END-USER LICENSE AGREEMENT FOR NTI SOFTWARE

Copyright

The NTI DriveBackup! software and the contents of this associated User Manual are the property of NewTech Infosystems, Inc. (NTI) and are protected by copyright. Any reproduction either in whole or in part is strictly prohibited. For additional copies of the software or this documentation, please contact NTI. Software as well as many other types of works are protected by international copyright laws. Unauthorized copying of those works in any manner may violate the rights of the owner of the copyright in those works and may expose you to civil and criminal penalties.

Trademarks

NTI DriveBackup! is a trademark of NewTech Infosystems, Inc. (NTI). NTI CD-Maker 2000, NTI CD-Maker Pro, NTI CD-Copy, FileCD and Backup NOW! are trademarks of NewTech Infosystems, Inc. (NTI). Windows is a trademark of Microsoft Corporation. All product names or trademarks are property of their respective owners. License Use of this Software constitutes your acceptance of these terms and conditions and your agreement to abide by them. You, the original purchaser are granted a non-transferable, non-exclusive personal license to use the software. You may neither transfer the software or otherwise make it available to anyone else, nor may you copy, modify, disassemble, decompile, reverse engineering, revise or enhance the software, electronically transfer, or lease the Software or this manual. You may terminate this agreement at any time by destroying the Software. This agreement will also terminate if you fail to comply with the terms and conditions of this agreement. You agree upon such termination to destroy the Software.

Limited Warranty

NewTech Infosystems warrants for a period of (30) thirty days from the date of delivery that, under normal use and without unauthorized modification, the program performs in substantial compliance with the User Manual and those set forth in NewTech Infosystems, authorized advertising material; that, under normal use, the magnetic media upon which the software is distributed is substantially free from significant defects in materials and workmanship. Warranty claims must be made in writing during the Warranty Period and within seven (7) days of the observation of the defect, accompanied by evidence satisfactory to NewTech Infosystems. If NewTech Infosystems is unable to correct it within 90 days of the date you report the defect, you may return the Software and accompanying materials to NewTech Infosystems distributor from which they were purchased (if not purchased directly from NewTech Infosystems) and shall be shipped by the returning party with freight paid.

EXCEPT AS STATED ABOVE, THERE IS NO OTHER WARRANTY, EXPRESSED OR IMPLIED, REGARDING THE PRODUCT INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limit of NewTech Infosystems' Liability

NewTech Infosystems' entire liability for damages to you or any other party for any cause whatsoever, whether in contract or in tort, including negligence, shall not exceed the price you paid for the unit of the software that caused the damages or that are the subject matter of, or are directly related to the cause of action. In no event will NewTech Infosystems be liable for any damages caused by your failure to perform your obligations, or for any loss of data, profits, savings, or any other consequential and incidental damages, even if NewTech Infosystems has been advised of the possibility of damages, or for any claims by you based on any third-party claim.