END USER LICENSE AGREEMENTNOTICE TO USER:THIS IS AN AGREEMENT GOVERNING YOUR USE OF ELCOMSOFT
SOFTWARE, FURTHER DEFINED HEREIN AS “PRODUCT,” AND THE
LICENSOR OF THE PRODUCT IS WILLING TO PROVIDE YOU WITH ACCESSTO THE PRODUCT ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF
THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. BELOW,
YOU ARE ASKED TO ACCEPT THIS AGREEMENT AND CONTINUE TO
INSTALL OR, IF YOU DO NOT WISH TO ACCEPT THIS AGREEMENT, TO
DECLINE THIS AGREEMENT, IN WHICH CASE YOU WILL NOT BE ABLE TO
INSTALL OR OPERATE THE PRODUCT. BY INSTALLING THIS PRODUCT YOU
ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
PURCHASE ORDER, SECTIONS OF THE LICENSOR’S WEBSITE AND
PRODUCT’S DOCUMENTATION THAT CONTAIN SPECIFIC PROVISIONS AND
LIMITATIONS GOVERNING USE OF CERTAIN PRODUCTS ARE
INCORPORATED IN THIS AGREEMENT BY REFERENCE AND CONSITUTEPARTS OF THIS END USER LICENSE AGREEMENT. PLEASE REFER TO SOMEIN SPECIFIC CASES.
This Electronic End User License Agreement (the “Agreement”) is a legal agreement
between you (either an individual or an entity), the licensee, and ElcomSoft Co. Ltd. andits affiliates (collectively, the “Licensor”), regarding the Licensor’s software, asapplicable pursuant to a valid license, you are about to download and/or other related
services, including without limitation a) all of the contents of the files, disk(s), CDROM(s) or other media with which this Agreement is provided and including all forms ofcode, such as source code and object code, (the “Software”), b) all successor upgrades,
modified versions, modified modules, revisions, patches, enhancements, fixes,
modifications, copies, additions or maintenance releases of the Software, if any, licensed
to you by the Licensor (collectively, the “Updates”), and c) related user documentationand explanatory materials or files provided in written, “online” or electronic form (the“Documentation” and together with the Software and Updates, the “Product”). You aresubject to the terms and conditions of this End User License Agreement whether youaccess or obtain the Product directly from the Licensor, or through any other source. For
purposes hereof, “you” means the individual person installing or using the Product on his
or her own behalf; or, if the Product is being downloaded or installed on behalf of anorganization, such as an employer, “you” means the organization for which the Productis downloaded or installed, then the person accepting this agreement represents hereby
that such organization has authorized such person to accept this agreement on theorganization’s behalf. For purposes hereof the term “organization,” without limitation,
includes any partnership, limited liability company, corporation, association, joint stockcompany, trust, joint venture, labor organization, unincorporated organization, or
governmental authority.

1

By accessing, storing, loading, installing, executing, displaying, copying the Product into
the memory of a Client Device, as defined below, or otherwise benefiting from using thefunctionality of the Product (“Operating”), you agree to be bound by the terms andconditions of this Agreement. If you do not agree to the terms and conditions of thisAgreement, the Licensor is unwilling to license the Product to you. In such event, you
may not Operate or use the Product in any way.
BEFORE YOU PUT A CHECKMARK AT THE “I ACCEPT THE AGREEMENT”
BUTTON AND PRESS “NEXT,” PLEASE CAREFULLY READ THE TERMS AND
CONDITIONS OF THIS AGREEMENT, AS SUCH ACTIONS ARE A SYMBOL OF
YOUR SIGNATURE AND BY CLICKING ON THE “I ACCEPT THE AGREEMENT”
AND “NEXT” BUTTONS, YOU ARE CONSENTING TO BE BOUND BY AND ARE
BECOMING A PARTY TO THIS AGREEMENT AND AGREE THAT THISAGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED
AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE
TERMS OF THIS AGREEMENT, CLICK THE “CANCEL” BUTTON AND THE
PRODUCT WILL NOT BE INSTALLED ON YOUR CLIENT DEVICE, AS SUCHTERM IS DEFINED BELOW. For your reference, you may refer to the copy of thisAgreement that can be found in the Product Manual for the Software. You may also
receive a copy of this Agreement by contacting Licensor at: https://www.elcomsoft.com.
1. Proprietary Rights and Non-Disclosure.
1.1.
Ownership Rights. You agree that the Product and the authorship, systems,
ideas, methods of operation, documentation and other information contained in the
Product, are proprietary intellectual properties and or the valuable trade secrets of theLicensor and are protected by civil and criminal law, and by the law of copyright,
trade secret, trademark and patent of the Russian federation, other countries andinternational treaties. You may use trademarks only insofar as to identify printed
output produced by the Product in accordance with accepted trademark practice,including identification of trademark owner’s name. Such use of any trademark does
not give you any rights of ownership in that trademark. The Licensor and its
suppliers own and retain all right, title, and interest in and to the Product, including
without limitations any error corrections, enhancements, Updates or othermodifications to the Software, whether made by Licensor or any third party, and all
copyrights, patents, trade secret rights, trademarks, and other intellectual property
rights therein. Your possession, installation or use of the Product does not transfer toyou any title to the intellectual property in the Product, and you will not acquire any
rights to the Product except as expressly set forth in this Agreement. All copies of the
Product made hereunder must contain the same proprietary notices that appear on andin the Product. Except as stated herein, this Agreement does not grant you any
intellectual property rights in the Product and you acknowledge that the license
granted under this Agreement only provides you with a right of limited use under theterms and conditions of this Agreement.
1.2.
Source Code and Modifications. You acknowledge that the source code for
the Product is proprietary to the Licensor and constitutes trade secrets of the Licensor.
You agree not to modify, or create derivative works based upon the Product in whole2

