Online Backup Estimator 3.1

EULA - End User License Agreement

STANDARD SOFTWARE LICENSE AGREEMENT

This software license agreement is a legal agreement
between you (either an individual or an entity) and
Remote Backup Systems, Inc. (RBS). By opening the
sealed software packet(s), clicking an "ACCEPT" button
during installation or purchase, and/or using the
software you are agreeing to be bound by the terms of
this agreement.

1. GRANT OF LICENSE. This License Agreement permits
you to use one copy of the RBS Server software included
in this package (the "SOFTWARE") on a single computer,
and a number of copies of the Client software equal to
the number of Client licenses you have bought. The
SOFTWARE is in "use" on a computer when it is loaded
into temporary memory (i.e. RAM) or installed into
permanent memory (e.g. hard disk, CD-ROM, or other
storage device) of that computer.

2. COPYRIGHT. The SOFTWARE and accompanying materials
(including any images, "applets", photographs, animations,
video, audio, music and text incorporated into the
SOFTWARE and accompanying materials) is owned by
RBS and is protected by United States copyright
laws and international treaty provisions and all other
applicable national laws. Therefore, you must treat the
SOFTWARE and accompanying materials like any other
copyrighted material (e.g. a book or musical recording)
except that you may either (a) make one copy of the
SOFTWARE solely for backup or archival purposes or (b)
transfer the SOFTWARE to a single hard disk provided you
keep the original solely for backup or archival purposes.
You may not copy the user documentation accompanying the
SOFTWARE. You may not repackage the Client software for
distribution by a means other than by CD, or if you hold
a license for the Online Installer PlugIn, electronically.
You may not distribute the Client software electronically
unless you hold a license for the Online Installer PlugIn.

3. SOFTWARE MEDIA. You may receive the SOFTWARE in disk
media or on a CD-ROM or installed on the hard disk drive
or ROM of your computer, or multiple forms of media.
Regardless of the number or type(s) of media you receive
you may use only the media appropriate for your single
computer. You may not use the other media on another
computer or loan, rent, lease, or transfer them to
another user except as provided for below.

4. TRANSFER OF LICENSE. This is a non-transferable license.
You may not rent or lease or sell the SOFTWARE.
Transferring the SOFTWARE automatically terminates the
maintenance subscriptions of the original owner along with
any rights of the new owner to software updates and to the
use of any of Remote Backup Systems' trademarks and
copyrights, and the look-and-feel of RBS' graphics and web
sites. This paragraph is NOT intended to prohibit you from
distributing the Client software for use with your Remote
Backup Service. You MAY distribute the Client software only
(not the Server software).

5. RESTRICTED USES. You may not install or use this
software on computers that are connected to life-saving
or life-support medical equipment, nor on any equipment
used in the production or administering of drugs or
breathable gasses, nor on any equipment that, through
malfunction or misuse, could directly or indirectly cause
physical injury or death.

6. OTHER RESTRICTIONS. You may not reverse engineer,
decompile or disassemble the SOFTWARE. You may not
distribute the Client portion(s) of the SOFTWARE for use
with any Server other than that provided by Remote
Backup Systems, except as specifically allowed in writing
by Remote Backup Systems.

7. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE and
documentation are provided with RESTRICTED RIGHTS. Use,
duplication or disclosure by the United States Government
is subject to restrictions as set forth in subparagraph
(c)(1)(ii) of The Rights in Technical Data and computer
Software clause at DFARS 252.227-7013 or subparagraphs
(c)(1) and (2) of the Commercial Computer Software--
Restricted Rights at 48 CFR 52.227-19, as applicable.
Manufacturer is Remote Backup Systems, Incorporated / 319
Poplar View Lane West, #1 / Collierville, TN 38017 USA.

8. EXPORT CONTROLS. You may not download or otherwise
export or reexport the Software or any underlying information
or technology except in full compliance with all United
States and other applicable laws and regulations. In
particular, but without limitation, none of the Software or
underlying information or technology may be downloaded or
otherwise exported or reexported (i) into (or to a national
or resident of) Cuba, Haiti, Iraq, Libya, Yugoslavia, North
Korea, Iran, Syria or any other country to which the U.S. has
embargoed goods; or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the
U.S. Commerce Department's Table of Deny Orders. By
downloading or using the Software, you are agreeing to the
foregoing and you are representing and warranting that you
are not located in, under the control of, or a national or
resident of any such country or on any such list.

9. USE OF RBS IMAGES AND TEXT. If you have bought the
RBS Business Kit you may use any of its images and text,
unless otherwise noted in the Business Kit, in your own
advertising and promotional efforts as long as you promote
RBS Remote Backup software to the exclusion of any competing
product. If you advertise or promote a competing product
you must immediately stop using any of the graphics and
text in the Business Kit, and any rendering of images or
text which are based on those in the Business Kit or which
could reasonably be confused with those in the Business Kit,
and any verbiage which is based on that in the Business Kit
or any RBS web site, including the term, "Remote Backup."

10. INSTALLATION AND SUPPORT. You are solely responsible
for the installation and maintenance of the Software, and
for the proper installation, configuration, and operation
of all hardware, software, and services upon which the
Software relies. Remote Backup Systems, Inc. will provide
technical support for the Software through the Online Help
Desk System on our main web site at remote-backup.com
within the parameters of our current support policy. You
are solely responsible for the configuration and operation
of the Software - both Server and Clients. You are
responsible for selecting the correct settings for your
Server and Clients. The Software is delivered with certain
default settings which may not be appropriate for all
Servers or Clients.

