EULA - End User License Agreement

Blancco – XXXX (“Product”). The Product shall also refer to any updates thereto supplied by Blancco from time to time.

PLEASE NOTE THAT YOUR USE OF THE PRODUCT WILL RESULT IN THE ERASURE OF ALL DATA AND FILES IN YOUR HARD DRIVE AND THAT YOU SHALL HAVE SOLE AND EXCLUSIVE RESPONSIBILITY FOR BACKING-UP YOUR DATA AND COMPUTER SYSTEMS.

Blancco Oy Ltd ("Blancco") and its licensors retain all right, title and interest including intellectual property rights in and to the Product and related documentation. Use of the Product and related documentation is governed by these Terms and Conditions and applicable copyright laws. The Product is licensed, not sold.

By using the Product you acknowledge your acceptance of the terms and conditions set out herein. Blancco may, from time to time, make changes to these Terms and Conditions and shall request your acceptance to those changes similarly as your acceptance was requested in respect of these Terms and Conditions. If you do not accept these Terms and Conditions, or any changes therein, you have no right to use the Product or continue to use the Product.

Blancco hereby grants to you a non-exclusive, non-transferable, limited license to install and use a copy of the Product in accordance with the license rights specified in respective ordering documentation, for the use of your internal operations and not for any other purpose. Unless otherwise agreed, you may install and use the Product on one computer or network server only, in which case the use of Product may be shared by multiple computers provided that one authorized copy of the Product has been licensed from Blancco for each computer using the Product.

The license to the Product is limited to the legal entity which acquired the license, and, unless otherwise agreed, the license does not cover the use by any affiliated company of the licensee. You may not sell, rent, license, sub-license, lend or otherwise transfer the Product to any other person or entity without a written consent by Blancco. A change of control or a sale of substantially all the assets shall be deemed as a transfer of the Product. The transfer restrictions specified herein shall also apply in case of bankruptcy. Unless otherwise provided by mandatory law, you may not modify, translate, reverse engineer, decompile or disassemble the Product. You may make additional copy of the Product solely for backup purposes.

Blancco warrants for a period of ninety (90) days from the date of delivery that each unmodified copy of Product will perform in all material respects in accordance with the accompanied documentation. Any updates provided by Blancco shall be covered by this limited warranty for the remainder of the warranty period or for thirty (30) days from the date of delivery, whichever is longer. For any breach of the warranty, your exclusive remedy, and Blancco’s entire liability, shall be the correction of the Product errors that cause breach of the warranty. THE WARRANTY ABOVE IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

The Product may contain freely available and distributable and/or open source software and other copyrighted material by third parties (“Third Party Software”). The Third Party Software shall be governed by their respective license terms and conditions instead of the above license terms otherwise applicable to the Product. THIRD PARTY SOFTWARE IS PROVIDED WITHOUT ANY WARRANTY WHATSOEVER UNLESS OTHERWISE SPECIFIED IN THE RESPECTIVE THIRD PARTY SOFTWARE LICENSE TERMS AND CONDITIONS. BLANCCO EXPRESSLY DISCLAIMS ANY WARRANTY OR LIABILITY IN RESPECT OF THE PPODUCT WHICH ARE CAUSED BY OR RELATE TO THIRD PARTY SOFTWARE.

You agree that Blancco may audit your use of the Product for compliance with these Terms and Conditions at any time, upon reasonable notice. In the event that such audit reveals any use of the Product by you other than in full compliance with these Terms and Conditions, you shall reimburse Blancco for all reasonable expenses related to such audit in addition to any other liabilities you may incur as a result of such non-compliance. The audit rights specified herein shall also extend to your affiliates, if applicable.

Blancco warrants that any part of the Product except Third Party Software shall not, when used by you in accordance with these Terms and Conditions, infringe any intellectual property rights of a third party in the country of delivery. Blancco will defend or settle any claim made against you by a third party alleging that Product, except Third Party Software, infringes a right of a third party, and will pay the costs and damages finally awarded against you by a competent court or in an out-of-court settlement; provided that (i) you will notify Blancco within thirty (30) days upon receipt of any third party claim and that (ii) Blancco will be granted the exclusive right to arrange any defense or settlement.

IN NO EVENT SHALL BLANCCO OR ITS AUTHORIZED DISTRIBUTORS HAVE ANY LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, REVENUE OR DATA, BUSINESS INTERRUPTION, LOSS RESULTING FROM SUBSTITUTE PURCHASE OF GOODS, OR OTHER SIMILAR LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT, EVEN IF BLANCCO OR ITS AUTHORIZED DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BLANCCO AND ITS AUTHORIZED DISTRIBUTORS (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLICENCE), PRODUCT LIABILITY OR OTHER THEORY) ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT EXCEED THAT PART OF THE LICENSE FEES PAID BY YOU WHICH MAY BE ALLOCATED TO THAT PART OF THE PRODUCT WHICH GAVE CAUSE TO THE CLAIM.

Without prejudice to any other rights Blancco may have, Blancco may terminate these Terms and Conditions if you fail to comply with the provisions set out herein, in which case the license granted hereunder shall terminate with immediate effect and you shall destroy all copies of the Product.

These Terms and Conditions specify the entire agreement between you and Blancco relating to the subject matter hereof and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Product or any other subject matter covered herein.

“Blancco” is a registered trademark of Blancco Oy Ltd. Other Blancco related logos, product names, and service names are also trademarks of Blancco Oy Ltd. Other product and brand names are the exclusive property of their respective owners.

Certain copyright notices relating to Third Party Software are set out in Blancco’s licensing web site from time to time.

Some of the above software is licensed under the GNU GPL and/or LGPL license terms. Download links to the source code as well as to other freely distributable Third Party Software may be found at http://www.blancco.com/downloads/source/.

For further licensing issues, please contact us by e-mail at general@blancco.com.

The Product and documentation are copyright © 2011 Blancco Oy Ltd. All rights reserved.