END USER LICENSE AGREEMENT FOR INTRADYN SOFTWARE

IMPORTANT-READ CAREFULLY: Be sure to carefully read and understand all of the rights and restrictions described in this Intradyn End-User License Agreement (“EULA”). You will be asked to review and either accept or decline the terms of the EULA. This software will not run Intradyn Solution unless or until you accept the terms of this EULA.

Your click of the “accept” button is a symbol of your signature that you accept the terms of the EULA.

For your reference, you may print the text of the EULA from this page now, or refer to the copy of this EULA that can be found in the Help file of this SOFTWARE. You may also receive a copy of this EULA by contacting the Intradyn subsidiary serving your country, or write:

AUAES INC / Intradyn Inc.
1355 Mendota Heights Road. Suite 300
Mendota Heights, MN 55120

This EULA is a legal agreement between you (either an individual or a single entity) and Intradyn Inc. for the Intradyn software accompanying this EULA, which includes the accompanying computer software, and may include associated media, printed materials and any “online” or electronic documentation (“SOFTWARE”). By launching or using SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not launch or use the SOFTWARE.

SOFTWARE PRODUCT LICENSE

The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.

1. GRANT OF LICENSE.

This EULA grants you the following rights: Software. You may use one copy of the SOFTWARE on a single Intradyn Solution for use of an Intradyn Solution Storage/Network Use. You must acquire and dedicate a license for each separate Intradyn Solution on which the SOFTWARE is installed, and only an Intradyn Solution may store the SOFTWARE. A license for the SOFTWARE may not be shared or used concurrently on different computers.

2. RESTRICTIONS.

You must maintain all copyright notices on all copies of the SOFTWARE.

IMPORTANT: The Intradyn Solution is a subscription service that requires the continued purchase of Intradyn annual updates in order for the Intradyn Solution to continue archiving and indexing new emails and other document types. The appliance will stop archiving new incoming email and other document in the event the annual updates are not purchased.

Limitations of Reverse Engineering, Decompilation and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

Rental. You may not rent or lease or lend the SOFTWARE.

Software Transfer. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the SOFTWARE (including all component parts, the media and printed materials, any upgrades, this EULA and, if applicable, the Certificate of Authenticity) along with the applicable Intradyn Solution, and the recipient agrees to the terms of this EULA. If the SOFTWARE portion is an upgrade, any transfer must include all prior versions of the SOFTWARE.

Support Services. Intradyn may provide you with support services related to the SOFTWARE (“Support Services”) Use of Support Services is governed by the Intradyn policies and programs described in the user manual, in “online” documentation, and/or other Intradyn-provided materials. Any supplemental software code provided to you as a part of Support Services shall be considered part of the SOFWARE and subject to the terms of this EULA. With respect to technical information you provide to Intradyn as part of the Support Services, Intradyn may use such information for its business purposes, including for product support and development. Intradyn will not utilize such technical information in a form that personally identifies you.

3. TERMINATION.

Without prejudice to any other rights, Intradyn may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE and all of its component parts.

4. COPYRIGHT.

All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text and “applets,” incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by Intradyn or its suppliers.

5. U.S. GOVERNMENT RESTRICTED RIGHTS.

The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is

AUAES INC / Intradyn Inc
1355 Mendota Heights Road, Suite 300
Mendota Heights, MN 55120

6. DISCLAIMER OF WARRANTIES.

INTRADYN AND ITS SUPPLIERS PROVIDE THE SOFTWARE “AS IS” AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT, OR OF NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE IS WITH YOU.

7. EXCLUSION OF ALL DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INTRADYN OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, FOR LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF INTRADYN OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES SHALL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

8. LIMITATION AND RELEASE OF LIABILITY.

The SOFTWARE was provided to you at no charge and Intradyn has included in this EULA terms that disclaim all warranties and liability for the SOFTWARE. To the full extent allowed by law, YOU HEREBY RELEASE INTRADYN AND ITS SUPPLIERS FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO ALL CLAIMS CONCERNING THE SOFTWARE OR ITS USE. If you do not wish to accept the SOFTWARE under the terms of this EULA, do not launch or use the SOFTWARE. No refund will be made because the SOFTWARE was provided to you at no charge.

