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Copyright © Acronis, Inc., 2000-2007 5
insolvency, or equivalent proceedings. Upon termination for any reason, LICENSEE shall immediately return
Software and all copies to LICENSOR and delete all Software and all copies from the Hardware.
Law
. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, exclusive of its
conflicts of laws provisions and without regard to the United Nations Convention on Contracts for the
International Sale of Goods, and any suit under this Agreement shall exclusively be brought in a federal or state
court in Massachusetts. Any action against LICENSOR under this Agreement must be commenced within one
year after such cause of action accrues.
Government End Users
. This provision applies to all Software acquired directly or indirectly by or on behalf of
the United States Government. The Software is a commercial product, licensed on the open market at market
prices, and was developed entirely at private expense and without the use of any U.S. Government funds. If the
Software is supplied to the Department of Defense, the U.S. Government acquires only the license rights
customarily provided to the public and specified in this Agreement. If the Software is supplied to any unit or
agency of the U.S. Government other than the Department of Defense, the license to the U.S. Government is
granted only with restricted rights. Use, duplication, or disclosure by the U.S. Government is subject to the
restrictions set forth in subparagraph (c) of the Commercial Computer Software Restricted Rights clause of FAR
52.227-19.
Export Restriction
. LICENSEE will not remove or export from the United States or the country originally
shipped to by LICENSOR (or re-export from anywhere) any part of the Software or any direct product thereof
except in compliance with applicable export laws and regulations, including without limitation, those of the U.S.
Department of Commerce.
Miscellaneous
. This Agreement contains the entire understanding of the parties and supersedes all other
agreements, oral or written, including purchase orders submitted by LICENSEE, with respect to the subject matter
covered in this Agreement The delay or failure of either party to exercise any right provided in the Agreement
shall not be deemed a waiver. All notices must be in writing and shall be delivered by hand (effective when
received) or mailed by registered or certified mail (effective on the third day following the date of mailing). The
notices addressed to LICENSOR shall be sent to its address set out above. If any provision is held invalid, all
others shall remain in force. LICENSEE may not assign, pledge, or otherwise transfer this agreement, nor any
rights or obligations hereunder in whole or in part to any entity. Paragraph headings are for convenience and
shall have no effect on interpretation. In the event that it is necessary to undertake legal action to collect any
amounts payable or to protect or to defend against the unauthorized use, disclosure, distribution, of the Software
hereunder and/or other violation of this Agreement, LICENSOR shall be entitled to recover its costs and expenses
including, without limitation, reasonable attorneys' fees.
A part of the Software is licensed under the terms of GNU General Public License, version 2. The text of the
license is available at
http://www.acronis.com/support/licensing/gpl/
More information about the part of the Software licensed under the terms of GNU General Public License is
available at
http://www.acronis.com/enterprise/support/licensing/
5


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