Data Drive Thru®, Inc. End User License Agreement
Version 3, August 2008
The Tornado™ - iTornado™ - For Dummies™
Copyright © 2007 Data Drive Thru, Inc.

Allowable Use (Single-User License): The term "Software" shall refer to all computer files associated media, printed materials, and "online" or electronic documentation included in this product package. The end user agrees to use the Software from this package solely for the end user's own use or business.

Ownership Rights and User Obligations: The contents of this Software package are the valuable property of Data Drive Thru®, Inc. and its suppliers. Data Drive Thru, Inc. and its suppliers always retain ownership and title of this Software, including the documentation, any media supplied with the Software package, and all subsequent copies of the Software in any form. The end user does not own the Software or copies of the Software and software documentation supplied in conjunction with this Software package. If copies of this software, or software derived from this software, are copied onto multiple media (different sized disks, different formats on same type media, CD-ROM disks, or optical disks) or otherwise equivalent Software in multiple data files, the licensing agreement also pertains to those copies. The end user may not resell, distribute, lease, loan, reassign, or rent the remaining media disks or data files. The end user also agrees not to modify, reverse-engineer, adapt, translate, decompile, decrypt or encrypt, disassemble, or create derivative works based on the Software, other than that necessary for correct installation and operation. Trademarks shall be treated and used according to accepted trademark practice.

Assignment Rights: Assignment of rights under this Agreement to a third party is not permitted. The end user will agree that the Software will not be illegally used or transferred in any manner which may be against the provisions of the United States Export Administration Act.

Licensing Term: The license to use this Software is in effect until terminated by Data Drive Thru®, Inc. Data Drive Thru, Inc. has the right to terminate the end user's license Agreement for failure of the end user to comply with any of the licensing terms. Upon termination of the license Agreement, the end user will destroy the entire Software package, including supplied disk media, data files, and documentation, and all copies of them, and cease use of any trademarks or registered trademarks.

Limited Warranty: Software corruption resulting from transmittal problems through the Internet is not covered by Data Drive Thru®, Inc. because it is the responsibility of the Internet Service Provider and/or the end user. DATA DRIVE THRU, INC. DOES NOT MAKE ANY WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE PERFORMANCE OR RESULTS OBTAINABLE FROM USING THIS SOFTWARE PACKAGE OR FROM THE INFORMATION OBTAINED FROM ANY COMPONENT OF THE PACKAGE, OR REGARDING FITNESS FOR A PARTICULAR APPLICATION OR PURPOSE. DATA DRIVE THRU, INC. MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AS TO INFRINGEMENT OF ANY THIRD PARTY RIGHTS. THE ABOVE LIMITATIONS MAY NOT APPLY IN SOME STATES, PROVINCES, OR COUNTRIES. THIS WARRANTY GIVES THE END USER SPECIFIC LEGAL RIGHTS WHICH MAY VARY FROM STATE TO STATE, PROVINCE TO PROVINCE, OR COUNTRY TO COUNTRY. IN NO EVENT WILL DATA DRIVE THRU, INC. BE LIABLE TO THE END USER FOR ANY DAMAGES AS A RESULT OF USING THIS SOFTWARE PACKAGE OR THE INFORMATION FROM ITS CONTENTS, SUCH DAMAGES INCLUDING BUT NOT LIMITED TO: LOST PROFITS OR SAVINGS, AND OTHER CONSEQUENTIAL OR INCONSEQUENTIAL DAMAGES. There is no support for this product other than what can be found on the Data Drive Thru, Inc. Web site.

Indemnification: END USER AGREES TO DEFEND, INDEMNIFY, AND HOLD DATA DRIVE THRU®, INC. HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DEMANDS, SUITS, JUDGEMENTS, DAMAGES, FINES, PENALTIES, AND ANY ASSOCIATED COST AND EXPENSES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES AND ATTORNEY’S FEES WHICH MAY BE ASSERTED AGAINST OR INCURRED BY DATA DRIVE THRU, INC. AS A RESULT OF END USER’S USE, STORAGE, HANDLING, DISPOSAL, OR OTHER ACTIVITY RELATING TO THE TORNADO FILE TRANFER TOOL AND THE TORNADO FILE TRANFER SOFTWARE.

End User Acknowledgement: END USER ACKNOWLEDGES READING THIS AGREEMENT AND UNDERSTANDING ITS CONTENT, AND THAT IT IS THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN THE END USER AND DATA DRIVE THRU®, INC., AND THAT IT SUPERCEDES ANY PRIOR ORAL OR WRITTEN AGREEMENTS MADE BETWEEN THE END USER AND DATA DRIVE THRU, INC.

Government End Users: Use, duplication, and disclosure is subject to restrictions set forth in the applicable ADP Schedule contract for acquisition under the terms of a GSA contract, or DFARS 252.227-7013 (c)(1)(ii) and 48 CFR 52.227-19 (c)(1) and (2), as applicable, along with restrictions set fourth in this Agreement for acquisition under the terms of a Civilian agency contract.

Warning: All licensing terms and descriptions provided on this page are subject to change without notice. It is advisable that a license purchaser obtain a copy of this page at the time of purchase, printed using a browser, the copy showing the Web site address, date, and time.?

Data Drive Thru®, Inc. can be contacted via e-mail at sales@datadrivethru.com or via mail at 100 Crescent Court, Suite 700, Dallas, Texas 75201.

END OF TERMS AND CONDITIONS