SOFTWARE LICENSE AGREEMENT

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING CARBON COPY CLONER.  BY USING CARBON COPY CLONER, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE CARBON COPY CLONER. IF CARBON COPY CLONER WAS ACCESSED ELECTRONICALLY AND YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, CLICK "DISAGREE/DECLINE".

IMPORTANT NOTE: This software may be used to reproduce and distribute materials.  It is licensed to you only for reproduction and distribution of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce or distribute. If you are uncertain about your right to copy or distribute any material, you should contact your legal counsel.

1. General
The software and documentation, whether on disk, in read only memory, on any other media or in any other form (collectively "Carbon Copy Cloner") are licensed, not sold, to you by Bombich Software, LLC ("Bombich Software") for use only under the terms of this License, and Bombich Software reserves all rights not expressly granted to you. The rights granted herein are limited to Bombich Software's intellectual property rights in Carbon Copy Cloner as licensed hereunder and do not include any other patents or intellectual property rights. You own the media on which Carbon Copy Cloner is recorded but Bombich Software retains ownership of Carbon Copy Cloner itself. The terms of this License will govern any software upgrades provided by Bombich Software that replace and/or supplement the original Carbon Copy Cloner product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

2. Permitted License Uses and Restrictions.
2.1 Price.  Carbon Copy Cloner is distributed as "donationware" – the end user is not obligated to pay for a license to use Carbon Copy Cloner.  Rather, you are encouraged to provide "donations" to Bombich Software's Tip Jar (http://www.bombich.com/software/tipjar.html) after you have evaluated Carbon Copy Cloner and deemed it a trustworthy product.

2.2 Single Use License. This License allows you to install, use and run one (1) copy of Carbon Copy Cloner on a single computer at a time. This License does not allow Carbon Copy Cloner to exist on more than one computer at a time, and you may not make Carbon Copy Cloner available over a network where it could be used by multiple computers at the same time.

2.3 Site-wide License.  If you have purchased a site license for Carbon Copy Cloner, this license permits use of Carbon Copy Cloner on any machines within an organization, institution, campus or household.

2.4 Restrictions.  Except as and only to the extent permitted by applicable licensing terms governing use of the Open-Sourced Components, or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of Carbon Copy Cloner or any part thereof. CARBON COPY CLONER IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF CARBON COPY CLONER COULD LEAD TO DEATH, PERSONAL INJURY, OR PHYSICAL OR ENVIRONMENTAL DAMAGE. 

3. Transfer.
You may not rent, lease, lend, redistribute or sublicense Carbon Copy Cloner.

4. Consent to Use of Data.
You agree that Bombich Software may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of product support and other services to you (if any) related to Carbon Copy Cloner. Bombich Software may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

5. Termination.
This License is effective until terminated. Your rights under this License will terminate automatically without notice from Bombich Software if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of Carbon Copy Cloner and destroy all copies, full or partial, of Carbon Copy Cloner.

6. Disclaimer of Warranties and Limitation of Liability.
6.1 Disclaimer of Warranties.  YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF CARBON COPY CLONER IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CARBON COPY CLONER IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND BOMBICH SOFTWARE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO CARBON COPY CLONER, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. BOMBICH SOFTWARE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF CARBON COPY CLONER, THAT THE FUNCTIONS CONTAINED IN CARBON COPY CLONER WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF CARBON COPY CLONER WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN CARBON COPY CLONER WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BOMBICH SOFTWARE OR AN AUTHORIZED REPRESENTATIVE OF BOMBICH SOFTWARE SHALL CREATE A WARRANTY. SHOULD CARBON COPY CLONER PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. 

6.2 Limitation of Liability. BOMBICH SOFTWARE SHALL IN NO EVENT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SALE OR USE OF ITS PRODUCTS, WHETHER OR NOT BOMBICH SOFTWARE HAS ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. IF BOMBICH SOFTWARE BREACHES ANY PROVISION OF THIS AGREEMENT, BOMBICH SOFTWARE'S SOLE AND EXCLUSIVE MAXIMUM LIABILITY, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT IN ANY EVENT EXCEED THE CONTRACT PRICE FOR THE PARTICULAR PRODUCTS.  SPECIFICALLY, BOMBICH SOFTWARE IS NOT LIABLE FOR ANY DAMAGE TO OR LOSS OF DATA OR INFORMATION ON A COMPUTER SYSTEM THAT IS ALLEGED TO BE CAUSED BY CARBON COPY CLONER, INCLUDING THAT BOMBICH SOFTWARE IS NOT LIABILE FOR ANY ALLEGED ACTS OF NEGLIGENCE.

7. Export Requirements.
Carbon Copy Cloner and any documentation and all related technical information or materials may be subject to export controls and may be licensable under the U.S. Government export regulations. You must comply strictly with all legal requirements established under these controls and may not export, reexport, divert, transfer or disclose, directly or indirectly, Carbon Copy Cloner, its documentation and any related technical information or materials without the prior approval of the U.S. Department of Commerce.

8. Miscellaneous.
8.1 Choice of Laws. This Agreement shall be governed by, and its terms shall be construed in accordance with, the laws of the State of Missouri.

8.2 Waiver. No waiver or breach of any term or condition of this Agreement shall operate as a waiver of any other breach of such term or condition, or of any other term or condition, nor shall any failure to enforce any provisions hereunder operate as a waiver of such provision or any other provision hereunder.

8.3 Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, except in those instances where removal or elimination of such invalid, illegal, or unenforceable provision or provisions would result in a failure of consideration under this Agreement, such invalidity, illegality or unenforceability shall not effect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein.

8.4 Headings. Headings used in this Agreement are for the purpose of reference only and are not to be considered in construction or interpretation of this Agreement.

8.5 Entire Agreement; Amendment. This Agreement contains the entire Agreement between the parties relating to the subject matter hereof. All prior agreements and all prior negotiations, representations and communications relating to the same subject are superseded by this Agreement. This Agreement may not be modified other than by a written document signed by an authorized representative of each party.  Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.

9. Third Party Acknowledgements.
Carbon Copy Cloner includes third party software that is licensed under the terms of the GNU General Public License (GPL). You may obtain a complete machine-readable copy of the source code for such third party software, not Carbon Copy Cloner, under the terms of the GPL without charge except for the cost of media, shipping, and handling, upon written request to Bombich Software.  The GPL software is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  A copy of the GPL is included with Carbon Copy Cloner.

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