ACTIVEIMAGE PROTECTOR END-USER LICENSE AGREEMENT

IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: NETJAPAN's End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and NETJAPAN for ActiveImage Protector identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the SOFTWARE PRODUCT between you and NETJAPAN, and supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT. No change, amendment and / or modification of any provision of this EULA or no new license agreement shall be valid unless it is agreed upon by NETJAPAN with its prior written consent.

1. GRANT OF LICENSE: By loading the SOFTWARE PRODUCT to RAM or by installing the SOFTWARE PRODUCT on hardware or any other storage device, you shall be deemed to have used the SOFTWARE PRODUCT. You may use a licensed number of copies of the SOFTWARE PRODUCT on a computer(s) that is owned by you and placed under your control according to the terms of EULA. Refer to your NETJAPAN license certificate to confirm the type and the number of licenses you have purchased.

1.1. Server / Desktop Edition License: You may use one licensed copy of the SOFTWARE PRODUCT for a single physical or virtual machine specified as a backup and restore target.

1.2. Virtual Environment License: You may use one licensed copy of the SOFTWARE PRODUCT in a single virtual environment running a virtual machine. There are no restrictions on the number or the types of virtual machines running in the single validly licensed virtual environment.

1.3. Cloud Environment License: You may use one licensed copy of the SOFTWARE PRODUCT for five virtual machines running on an unspecified virtual host (regardless of whether owned by you or not) in cloud environment.

1.4. ActiveImage Protector for Hyper-V License: You may use one licensed copy of the SOFTWARE PRODUCT in a single Microsoft Hyper-V virtual environment which is specified as a backup target. NETJAPAN does not grant you the right to install the SOFTWARE PRODUCT on Hyper-V guest machines in a Hyper-V virtual environment.

1.5. Clustered Environment License: You may use one licensed copy of the SOFTWARE PRODUCT in a single clustered environment which is configured with two OSes or in a FT/HA environment.

1.6. Evaluation License: For evaluation purposes, you may install and use the SOFTWARE PRODUCT during the limited evaluation period. You may not copy, distribute or sell the SOFTWARE PRODUCT.

1.7. Not For Resale (NFR): An NFR Software License permits you to use SOFTWARE PRODUCT for promotional purposes at reduced or no cost to you. This license may not be copied, distributed, transferred, leased or resold.

1.8. Beta Testing License: Solely for testing and evaluation purposes, a beta version of the SOFTWARE PRODUCT is provided to selected users. NETJAPAN is under no obligation to provide technical support under the terms of this license, and provides no assurance that any specific errors or discrepancies in the SOFTWARE PRODUCT will be corrected.

1.9. Built-in Tools: Use of the Create Recovery Disk Wizard built into the SOFTWARE PRODUCT for the purpose of creating recovery disks is not limited to systems in which ActiveImage Protector is installed:
1.9.1. You may use the Physical to Virtual Utility built in the SOFTWARE PRODUCT on a temporary basis to migrate physical machines into virtual environments, provided that you have purchased a Virtual Environment License for a single virtual host running a virtual OS specified as migration destination or migration target.
1.9.2. You may use the ReZoom function on a temporary basis to restore virtual guest machines, provided that you have purchased an ActiveImage Protector for Hyper-V License for a single virtual environment running a virtual OS specified as a restoration destination or restoration target. There are no restrictions on the number or the types of virtual guest machines in virtual environment to restore by using the ReZoom function built in the SOFTWARE PRODUCT.
1.9.3. You are granted a Consolidation Services License (CSL) on up to three (3) off-site locations and solely for the purpose of consolidating / unifying, at the off-site location(s), the backup image files that have been replicated from a single source computer to which the valid ActiveImage Protector License has been assigned. This CSL does not allow for the installed version of ActiveImage Protector to be used for any additional data protection services on any of the off-site system(s) being used to consolidate the backup images.
1.9.4 Use of the ImageBoot utility is not limited to systems in which ActiveImage Protector is installed

1.10. Transfer of License: You may transfer a licensed copy of the SOFTWARE PRODUCT from a former virtual environment to a replacement virtual environment, provided that you completely terminate the use of the SOFTWARE PRODUCT in the former virtual environment.