or in part nor reverse engineer, decompile, disassemble the source code of the Productin any way.
1.3.
Registration Code File and Confidential Information. You agree that, unlessotherwise specifically provided herein or agreed by the Licensor in writing, theProduct, including the specific design and structure of individual programs and theProduct, including without limitation the Registration Code File provided to you by
the Licensor and/or its authorized resellers or distributors, constitute confidential
proprietary information of the Licensor. For purposes hereof, “Registration Code”
shall mean a unique key identification file or a combination of unique electronic
characters provided to you by the Licensor confirming the purchase of the licensefrom the Licensor, which may carry the information about the license and the numberof permitted users, and enabling the full functionality of the Product in accordancewith the license granted under this Agreement. You agree not to transfer, copy,
disclose, provide or otherwise make available such confidential information in any
form to any third party without the prior written consent of the Licensor. You agree
to implement reasonable security measures to protect such confidential information,
but without limitation to the foregoing, shall use best efforts to maintain the securityof the Registration Code provided to you by the Licensor and/or its authorized
resellers or distributors.
2. Grant of License.
2.1.
License. The Licensor grants you the following rights (“License”) and you
hereby agree and accept such License:a). Trial Version. If you have received, downloaded and/or installed a trial
version of the Product and are hereby granted an evaluation license for the
Software and you may Operate the Product only for evaluation purposes andonly during the single applicable evaluation period of thirty (30) days, unlessotherwise indicated, from the date of the initial installation. Trial Version may
also have limited functionality of the Product and other limitations that will be
communicated to You by the Licensor. Trial Version may have some
protection mechanism that prevents its unauthorized use outside of the trial
period. Following this test (trial) period of thirty (30) days or any other agreed
period, if you wish to continue to use the Product, you must purchase thelicense. You may not use the Product after expiry of the trial period.
To purchase the license you have to pay for the fully functional version. Upon
payment we provide the Registration Code to you. Any use of the Productfor other purposes or beyond the applicable evaluation period is strictly
prohibited, provided however that, subject to the restrictions contained herein,
you may copy and distribute a trial version of the Software without any
modifications whatsoever to any third party subject to this Agreement andfurther provided that you have no technical support rights during the trial
period. The unregistered (trial) version may be freely distributed, provided
that the distribution package is not modified. No person or company may
charge a fee for the distribution of the Product without written permission
from the copyright holder.
b). Grant of License. Unless otherwise specifically indicated in yourPurchase Order under a valid license (e.g. volume license or any other license)3

