TransVault End User License Agreement (EULA) YOUR USE OF THIS SOFTWARE, INSTALLATION OF THIS SOFTWARE OR CONTINUING PAST THIS NOTICE CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. YOU SHOULD READ THIS AGREEMENT IN FULL BEFORE CONTINUING. TransVault Software, a division of SevernSoft Ltd, is a company registered in England and Wales, with company number 01870663 ("TransVault Software"). This license agreement ("Agreement") is a legal agreement between the end user ("You") and TransVault Software. By installing, copying or otherwise using TransVault Software products, associated documentation or any updates or patches provided from time to time ("Software"), you acknowledge that you have read and understood this license agreement in whole, and are bound by its terms and conditions. If you cannot comply or do not agree with this agreement, please terminate the installation, remove the software from your equipment, and destroy any remaining copies of the software. If you cannot or do not agree to be bound by this Agreement, you agree not to use the Software in any form. Scope of License Subject to the Terms and Conditions herein, TransVault Software, grants you a limited, non-exclusive, nontransferable, non sub-licensable right to use the Software. This software is licensed, not sold. No title to or ownership of the Software is transferred to you. TransVault software and/or its licensors own and retain all title and ownership of all intellectual property rights in the software. You acquire only a license to use the software for a specific period or for a specific number of migrated messages, mailboxes or an amount of migrated data. TransVault Software makes no warranties that the Software will meet your requirements, or is fit to use in your environment. You should ensure that you have suitable backups of all systems prior to using TransVault. Activation of Software By installing this Software and submitting a license request, you acknowledge that machine identification data may be collected from your environment specifically for the purposes of providing you with an Electronic Software License to use the Software. You agree to TransVault Software collecting and storing this data for licensing purposes. TransVault Software reserves the right to revoke or modify the electronic software license to you, and to use mechanisms to prevent tampering. TransVault Software may modify the electronic software licensing mechanism at any time, and without notice. Copying The Licensee may make only so many copies of the Licensed Programs and Program Documentation as are reasonably necessary for operational security and use. Such copies and the media on which they are stored shall be the property of the Licensor and the Licensee shall ensure that all such copies bear the Licensor's proprietary notice. The License shall apply to all such copies as it applies to the Licensed Programs. Restrictions This Software license Agreement permits you, as an end user, to use the software only on your own internal systems. You may not resell the Software or associated licenses, sell services based upon the Software, distribute or publish this software or any materials associated with it without a prior written agreement with TransVault Software. You may not resell software or software license without a separate agreement directly with TransVault Software, a division of SevernSoft Ltd. The Software contains and/or embodies copyright material, trade secrets and/or other proprietary material and intellectual property of TransVault Software and/or its licensors. In addition to those prohibitions contained elsewhere in this License Agreement, you agree you will not: (i) rent, lease, loan, sell, copy, or distribute the Software in whole or in part; (ii) use the Software or any portion of it to create any tool or software product that can be used to create software applications of any nature whatsoever; (iii) remove, alter, cover, obfuscate, and/or otherwise deface any trademarks or notices on the Software; and/or (iv) modify, alter, decompile, disassemble, reverse engineer or emulate the functionality of, reverse compile or otherwise reduce to human readable form, or create derivative works of the Software without the prior written consent of TransVault Software or its licensors, as applicable; You further agree that you shall not tamper with the Software or undertake any activity intended to bypass, modify, defeat or otherwise circumvent (or having the effect of facilitating, modifying, or assisting the bypassing, defeating or circumventing of) proper and/or secure operation of the Software and/or any mechanisms operatively linked to the Software; Except as expressly provided by this License Agreement, no other licenses or rights (including rights to maintenance or updates) are granted either expressly or by implication. This Agreement, the Software, and TransVault Software convey or