1.11. General License Restrictions: You agree, that unless you have obtained prior written consent, you will not direct or through any parent company, subsidiary, affiliate, agent, or third party do any of the following with respect to the software and documentation. You may not lease, license, sublicense, modify, translate, disassemble, decompile, reverse engineer, or create derivative works from the SOFTWARE PRODUCT. If you fail to comply with the terms and conditions of this EULA or when your rights to use the SOFTWARE PRODUCT is invalidated and you must destroy or return the SOFTWARE PRODUCT and all archived copies of the SOFTWARE PRODUCT in your possession to NETJAPAN.

2. COPYRIGHT: All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by NETJAPAN and protected by Japanese and international copyright laws. You may not copy or disclose any part of the SOFTWARE PRODUCT unless otherwise expressly set forth in this EULA. You agree to supervise the authorized users operation or use of the SOFTWARE PRODUCT pursuant to all the terms and conditions of this EULA.

3. LIMITATION OF LIABILITY and NO WARRANTIES: NETJAPAN expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided 'As Is' without any express or implied warranty of any kind, regardless of laws and regulations, including but not limited to any warranties of rights, fitness of a particular purpose, non-infringement. Any information contained in advertising media or packaging of the SOFTWARE PRODUCT is provided for descriptive purpose only and NETJAPAN makes no warranties, representations or agreements based on the information therein. Your legal rights are stipulated in this EULA and LIMITATION OF LIABILITY only. In no event does NETJAPAN warrant or make any representation that the SOFTWARE PRODUCT will meet your requirements and the operation of the SOFTWARE PRODUCT will be safely uninterrupted or error-free. In consideration of the fact that the system environment where the SOFTWARE PRODUCT is used (including without limitation hard disk drives, hard disk configuration on individual computers, installed software, OS on which software is installed) may change. NETJAPAN does not warrant or makes any representation regarding the results obtained from the use of the SOFTWARE PRODUCT, accuracy or reliability of any information obtained from the SOFTWARE PRODUCT, or the possibility of correction of defects of the SOFTWARE PRODUCT. In order to ensure that you properly perform data processing and backup procedures, you must conduct exhaustive tests on the SOFTWARE PRODUCT by using non-critical data. The entire risk is assumed by you in the event of installing and running software on individual devices or in the judgment of individual objectives for running the SOFTWARE PRODUCT on individual devices. Under no circumstances including negligence, shall NETJAPAN be liable to you under this EULA for any special, incidental, consequential, indirect damages (including data loss, business interruption, damages for loss of business profit, asset loss, and the like), arising out of installation or the use of the SOFTWARE PRODUCT even if NETJAPAN has been advised of the possibility of such damages. In no event shall NETJAPAN accept claims for such damages from other individual persons or group. This LIMITATION OF LIABILITY shall be applied regardless whether the basic objectives of the limited remedy is achieved or not. In no event shall NETJAPAN's total liability to you based on this EULA exceed the amount paid by you for license fee / the SOFTWARE PRODUCT for one year until said liability has accrued.

4. GOVERNING LAW: This EULA and any action, dispute, controversy, or claim that may be instituted based on this EULA, or arising out of or related to this EULA will be governed by the laws of Japan.

5. EXPORT RESTRICTIONS: You agree that the SOFTWARE PRODUCT is subject to the software export regulations of United States and Japan. You agree that it is your responsibility to comply with any international laws and regulations (including the Export Administration Regulations of the United States and restrictions for end users, for the use of the SOFTWARE PRODUCT by end users, for importing countries, imposed by the United States, Japan and other governmental organizations).

6. CONTACT INFORMATION: Should you have any questions concerning this Agreement, please feel free to contact us at:
Web site: www.netjapan.com
Office Address: NetJapan, Inc.
Asendo Kanda-Kon'yacho Building
8 Kanda-Kon'yacho, Chiyoda-ku
Tokyo 101-0035


Copyright 2015 NetJapan, Inc. All rights reserved.
The software and the related documentation are proprietary products of NetJapan, Inc., and are copyrighted by NetJapan Inc.
ActiveImage Protector, ActiveImage Protector Server, ActiveImage Protector Desktop, ActiveImage Protector IT Pro, ActiveImage Protector for Hyper-V with SHR, ActiveImage Protector for Hyper-V Enterprise, ReZoom, ActiveImage Protector Linux, ActiveImage Protector Virtual, ActiveImage Protector Cluster, ActiveImage Protector Cloud, ActiveImage Protector Basic and ImageBoot are trademarks of NetJapan Inc.
Microsoft and Windows are registered trademarks of Microsoft Corporation.

AIPENEULA20150312


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