; AND (C) IN NO EVENT WILL CA OR ITS LICENSORS BE LIABLE FOR ANY LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING TIME, MONEY, GOODWILL AND ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM EVEN IF CA HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. 5. You acknowledge that the Program is provided with "Restricted Rights" as set forth in 48 C.F.R. Sec. 12.212, 48 C.F.R. Sec. 52.227-19(c)(1) and (2) or DFARS Sec. 252.227.7013(c)(1)(ii) or such applicable successor provisions. CA is the manufacturer of the Program. This Agreement shall be construed according to and governed by the laws of the State of New York. You are required to observe the relevant US Export Administration Regulations and other applicable regulations. Outside the United States, no product support services, if available, will be offered by CA without a proof of purchase or license from an authorized source. Any questions concerning this license should be referred to Computer Associates International, Inc. One Computer Associates Plaza, Islandia, NY 11788-7000. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT AND BY CLICKING THE "I AGREE" BUTTON, YOU ACCEPT ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT CONSTITUTES THE COMPLETE AGREEMENT BETWEEN US REGARDING THIS SUBJECT MATTER AND THAT IT SUPERSEDES ANY INFORMATION YOU HAVE RECEIVED RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT, EXCEPT IF THIS AGREEMENT IS SUPERSEDED IN ITS ENTIRETY BY ANOTHER WRITTEN AGREEMENT, EXECUTED BY BOTH YOU AND CA, GRANTING YOU A LICENSE TO USE THE PROGRAM. THIS AGREEMENT MAY ONLY BE AMENDED BY A WRITTEN AGREEMENT SIGNED BY AUTHORIZED REPRESENTATIVES OF BOTH PARTIES. PRESS THE ["I Agree"] BUTTON TO ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT AS SET FORTH ABOVE. PRESS THE ["Cancel"] BUTTON TO HALT THE INSTALLATION PROCESS.