End User may not use the Software or the Services to collect, archive, store or transmit any information or other content that (i) is defamatory, libelous, obscene or pornographic, (ii) infringes upon the patents, copyrights, trademarks, trade secrets or other intellectual property rights of others, (iii) constitutes or encourages conduct that might give rise to civil liability, or (iv) constitutes or encourages conduct that is a criminal offense, gives rise to civil liability, or otherwise violates any local, state, national or international law, including without limitation the U.S. export control laws and regulations. End User will indemnify, defend and hold harmless Partner and Partner’s suppliers, contractors and service providers from all loss, cost, liability and expense (including reasonable attorney fees) arising out of or relating to breach of the foregoing restrictions.

9. GOVERNING LAW.

If you acquired the SOFTWARE in the United States of America, the laws of the State of Minnesota, U.S.A will apply to this contract. If you acquired this SOFTWARE outside of the United States of America, then local law may apply.

10. QUESTIONS.

Should you have any questions, or if you desire to contact Intradyn for any reason, please contact the Intradyn subsidiary serving your country, or write:

AUAES INC / Intradyn Inc
1355 Mendota Heights Road, Suite 300
Mendota Heights, MN 55120

The Intradyn Software and Intradyn documentation are Copyright © 2002-2016 Intradyn Inc. All Rights Reserved. You may not print, copy, reproduce, modify, distribute or display this work in hard copy, electronic, or any other form, in whole or in part, by any electronic, mechanical, or other means, without the prior consent of Intradyn Inc., except that you are permitted to make one copy for archival purposes only in connection with the lawful use and operation of this software. Intradyn, Orca Email Archiver, Archiving Operating System (AOS), ComplianceVault eSeries, ComplianceVault xSeries, RocketVault, BackAgain and Intradyn Email Archiving Solution are trademarks of AUAES Inc dba Intradyn Inc. and/or its subsidiaries.
Intradyn integrates third party software program within the Intradyn Software, which are subject to their own license terms. If the user does not agree to abide by the applicable license terms for the integrated third party software programs as defined by the Intradyn End User License Agreement, then you may not install or operate the Intradyn Software. These software license agreements can be viewed at https://www.intradyn.com/end-user-license-agreement/

Portions of this product are Copyright © 1982, 1986, 1989, 1991, 1993 the Regents of the University of California. All Rights Reserverd.
Portions of this product are Copyright © 1992-2016 FreeBSD Inc. All Rights Reserved.
Portions of this product are Copyright © 1996-2016 Carnegie Mellon University. All Rights Reserved.
Portions of this product are Copyright © 1992-2016 Apache Group. All Rights Reserved.
Portions of this product are Copyright © 2016 Dell. Used with permission. All Rights Reserved.
This software is derived in part from the SSLava™ Toolkit, which is Copyright © 1996-1998 by Phaos Technology Corporation. All Rights Reserved.
Portions of this product are Copyright © 1998, 1999, 2000 Bruce Verderaime. All Right Reserved.
Portions of this product are Copyright © 1999-2016 The OpenLDAP Foundation. Redwood City, California, USA. All Rights Reserved. Permission to copy and distribute verbatim copies of this document is granted.
OpenLDAP is a registered trademark of the OpenLDAP Foundation. Macintosh is a trademark of Apple Computer, Inc. Windows, Outlook, Exchange, O365 and Active Directory are trademarks of Microsoft Corporation. Java and Solaris are trademarks of Oracle Corporation. Linux is a registered trademark of Linus Torvalds. All other trademarks are the property of their respective owners. Google and GoogleVault is a trademark of Google Corporation.

OTHER THAN ANY EXPRESS LIMITED WARRANTIES THAT INTRADYN PROVIDES TO YOU IN WRITING, INTRADYN AND INTRADYN LICENSORS PROVIDE THE SOFTWARE TO YOU “AS IS” AND EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL INTRADYN LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE OR OTHER TORT), ARISING IN ANY WAY OUT OF YOUR USE OF THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES. INTRADYN’S LIABILITY SHALL BE LIMITED IN THE LICENSE AGREEMENT.