IMPORTANT: THIS SOFTWARE PRODUCT AND ACCOMPANYING DOCUMENTATION IS SUBJECT TO THE FOLLOWING LICENSE AGREEMENT. CAREFULLY READ THE TERMS AND CONDITIONS SET FORTH BELOW BEFORE INSTALLATION. LICENSE AGREEMENT This is a legal agreement between you ( "Licensee") and Imation. By installing the software contained in this software package, you agree to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, promptly return the software and accompanying documentation to the place from which you obtained them for a full refund. Intellectual Property Rights. The software contained in this software package ("Software") and accompanying user documentation("Documentation") constitute intellectual property of Imation and/or its licensor(s). The Software and Documentation are protected by intellectual property laws including U.S. copyright laws and international copyright treaties. Licensee will preserve any intellectual property notices provided in the Software and Documentation. The Software and Documentation are licensed, not sold. License Grant. Imation grants to Licensee and Licensee accepts a limited, nonexclusive license to use the Software (in machine-executable object code form only) and Documentation in conjunction with a single computer. Imation and/or its licensor(s) retain all right, title, and interest in the Software and Documentation. Restrictions. Licensee will not make or have made, or permit to be made, any copies of the Software or Documentation, except for those copies of the Software made by a single computer system for execution of the Software, and except for a single copy of the Software made for back-up purposes. Neither concurrent use of the Software by multiple users nor use of the Software via network access is permitted. Licensee will not sublicense, rent, lease, lend, assign, share, transfer, or otherwise dispose of the Software or Documentation, except that Licensee may transfer the Software and Documentation permanently, provided the recipient agrees to the terms of this agreement. Licensee may not reverse engineer, decompile, disassemble, decrypt, alter, or otherwise translate the Software. Export Compliance. Licensee will adhere to the U.S. Export Administration Laws and Regulations and will not export or re-export the Software, Documentation, or any direct product thereof to any proscribed country listed in the U.S. Export Administration Regulations unless properly authorized by the U.S. Government. U.S. Government Restricted Rights. The Software and Documentation include commercial computer software and commercial computer software documentation developed exclusively at private expense by Imation Enterprise Corp., 1 Imation Place, Oakdale, Minnesota 55128 and Imation's Licensor, PGSoft, Inc., 510 Lighthouse Avenue, Suite 1, Pacific Grove, CA 93950. U.S. Government rights to use, modify, reproduce, release, perform, display, or disclose such computer software and computer software documentation are subject to the limited rights restrictions of DFARS 252.227-7015(b)(2) (June 1995) and/or subject to the restrictions of DFARS 227.7202-1(a) (June 1995)and DFARS 227.7202-3(a) (June 1995), as applicable for U.S. Department of Defense procurements and the limited rights restrictions of FAR 52.227-14 (June 1987) and/or subject to the restricted rights provisions of FAR 52.227-14 (June 1987) and FAR 52.227-19 (June 1987), as applicable, and any applicable agency FAR Supplements, for non-Department of Defense Federal procurements. Term. This agreement is effective until terminated. Licensee can terminate this agreement at any time by discontinuing all use of the Software and Documentation. Imation can terminate this agreement, in addition to exercising any other right or remedy available to Imation at law or in equity, immediately in the event that Licensee fails to adhere to the terms of this agreement. Upon termination, Licensee will promptly destroy or return to Imation the Software and Documentation and all copies or portions thereof. No Warranty. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER IMATION NOR ITS LICENSOR(S) WARRANTS OR MAKES ANY REPRESENTATION THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHER, NEITHER IMATION NOR ITS LICENSOR(S) WARRANTS OR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR THE DOCUMENTATION IN TERMS OF THEIR COMPLETENESS, ACCURACY, RELIABILITY OR OTHERWISE. LICENSEE ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. IF THE SOFTWARE PROVES DEFECTIVE, LICENSEE -- AND NOT IMATION, ITS LICENSOR(S), OR ITS AGENTS -- ASSUME THE ENTIRE RISK AND COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. Limitation of Liability. THE CUMULATIVE LIABILITY OF IMATION AND ITS LICENSOR(S), DISTRIBUTORS, DEALERS, EMPLOYEES, OR AGENTS FOR ANY LOSS OR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR LICENSEE'S USE OF THE SOFTWARE AND DOCUMENTATION WILL IN NO EVENT EXCEED THE LICENSE FEE PAID TO IMATION FOR USE OF THE SOFTWARE AND DOCUMENTATION. IMATION, ITS LICENSOR(S), DISTRIBUTORS, DEALERS, EMPLOYEES, OR AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, SAVINGS OR DATA) ARISING FROM LICENSEE'S USE OR INABILITY TO USE THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Tape-It is a trademark of PGSoft, Inc. No right, license, or interest in or to such trademark is granted to Licensee under this agreement.