        VEMBUBDR RECOVERY CD CREATION SOFTWARE END USER LICENSE AGREEMENT

This is a legal agreement between you and Vembu Technologies Private Limited, a company incorporated in India and having it's registered office at Office A, II floor, New No. 209, Old No. 13A, Velachery Main Road, Velachery, Chennai - 600042, India and its subsidiaries ("Vembu"). Vembu is the owner of accompanying VembuBDR Recovery CD Creation Software and this Agreement lays down the terms and conditions upon which Vembu offers to license the VembuBDR Recovery CD Creation Software together with accompanying items including but not limited to, the executable programs, the derivatives of the software including the derived VembuBDR Recovery CD, drivers, libraries and data files associated with such programs and all related documentation (collectively hereafter mentioned as "the VembuBDR Recovery CD Creation Software"). 

1.Scope of Agreement 
The VembuBDR Recovery CD Creation Software consists of software that can be executed to create a VembuBDR Recovery Image file that can then be copied into a CD to create a VembuBDR Recovery CD. The derived VembuBDR Recovery CD can be then used in the same or other machines for recovery purposes. This Agreement applies to the installation and / or use of the VembuBDR Recovery CD Creation Software on the particular computer / device to which the software has been downloaded and on the computer / device it is being planned to execute it. This Agreement also applies to the installation and / or use of the VembuBDR Recovery CD created through this application on the computers / devices the VembuBDR Recovery CD is used for data recovery purposes.   

2.Grant of License 
If you are installing and / or using the VembuBDR Recovery CD Creation Software, subject to the terms and conditions of this Agreement, the Licensor grants to you a non-exclusive, non-transferable and limited right to use the VembuBDR Recovery CD Creation Software in binary object code form, for trial, evaluation of the performance of the Software and recovery of data in production environments. There is no license required for the use of the VembuBDR Recovery CD Creation Software.  

3.Restrictions on Use
You shall not or permit any other to transmit all or any portion of the VembuBDR Recovery CD Creation Software through any network or communication line. 
The rights under this Agreement are personal to you and the functionality of the VembuBDR Recovery CD Creation Software may be used only by your employees, agents or others specifically authorized by you to back-up your data and you may not license or transfer in any manner whatsoever any of your rights under this Agreement or allow any third party's data to be used along with the VembuBDR Recovery CD Creation Software. 
You may not modify any portion of the VembuBDR Recovery CD Creation Software or merge or integrate any portion of the VembuBDR Recovery CD Creation Software into/with any other program. 
You may not translate, decompile, disassemble or reverse engineer the VembuBDR Recovery CD Creation Software or do anything to obtain underlying information that is not visible to the user in connection with normal use of the VembuBDR Recovery CD Creation Software. You may not display the VembuBDR Recovery CD Creation Softwares object code, if any, on any computer screen or make any hardcopy memory dump of the VembuBDR Recovery CD Creation Software's object code.
You may not remove, alter or conceal any copyright or other intellectual property notices from any copy of the VembuBDR Recovery CD Creation Software or any of written materials, if any, accompanying it.

4.Ownership of the VembuBDR Recovery CD Creation Software
The VembuBDR Recovery CD Creation Software is not sold to you. You are merely granted the right to use the Software in accordance with the terms of this Agreement. Vembu reserves all rights (including all title and intellectual property rights) not specifically granted to you by this Agreement. 