imply no rights to use or connect to any other software product or application using this Software. You must ensure you are appropriately licensed to use any other relevant software. Limitation of Liabilities In addition to the other provisions hereof, YOU ACKNOWLEDGE TO AND FOR THE BENEFIT OF TRANSVAULT SOFTWARE AND ITS LICENSORS AND PARTNERS THAT THE SOFTWARE, AS WITH MOST SOFTWARE, MAY CONTAIN BUGS AND IS NOT DESIGNED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY OR PHYSICAL OR ENVIRONMENTAL DAMAGE. TRANSVAULT SOFTWARE AND ITS LICENSORS AND PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY LOSS SUFFERED AS A RESULT OF SUCH A FAILURE OF THE SOFTWARE OR A BREACH OF SECURITY INVOLVING THE SOFTWARE, WHETHER OR NOT SUCH LOSS OR BREACH RESULTS FROM THE DELIBERATE, RECKLESS, OR NEGLIGENT ACTS OF ANY PERSON. IN NO EVENT WILL TRANSVAULT SOFTWARE OR ITS LICENSORS OR PARTNERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF TRANSVAULT SOFTWARE AND/OR ITS LICENSORS AND PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Term and Survival This Agreement shall survive your discontinued use of the Software and revocation or termination of the License provided to you, including but not limited to, Benchmarking, Intellectual Property, Scope, Limitation of Liabilities, and Jurisdiction. Benchmark Testing You may not, without the prior written consent of TransVault Software, prepare, publish or transfer benchmark statistics, information or data based on this Software. You may not assist or enable others to undertake such analysis. You may undertake limited benchmarking to enable you to plan the migration of data from one system to another, subject to the RESTRICTIONS laid out herein. For the avoidance of doubt, benchmarking is defined as any activity associated with the measurement of data throughput, computation, algorithms or other entity associated with the software. Warranty This software has a warranty for a 90 day period following the Delivery Date: the Licensed Programs will provide the facilities and functions set out in the documentation when properly used on the Equipment; that documentation will provide adequate instructions to enable you to make proper use of such facilities and functions; if you notify us in writing after the Delivery Date of any breach of the said warranties then we shall at our own expense and within four weeks after receiving such notice remedy the defect or error in question. When notifying a defect or error you shall (so far as it is able) provide us with a documented example of such defect or error. The said warranties above shall be subject to you complying with your obligations under the terms of this Agreement. In particular, the said warranties shall not apply to the extent that any defect in the Licensed Programs arose or was exacerbated as a result of: incorrect use, operation or corruption of the Licensed Programs; any unauthorised modification or alteration of the Licensed Programs; use of the Licensed Programs with other software or on equipment with which it is incompatible. To the extent permitted by applicable law, we: - disclaim all other warranties with respect to the Licensed Programs, either express or implied, including but not limited to any implied warranties relating to quality, fitness for any particular purpose or ability to achieve a particular result; - make no warranty that the Licensed Programs are error free or that its use will be uninterrupted and you acknowledge and agree that the existence of such errors shall not constitute a breach of this Agreement. Support Services Your reseller may provide support services for this software. The End User understands that TransVault software does not provide a direct support service, direct maintenance, or make available the Software, patches or upgrades directly to the Customer. Intellectual Property Notices This Software is copyright (C) 2005-2016 TransVault Software. All rights reserved. TransVault is a trademark of TransVault Software registered in the UK and other countries. Jurisdiction This License Agreement shall be governed by and construed in accordance with the laws of England and Wales and the High Court of England shall have jurisdiction over any dispute arising hereunder. If for any reason a court of competent jurisdiction finds any provision or portion of this License Agreement to be illegal, invalid, unenforceable, or against public policy, such provision or portion shall be severed from this Agreement and the remainder of this Agreement shall continue in full force and effect; and Except as expressly set forth herein, this Agreement may not be amended, modified, or supplemented by the parties in any manner, except by a written instrument signed by an authorised director of TransVault Software. No provision hereof shall be deemed waived (by any act or omission) unless such waiver is in writing signed by a director of TransVault Software.