LICENSE AGREEMENT

YOUR USE OF THS SOFTWARE IS GOVERNED BY THE FOLLOWING TERMS AND CONDITIONS

ACCEPTANCE OF LICENSE AGREEMENT

You should carefully read the following terms and conditions before using SQL Backup Master (the 'Software'). Unless you have a different license agreement signed by Key Metric Software, your use of this software indicates your agreement to these terms and conditions. If you do not accept all of these terms and conditions, you must cease using the Software immediately.

COPYRIGHT

Customer acknowledges that the Software and accompanying user documentation ('Documentation') are copyrighted works owned by Key Metric Software and that Customer has no rights in the foregoing except as expressly granted herein.

DISCLAIMER OF WARRANTY

The Software is distributed on an 'as is' basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose or otherwise. Neither the author nor anyone else involved in creating, producing, or delivering the software shall be liable for any direct, indirect, incidental, special or consequential damages arising out of use of the service or inability to use the service or out of any breach of any warranty or any damages whatsoever resulting from loss of use, data or profits, whether in an action based upon contract, negligence or other tortious conduct, arising out of or in connection with the use or performance of the software.

LIMITATION OF LIABILITY

You assume the entire risk as to the quality and performance of the Software. Key Metric Software assumes no liability for the cost of any service or repair if the Software is defective.

Under no circumstances and under no legal theory, tort, contract, strict liability, or otherwise, shall key metric software or its licensors, suppliers or resellers be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. This limitation of liability shall not apply to liability for death or personal injury to the extent applicable law prohibits such limitation. Furthermore, some states do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.

TERM AND TERMINATION

You may continue to use the Software for as long as you comply with the terms and conditions of this License Agreement. Key Metric Software may terminate this License Agreement immediately upon notice to you in the event that Key Metric Software has reason to believe you have breached this License Agreement. Upon termination, you shall immediately cease all use of the Software and Documentation and shall not be entitled to a refund of any fees paid.

DISTRIBUTION

The evaluation version of this software product can be redistributed freely as long as all of its components (e.g. executables, documentation, etc.) remain unmodified. You are free to redistribute the evaluation version of this software via physical media or electronically. There is no fee associated with the redistribution of the evaluation version of this software.

You may not charge or request donations for evaluation copies of this software without prior written permission from Key Metric Software.