5.Warranty & Disclaimer
VEMBU WARRANTS THAT IT HOLDS ALL RIGHT, TITLE AND INTEREST IN AND TO THE VEMBUBDR RECOVERY CD CREATION SOFTWARE OR THAT IT IS OTHERWISE ENTITLED TO PROVIDE THE VEMBUBDR RECOVERY CD CREATION SOFTWARE TO YOU ON THE TERMS CONTAINED HEREIN.
VEMBU WARRANTS THAT THE VEMBUBDR RECOVERY CD CREATION SOFTWARE, WHEN IT IS DELIVERED TO YOU, IS FREE OF VIRUSES, TROJAN HORSES, WORMS, AND OTHER SIMILAR DESTRUCTIVE OR DISABLING CODE. 
THE ABOVE IS A LIMITED WARRANTY AND IS THE ONLY WARRANTY MADE BY VEMBU. THE VEMBUBDR RECOVERY CD CREATION SOFTWARE IS PROVIDED ON AN "AS IS" BASIS AND YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. 
VEMBU EXPRESSLY DISCLAIMS AND YOU HEREBY EXPRESSLY WAIVE ALL OTHER CONDITIONS, WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; THAT THE VEMBUBDR RECOVERY CD CREATION SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE VEMBUBDR RECOVERY CD CREATION SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS IN THE VEMBUBDR RECOVERY CD CREATION SOFTWARE, IF ANY, WILL BE CORRECTED. 
VEMBU'S ABOVE LIMITED WARRANTY IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF VEMBU FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, USE OR PERFORMANCE OF THE VEMBUBDR RECOVERY CD CREATION SOFTWARE. THE VEMBUBDR RECOVERY CD CREATION SOFTWARES FAILURE TO PERFORM IN ACCORDANCE WITH THE SPECIFICATIONS SHALL NOT BE CONSIDERED A FAILURE OF THE ESSENTIAL PURPOSE OF THE WARRANTIES CONTAINED HEREIN. 

6.Limitation of Liability
NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL VEMBU BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR SAVINGS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION OR DATA) WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE ARISING OUT OF YOUR USE OR INABILITY TO USE THE VEMBUBDR RECOVERY CD CREATION SOFTWARE OR THE BREACH OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT, VEMBU'S AGGREGATE LIABILITY OR DAMAGES TO YOU OR TO ANY OTHER PERSON SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO USE THE VEMBUBDR RECOVERY CD CREATION SOFTWARE REGARDLESS OF THE FORM OF THE CLAIMS. 

7.Indemnity
If you use or distribute the VembuBDR Recovery CD Creation Software in violation of this Agreement, you hereby agree to indemnify, hold harmless and defend Vembu from and against any and all claims or lawsuits, including attorney's fees and costs that arise, result from or are connected with the said use or distribution of the VembuBDR Recovery CD Creation Software in violation of this Agreement. 

8.Right to Collect Information
The VembuBDR Recovery CD Creation Software contains programs that collect data about your use of the Software. You agree that Vembu may collect such data about your use of the VembuBDR Recovery CD Creation Software and that the data collected through such programs may be used by Vembu to monitor your compliance with the terms of this Agreement, to provide you with support services and/or to improve the VembuBDR Recovery CD Creation Software.. You agree that you will not prevent or in any manner restrict the right of Vembu to collect such data about your use of the VembuBDR Recovery CD Creation Software. 

9.Support Services
Notwithstanding anything contained anywhere in this Agreement, Vembu shall not be responsible to you for the maintenance or for the provision of support services for the VembuBDR Recovery CD Creation Software under this Agreement. 

10.Third Party Software
Portions of the VembuBDR Recovery CD Creation Software include software with open source licenses from third parties that govern the use of those portions. Nothing contained herein limits the rights and obligations you may have under such open source licenses. However, the disclaimer of warranty and limitation of liability provisions in this Agreement will apply to the VembuBDR Recovery CD Creation Software as a whole. For details of the open source software included in the Software and the terms of the license for the same, please refer http://storegrid.vembu.com/online-backup/open-source-license-agreement.php

11.Governing Law & Jurisdiction
This Agreement is governed by the laws of the Republic of India. You agree that any dispute between the parties arising out of or in connection with this Agreement (including any question regarding its existence, validity or termination) shall be submitted exclusively to the competent courts located at Chennai, India to the exclusion of any other court that may have jurisdiction in the matter.

12.General
This Agreement is binding on you as well as your employees, contractors, agents and any person who uses the computer / device on which the VembuBDR Recovery CD Creation Software is installed. This Agreement is also binding on your successors and assignees. This Agreement is the entire agreement between us and supersedes all previous agreements, arrangements, understandings or representations (including advertisement) relating to the subject matter hereof. If any provision of this Agreement is deemed invalid or unenforceable that particular provision will be deemed modified to the extent necessary to make the provision valid and enforceable and the remaining provisions will remain in full force and effect. Any failure or delay by a party to exercise any right or remedy under this Agreement shall not operate as a waiver of that right or remedy.