11. SOFTWARE UPDATES. From time to time Remote Backup
Systems, Inc. releases updates for the Software, and may
notify you of their availability through one or several
methods. Because Remote Backup Systems, Inc. cannot know
conclusively if you have received a notification, you are
responsible for periodically checking with the "Updates"
link on our main web site at remote-backup.com for
the availability of updates. You agree that you will
download and apply updates to the Server software and the
Client software as updates are released, in a timely way.
Remote Backup Systems, Inc. may not support software that
is not at the current version. Remote Backup Systems, Inc.
may, at our sole discretion, make updates and other
services available only to customers who have current
Maintenance Subscriptions.

Product support for the SOFTWARE is provided by Remote
Backup Systems, Inc. For product support, please refer
to the number provided in the documentation for the SOFTWARE.
Should you have any questions concerning this Agreement or
if you desire to contact RBS for any other reason, please
refer to the address provided in the documentation.

----------------------------------------------------------

APPENDIX

WARRANTY AND SPECIAL PROVISIONS

FOR

UNITED STATES OF AMERICA AND ANY OTHER COUNTRY

LIMITED WARRANTY
LIMITED WARRANTY. Remote Backup Systems warrants that (a)
the SOFTWARE will perform substantially in accordance with
the accompanying written materials for a period of thirty
(30) days from the date of receipt, and (b) any Remote
Backup Systems hardware accompanying the SOFTWARE will be
free from defects in materials and workmanship under normal
use and service for a period of ninety (90) days from the date
of receipt. Any implied warranties on the SOFTWARE and Remote
Backup Systems hardware are limited to thirty (30) days and
ninety (90) days, respectively. This warranty is voided by
misapplication, misuse, attempted use outside the recommended
software environment and on equipment not suited to the
program. Some states/jurisdictions do not allow limitation on
durations of an implied warranty, so the above limitation may
not apply to you.

CUSTOMER REMEDIES. Remote Backup Systems', its officers' and
employees' entire liability and your exclusive remedy shall
be, at Remote Backup Systems' option, either (a) return of
the price paid, or (b) repair or replacement of the SOFTWARE
or hardware that does not meet this Limited Warranty and
which is returned to Remote Backup Systems with a copy of
your receipt and a Returned Material Authorization number
from RBS number clearly printed on the outside of the package.
This Limited Warranty is void if failure of the SOFTWARE or
hardware has resulted from accident, abuse or misapplication.
Any replacement SOFTWARE or hardware will be warranted for
the remainder of the original warranty period or thirty (30)
days, whichever is longer.

NO OTHER WARRANTIES. To the maximum extent permitted by
applicable law, Remote Backup Systems, its officers,
and employees disclaim all other warranties, either express
or implied, including but not limited to suitability for any
particular purpose, and the ability of the licensee to
operate the software or a successful business based on the
software. Remote Backup Systems' return policy is limited
to replacement of defective diskettes and materials. As with
most software companies, RBS offers no form of a "money-back
guarantee." Because software can be downloaded and used
immediately after online purchase, all sales are final and
non-refundable.

ACCEPTANCE OF THESE CONDITIONS. By clicking the "I AGREE"
button or typing "I AGREE" in the space provided, or by
downloading, installing or using the software, you accept
the terms of this license agreement. You agree that you
fully understand the capabilities of the software, that
you have tested the Evaluation Version and that it fully
meets your needs, and that you accept the software as-is.
By accepting this license, you agree that you will not
reverse any credit card charge for this purchase.

This limited warranty gives you specific legal rights. You
may have others which vary from state/jurisdiction to
state/jurisdiction.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum
extent permitted by applicable law, in no event shall
Remote Backup Systems, its officers, or employees be liable
for any damages whatsoever (including without limitation,
direct or indirect damages for personal injury, loss of
business profits, business interruptions, loss of business
information or any other pecuniary loss) arising out of
the use of or inability to operate this product,
misapplication, failure to read and understand the
operating instructions in all its forms - Help Files, Web
based, printed, and verbal, even if Remote Backup Systems
has been advised of the possibility of such damages. In
any case, Remote Backup Systems', its officers', and
employees' entire liability under any provision of this
agreement shall be limited to the amount actually paid by
you for the SOFTWARE, services, and/or Remote Backup
Systems hardware. Because some states/jurisdictions do
not allow the exclusion or limitation of liability for
consequential or incidental damages, the above limitation
may not apply to you.

IN NO EVENT SHALL RBS AND/OR ITS OFFICERS OR EMPLOYEES BE
LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE,
DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE,
DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR INFORMATION AVAILABLE FROM ANY OF RBS' WEB SITES OR
INFORMATION SERVICES.

Should it become necessary for Remote Backup Systems, Inc.
to retain counsel to enforce its rights, or defend any
action or inaction under this agreement, you agree to
pay all costs of such enforcement and/or defense,
including, but not limited to, all court costs and other
litigation expenses, together with Remote Backup
Systems, Inc.'s reasonable attorney fees. This agreement
shall be governed by the laws of the state of Tennessee
and shall inure to the benefit of Remote Backup Systems,
Inc. and any successors, administrators, heirs, and
assigns. Any action or proceeding brought by either party
against the other arising out of or related to this
agreement shall be brought only in a STATE or FEDERAL
COURT of competent jurisdiction located in Shelby County,
Tennessee. The parties hereby consent to in personam
jurisdiction of said courts.

---------------------------------------------------
Form 5.2.11