granted by the Licensor, once registered you are granted a non-exclusive andnon-transferable license to install one (1) copy of the Product and during theterm of your license, subject to the payment of the applicable fees and yourcompliance with the terms hereof, this Agreement, unless otherwise
specifically indicated in your Purchase Order, permits you or any of youremployees to Operate one copy of the specified version of the Product, forinternal purposes only, on one computer, workstation, or other electronic
device of which the software was designed (each a “Client Device”). If you
have purchased multiple licenses for the Product, then the number of multiple
licenses shall determine the number of copies of the Product you may haveand the number of Client Devices on which you may Operate the Product. If
the Product is licensed as a suite or bundle with more than one specified
software product, this license applies to all such specified software products,
subject to any restrictions or usage terms specified on the applicable price listor product packaging that apply to any of such software products individually.
Additionally, Licensor reserves the right to provide for specific terms andconditions in the purchased licenses and such terms may be embedded in
Registration Code specifying other terms, conditions and restrictions ofOperating of the Product. Specific details related to a type of license shall be
indicated in your Purchase Order. For specific details relating to some of our
Products, their use, operation and possible limitations on use, please refer tothe Products section of our website. The Licensor reserves all rights not
expressly granted herein.
c). Volume Use. If the Product is licensed with volume license terms
specified in the applicable product invoicing, Purchase Order or packaging for
the Product, you may make use and install as many additional copies of the
Product on the number of Client Devices as the volume license terms specify.
You must have a reasonable mechanism in place to ensure that the number ofClient Devices on which the Product has been installed does not exceed thenumber of licenses you have obtained.
d). Multiple Environment Product; Multiple Language Product; Dual Media
Product; Multiple Copies; Bundles. If the Product supports multiple platforms
or languages, if you receive the Product on multiple media, if you otherwise
receive multiple copies of the Product, or if you received the Product bundledwith other software, the total number of your Client Devices on which allversions of the Product are installed may not exceed the number of licenses
you have obtained from the Licensor. You may not rent, lease, sublicense,
lend or transfer any versions or copies of the Product you do not use.
2.2.
Back-up Copies. You can make one (1) copy the Product for backup andarchival purposes, provided, however, that the original and each copy is kept in yourpossession or control, and that your installation and use of the Product does notexceed that which is allowed in this Section 2.
2.3.
Prohibitions. You may not use, copy, emulate, clone, rent, lease, sell, modify,
decompile, disassemble, otherwise reverse engineer, or transfer the licensed program,or any subset of the licensed program, except as provided for in this Agreement
including any terms and restrictions provided in your Purchase Order, any respective
sections of our website and Product Documentation.
4

You may not use any of our Products in a way prohibited in the Product
Documentation.
You agree not to engage in or to instigate actions that cause harm to ElcomSoft or its
other users and customers. Such actions include, but are not limited to, actions
resulting in DDOS attacks for any servers, causing in any way disruption to any
services of ElcomSoft or any technology employed by ElcomSoft to provide its
Products and respective services, etc.
You agree that we have the sole right to decide what constitutes a violation of theacceptable use described above as well as what is the appropriate severity of any
corrective action or remedy to be applied.
Any such unauthorized use shall result in immediate and automatic termination of thislicense and may result in criminal and/or civil prosecution. Neither ElcomSoft binary
code nor source may be used or reverse engineered to re-create the program
algorithm, which is proprietary, without written permission of Licensor. All rights
not expressly granted here are reserved by ElcomSoft Co. Ltd.
2.4.
Registration Code. Registration Code provided by the Licensor constitutes
the confidential proprietary information of the Licensor. ElcomSoft Registration
Code file may not be distributed, except as stated herein, outside of the area of legal
control of the person or persons who purchased the original license, without written
permission of the copyright holder. You may not give away, sell or otherwisetransfer your Registration Code to a third party. Doing so will result in an
infringement of copyright. ElcomSoft Co. Ltd retains the right of claims forcompensation in respect of damage which occurred by your giving away theregistration code. This claim shall also extend to all costs which ElcomSoft Co. Ltd
incurs in defending itself.
2.5.
Transfers. Under no circumstances shall Licensee sell, rent, lease, license,
sublicense, publish, display, distribute, or otherwise transfer to a third party the
Software, any copy thereof, in whole or in part, without Licensor's prior writtenconsent, unless otherwise provided for in this Agreement.
2.6.
Acceptance of Licensing Terms. Installing and using the Product signifies
acceptance of these terms and conditions of the License. If you do not agree with theterms of the license you must remove all Product files from your storage devices,
including any back-up or archival copy, and cease to use the Product.
2.7.
Material Terms and Conditions. Licensee specifically agrees that each of theterms and conditions of this Section 2 are material and that failure of Licensee tocomply with these terms and conditions shall constitute sufficient cause for Licensor
to immediately terminate this Agreement and the License granted under thisAgreement. The presence of this Section 2.7 shall not be relevant in determining themateriality of any other provision or breach of this Agreement by either party.
2.8.
Term and Termination. The term of this Agreement (“Term”) shall begin
when you download, access or install the Product or pay the applicable license fees
(whichever is earlier) and shall continue for the term specified in your Purchase
Order. Without prejudice to any other rights, this Agreement will terminate
automatically if you fail to comply with any of the limitations or other requirements

