Developer’s Backup Free Edition License

By Magee Data Management, Inc.

This license applies to Developer’s Backup Free Edition

Your Agreement to this License

By using, copying, transmitting, distributing or installing Developer’s Backup Free Edition ("Developer’s Backup"), you agree to all of the terms of this agreement (“License”). Please read the license terms below.If you do not agree to all of the terms of this License, then do not use, copy, transmit, distribute, or install Developer’s Backup Free Edition. Unless you have a different license agreement signed by Magee Data Management, Inc. ("MDM") your use, distribution, or installation of this copy of Developer’s Backup Free Edition indicates your acceptance of this License.

Scope of License

Developer’s Backup Free Edition is free software.

Subject to the terms below, you are hereby licensed by Magee Data Management, Inc., (“MDM”) to use one copy of Developer’s Backup Free Edition, on one computer or workstation, for evaluation purposes without charge for a period of 90 days. If you use this software after the 90-day evaluation period a license renewal process is required. Renewal of license for Developer’s Backup Free Edition is free of charge. Renewal must occur through the www.DevelopersBackup.Com web site.See the Developer’s Backup web site at http://www.DevelopersBackup.Com for information about online license renewal.

You may, without making any payment to MDM: a) Give exact copies of this free edition of Developer’s Backup Free Edition personally to anyone; b) Distribute exact copies of this evaluation version of Developer’s Backup Free Edition, if done exclusively through electronic channels; and c) Make as many exact copies of this evaluation version of Developer’s Backup Free Edition as you wish, for purposes of distribution as described in (a) and (b) above.

You are specifically prohibited from charging, or requesting donations, for any copies, however made, and from distributing such copies with other products of any kind, commercial or otherwise, without prior written permission from MDM. MDM reserves the right to revoke the above distribution rights at any time, for any or no reason.

You may not alter or modify any part or portion of the Developer’s Backup software, nor give anyone permission to do so. All rights of any kind in Developer’s Backup which are not expressly granted in this License are entirely and exclusively reserved to and by MDM. You may not rent, lease, modify, translate, reverse engineer, de-compile, disassemble, or create derivative works based on, Developer’s Backup. You may not make access to Developer’s Backup available to others in connection with a service bureau, application service provider, or similar business.

Warranty Disclaimers and Liability Limitations

This software, and all accompanying files, data and materials, are distributed "AS IS" and with no warranties of any kind, whether express or implied. You acknowledge that good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. Developer’s Backup is not disaster recovery software and in no way shall be construed as such. The user must assume the entire risk of using the program. This disclaimer of warranty constitutes an essential part of the agreement.

Any liability of MDM will be limited exclusively to refund of purchase price, if any. In addition, in no event shall MDM, or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, be liable for any indirect, incidental, consequential, or punitive damages whatsoever relating to the use of Developer’s Backup, or to your relationship with MDM.

In addition, in no event does MDM authorize you to use Developer’s Backup in applications or systems where Developer’s Backup's failure to perform can reasonably be expected to result in a significant physical injury, or in loss of life.Any such use by you is entirely at your own risk, and you agree to hold MDM harmless from any and all claims or losses relating to such unauthorized use.

General

This Agreement is the complete statement of the Agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. The laws of the State of New Jersey shall govern this Agreement. Exclusive jurisdiction and venue for all matters relating to this Agreement shall be in courts and venue located in the State of New Jersey, and you consent to such jurisdiction and venue.

All rights of any kind in Developer’s Backup Free Edition which are not expressly granted in this License are entirely and exclusively reserved to and by MDM. You may not rent, lease, modify, translate, reverse engineer, de-compile, disassemble or create derivative works based on Developer's Backup. You may not make access to Developer’s Backup Professional Edition available to others in connection with a service bureau, application service provider, or similar business, or use Developer’s Backup Professional Edition in a business to provide file compression, decompression, or conversion services to others. There are no third party beneficiaries of any promises, obligations or representations made by MDM herein.