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License Terms and Conditions

Software License Agreement – License Terms & Conditions

TRANSEND grants to the user a nonexclusive license to use Transend MigrationConsole (“Software”) solely for Licensee’s business purposes. Licensee may notreproduce the software or make any modification or derivation thereof, eitheralone or in conjunction with any other product or program without Transend’swritten consent.

Unless specifically modified by a separate document, this license grantsLicensee the right to migrate up to the number of electronic user mailboxes forwhich licenses were purchased. The software may not be used by, or on behalf of,more than that number of user mailboxes.

TRANSEND SOFTWARE IS PROVIDED TO LICENSEE “AS IS.” TRANSEND MAKES NO WARRANTIES,EITHER EXPRESS OR IMPLIED, WITH RESPECT TO TRANSEND SOFTWARE AND/OR ASSOCIATEDMATERIALS PROVIDED TO LICENSEE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT.TRANSEND DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEETYOUR SPECIFIC REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BEUNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.FURTHERMORE, TRANSEND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THEUSE OR THE RESULTS OF THE USE OF THE SOFTWARE OR ANY DOCUMENTATION PROVIDEDTHEREWITH IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NOORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TRANSEND OR A TRANSEND AUTHORIZEDREPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THISWARRANTY.

GOOD DATA PROCESSING PROCEDURE DICTATES THAT ANY PROGRAM BE THOROUGHLY TESTEDWITH NON-CRITICAL DATA BEFORE RELYING ON IT. ALL TRANSEND PRODUCTS ARE AVAILABLEFOR DOWNLOAD ON A TRY-BEFORE-YOU-BUY BASIS. TRANSEND PROVIDES A FREE TRIAL OFTHE SOFTWARE TO LET YOU FULLY EVALUATE OUR PRODUCTS BEFORE MAKING A PURCHASEDECISION. THE USER MUST ASSUME THE ENTIRE RISK OF USING THE SOFTWARE.

TRANSEND WILL WORK AS FAST AS POSSIBLE TO FIX ANY PRODUCT DEFECTS, INCLUDING,BUT NOT LIMITED TO, DATA INTEGRITY ISSUES, CHARACTER SET ISSUES, AND ANY OTHERBUGS DISCOVERED BY THE LICENSEE. TRANSEND WILL ACT IN GOOD FAITH AND WORK WITHLICENSEE TO ADDRESS ANY PRODUCT USAGE ISSUES.

LIMITATION OF LIABILITY — TRANSEND AND ITS LICENSORS ARE NOT LIABLE FOR ANYCLAIMS OR DAMAGES WHATSOEVER, INCLUDING PROPERTY DAMAGE, PERSONAL INJURY,INTELLECTUAL PROPERTY INFRINGEMENT, LOSS OF PROFITS, OR INTERRUPTION OFBUSINESS, OR FOR ANY SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, HOWEVERCAUSED, WHETHER ARISING OUT OF BREACH OF WARRANTY, CONTRACT, TORT (INCLUDINGNEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

For license verification purposes, Transend uses a call home approach over theinternet to validate proper license usage. This process entails connecting tothe Transend License Server (over the internet) to ensure the license key isbeing used within compliance guidelines. The only data that is collected andstored on the Transend Licensing Server is: (1) source email address beingmigrated, (2) machine name (Host) and IP address of the migration workstationand (3) date of the migration.

Transend does not share, sell or make available to any third parties any of theinformation that is stored on the Transend License Server. To preventunauthorized access, and to maintain data security, Transend has put in placeappropriate physical, electronic, technological and legal procedures tosafeguard and secure the collected information.

Copyright © 2020 by TRANSEND Corporation. All rights reserved. 225 Emerson St.,Palo Alto, CA 94301.