5

described herein. Upon any termination or expiration of this Agreement, you must
immediately cease use of the Product and destroy all copies of the Product.
2.9.
No Rights Upon Termination. Upon termination of this Agreement you will
no longer be authorized to Operate or use the Product in any way.
3. Support and Updates.
3.1.
Terms of Support. During the one-year period or any other period specified inyour Purchase Order you are entitled to technical services and support for the Productwhich is provided to you by Licensor during the regular business hours (GMT+
03:00), except for locally-observed holidays, and includes the support provided
through a special technical support section of the Licensor’s site (the “Site”). During
such support period e-mail support is unlimited and includes technical and support
questions and patch fixes.
3.2.
Updates. During the one-year period pr any other period specified in yourPurchase Order, you may download Updates to the Product when and as the Licensor
publishes them on the Site, or through other online services. If the Product is an
Update to a previous version of the Product, you must possess a valid license to suchprevious version in order to use the Update. You may continue to use the previous
version of the Product on your Client Device after you receive the Update to assist
you in the transition to the Update, provided that: (i) the Update and the previous
version are installed on the same Client Device; (ii) the previous version or copies
thereof are not transferred to another party or Client Device unless all copies of theUpdate are also transferred to such party or Client Device; (iii) you acknowledge thatany modification that you made to the Product may be lost, altered, distorted or
destroyed rendering such modifications, Product or the part thereof inoperable or nonusable; and (iv) you acknowledge that any obligation the Licensor may have tosupport the previous version of the Product may be ended upon availability of theUpdate. Except for the rights to free Updates during the specified period, as further
defined herein, nothing in this Agreement shall be construed as to grant you any
rights or licenses with regard to the new releases of the Product or to entitle you to
any new release. This Agreement does not obligate the Company to provide any
Updates. Notwithstanding the foregoing, any Updates that you may receive become
part of the Product and the terms of this Agreement apply to them (unless thisAgreement is superseded by a succeeding agreement accompanying such Update or
modified version of the Product).
4. Restrictions.
4.1.
No Transfer of Rights. You may not transfer any rights pursuant to thisAgreement nor rent, sublicense, lease, loan or resell the Product. You may not permit
third parties to benefit from the use or functionality of the Product via a timesharing,
service bureau or other arrangement, except to the extent such use is specified in theapplication price list, Purchase Order or product packaging for the Product. Except asotherwise provided in Section 1.2 hereof, you may not, without the Licensor’s priorwritten consent, reverse engineer, decompile, disassemble or otherwise reduce any
party of the Product to human readable form nor permit any third party to do so,
except to the extent the foregoing restriction is expressly prohibited by applicablelaw. Notwithstanding the foregoing sentence, decompiling the Software is permitted
to the extent the laws of your jurisdiction give you the right to do so to obtain6

information necessary to render the Software interoperable with other software;
provided, however, that you must first request such information from the Licensor
and the Licensor may, in its discretion, either provide such information to you(subject to confidentiality terms) or impose reasonable conditions, including areasonable fee, on such use of the Software to ensure that the Licensor's and its
affiliates’ proprietary rights in the Software are protected. Except for themodification permitted under Section 1.2, you may not modify, or create derivative
works based upon the Product in whole or in part.
4.2.
Proprietary Notices and Copies. You may not remove any proprietary notices
or labels on the Product. You may not copy the Product except as expressly
permitted in Section 2 above.
4.3.
Compliance with Law. You agree that in Operating the Product and in using
any report or information derived as a result of Operating this Product, you willcomply with all applicable international, national, state, regional and local laws andregulations, including, without limitation, privacy, trademark, patent, copyright,
export control and obscenity law and you shall not use the Product for unethical or
illegal business practices or in violation of any obligation to a third party in using,operating, accessing or running any of the Product and shall not knowingly assist anyother person or entity to so violate any obligation to a third party.
All our Products licensed to You are absolutely legal and you can use them provided
that you are the legal owner of all files or data you are going to recover through theuse of our Products, you are the legal owner of any devices or cloud accounts accessto which you are going to receive through the use of our Products, or have permission
from the legitimate owner to perform these acts or have the legal authority to accesssuch data on the basis of your national laws (i.e. you represent law enforcement
agencies that can lawfully access such data in the course of investigation or otherwiseor any other competent public authorities).
Any illegal use of our Products will be solely your responsibility.
Accordingly, you affirm that you have the legal right to access all data, informationand files that have been hidden.
You further attest that the recovered or obtained otherwise data, passwords and/or
files will not be used for any illegal purpose.
Be aware password recovery and the subsequent data decryption of unauthorized orotherwise illegally obtained files or unauthorized access to data and information may
constitute theft or another wrongful action and may result in your civil and (or)criminal prosecution.
4.4.
Additional Protection Measures. Solely for the purpose of preventing
unlicensed use of the Product, the Software may install on your Client Device
technological measures that are designed to prevent unlicensed use, and the Licensor
may use this technology to confirm that you have a licensed copy of the Product. The
update of these technological measures may occur through the installation of theUpdates. The Updates will not install on unlicensed copies of the Product. If you are
not using a licensed copy of the Product, you are not allowed to install the Updates.
7

