IOMEGA LICENSE AGREEMENT Downloading this software, indicates your agreement to be bound by the terms of this agreement. If you do not agree with them, do not install, use or copy, any or all Zip or Jaz software and please erase the downloaded files immediately. LICENSE GRANT This is a license, not a sales agreement, between you, the end user, and Iomega Corporation ("Iomega"). Iomega grants to you a non-exclusive, non-transferable (except as provided below) license to use the copy of the software enclosed in this envelope and the accompanying documentation in accord with the terms set forth in this License Agreement. The software is owned by Iomega or its licensors and protected by copyright and trademark laws. Therefore, you must treat the software like any other copyrighted material except that: You may: a. install the software on only one computer; b. make one (1) copy of the software in machine readable form solely for backup purposes, provided that you reproduce all proprietary notices on the copy; c. physically transfer the software from one computer to another provided that the software is used on only one computer at a time; and d. transfer (not rent or lease) the software on a permanent basis if the person receiving it agrees to the terms of this Agreement. You may not: a. use the software on more than one computer, workstation, or file server at a time in a network or a multi-user system; b. modify, translate, reverse engineer, decompile, disassemble, create derivative works based on, or copy (except for the backup copy) the software or the accompanying documentation; c. rent or lease any rights in the software or accompanying documentation in any form to any person without the prior written consent of Iomega which, if given, is subject to the transferee's consent to the terms and conditions of this license; or d. remove any proprietary notices, labels, or marks on the software, documentation, and containers. All rights, title, interest, and all copyrights to the software, documentation, and any copy made by you remain with Iomega. Unauthorized copying of the software or the documentation, or failure to comply with the above restrictions, will result in automatic termination of this license and will make available to Iomega other legal remedies. LIMITATION OF REMEDIES Your sole remedy under this License Agreement shall be repair or replacement as provided in the warranty. Iomega's sole and exclusive maximum liability for any claim by you or anyone claiming through or on behalf of you arising out of your order or the warranty shall not in any event exceed the actual amount paid by you to Iomega for the product. IN NO EVENT SHALL IOMEGA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, COLLATERAL, EXEMPLARY, CONSEQUENTIAL OR SPECIAL DAMAGES OR LOSSES ARISING OUT OF YOUR ORDER OR DISKS DELIVERED UNDER IT OR OUT OF THE WARRANTY, INCLUDING WITHOUT LIMITATION LOSS OF USE, PROFITS, GOODWILL OR SAVINGS, OR LOSS OF DATA, DATA FILES, OR PROGRAMS THAT MAY HAVE BEEN STORED BY THE USER. 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. LIMITED WARRANTY THE SOFTWARE AND DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE software IS WITH YOU, AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. Iomega does NOT warrant that the function contained in the software will meet your requirements or that the operation of the software will be uninterrupted or error free. However, Iomega warrants the media disk, if Iomega supplied media, on which the software is furnished to be free from defects in material and workmanship for a period of one (1) year from the date of shipment by Iomega to you. Iomega shall, at its option and cost, either repair or replace the media disk with a new or reconditioned disk provided the disk is returned by you to Iomega or to an Iomega authorized service facility, along with the dated and serialized proof of purchase, transportation and insurance prepaid, within the above warranty period, and provided the disk is found by Iomega to be defective within the terms of this warranty. Disks repaired or replaced shall be returned by Iomega to you, transportation and insurance prepaid. Returned defective disks shall become the property of Iomega. If any disk returned by you to Iomega for repair or replacement is found by Iomega, after examination and testing, not to be defective, Iomega shall so advise you and shall dispose of any such disk in accordance with your instructions and at your cost, and you shall reimburse Iomega for examination and testing expenses incurred at Iomega's then current rates. CONTINUED USE OR POSSESSION OF THE DISKS AFTER EXPIRATION OF THE ABOVE ONE (1) YEAR WARRANTY PERIOD SHALL BE CONCLUSIVE EVIDENCE THAT THE WARRANTY IS FULFILLED TO THE FULL SATISFACTION OF PURCHASER. The warranty set forth above shall not apply to any failure or deficiency which has been caused by misuse, neglect, alteration, improper installation, unauthorized repair or modification, improper testing, accident or causes external to the disk, such as, but not limited to, excessive heat or humidity, power failure, or improper installation. Iomega's warranty as set forth above shall not be enlarged, diminished or affected by, and no liability shall arise out of, Iomega's rendering of technical advice or service in connection with your order. The warranty set forth above is not assignable by you. GENERAL You may terminate this license at any time by destroying all copies of the software or by returning them to Iomega. Iomega may terminate this license if you fail to comply with the terms and conditions of this License Agreement. Upon such termination, you agree to destroy or return all your copies of the software. You agree to be responsible for the payment of any taxes resulting from this Agreement. Any unauthorized rental, lease, assignment or (except as provided above) transfer of any copy of the software shall be void. If any provisions of this Agreement are held invalid, the remainder shall continue in full force and effect. This License Agreement shall be governed by the laws of the State of Utah. This Agreement is the entire Agreement between us and supersedes any other communications, advertisements, or understandings with respect to the software and documentation. Iomega is a registered trademark of Iomega Corporation.