The Licensor will not collect any personally identifiable information from your Client
Device during this process.
5. WARRANTIES AND DISCLAIMERS.
5.1.
Limited Warranty. The Licensor warrants that for 90 days (the “Warranty
Period”) from the date the Registration Code is provided to you by Licensor, themedia on which Product has been provided will be free from defects in materials andworkmanship and that the Software will perform substantially in accordance with theDocumentation or generally conform to the Product’s specifications published by the
Licensor. Non-substantial variations of performance from the Documentation do notestablish a warranty right. THIS LIMITED WARRANTY DOES NOT APPLY TO
UPDATES AS APPLIED TO ANY MODIFIED PRODUCT, WHETHER OR NOTSUCH MODIFICATION IS PERMISSIBLE HEREUNDER, TRIAL AND
EVALUATION VERSIONS, UPDATES, PRE-RELEASE, TRYOUT, PRODUCTSAMPLER, OR NOT FOR RESALE (NFR) COPIES OF PRODUCT. This limited
warranty is void and your support right terminate if the defect has resulted from
accident, abuse, or misapplication or any modification, whether or not suchmodification is permitted hereunder. No warranty is made as to the integrity,protection or safekeeping of any modification to the Products made by you upon
installation of any of the Updates. To make a warranty claim, you must return the
Product to the location where you obtained it along with proof of purchase withinsuch sixty (60) day period of the license fee you paid for the Product. THE
LIMITED WARRANTY SET FORTH IN THIS SECTION GIVES YOU SPECIFICLEGAL RIGHTS. YOU MAY HAVE ADDITIONAL RIGHTS WHICH VARYFROM JURISDICTION TO JURISDICTION.
5.2.
Customer Remedies. The Licensor and its suppliers’ entire liability and yourexclusive remedy for any breach of the foregoing warranty shall be at the Licensor’s
option: (i) return of the purchase price paid for the license, if any, (ii) replacement of
the defective media in which the Product is contained, or (iii) correction of thedefects, “bugs” or errors within reasonable period of time. You must return thedefective media to the Licensor at your expense with a copy of your receipt. Any
replacement media will be warranted for the remainder of the original warranty
period.
5.3.
NO OTHER WARRANTIES. EXCEPT FOR THE FOREGOING LIMITEDWARRANTY, AND FOR ANY WARRANTY, CONDITION, REPRESENTATIONOR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT
BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOURJURISDICTION, THE PRODUCT IS PROVIDED “AS-IS” WITHOUT ANY
WARRANTY WHATSOEVER AND THE LICENSOR MAKES NO PROMISES,REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED ORIMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR
OTHERWISE, REGARDING OR RELATING TO THE PRODUCT OR CONTENTTHEREIN OR TO ANY OTHER MATERIAL FURNISHED OR PROVIDED TO
YOU PURSUANT TO THIS AGREEMENT OR OTHERWISE. YOU ASSUME
ALL RISKS AND RESPONSIBILITIES FOR SELECTION OF THE PRODUCTTO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION
OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. THE
LICENSOR MAKES NO WARRANTY THAT THE PRODUCT WILL BE ERROR
8FREE OR FREE FROM INTERRUPTION OR FAILURE, OR THAT IT IS
COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSORDISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED,INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS,
INTEGRATION, SATISFACTORY QUALITY OR FITNESS FOR ANY
PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCT AND THE
ACCOMPANYING WRITTEN MATERIALS OR THE USE THEREOF. SOMEJURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIEDWARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU HEREBY ACKNOWLEDGE THAT THE PRODUCT MAY NOT BE OR
BECOME AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDINGWITHOUT LIMITATION PERIODIC SYSTEM MAINTENANCE, SCHEDULEDOR UNSCHEDULED, ACTS OF GOD, TECHNICAL FAILURE OF THE
SOFTWARE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DELAY OR
DISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF SERVICEATTACKS, INCREASED OR FLUCTUATING DEMAND, AND ACTIONS ANDOMISSIONS OF THIRD PARTIES.
THEREFORE, THE LICENSOR
EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTYREGARDINGSYSTEM
AND/OR
SOFTWARE
AVAILABILITY,ACCESSIBILITY, OR PERFORMANCE. THE LICENSOR DISCLAIMS ANY
AND ALL LIABILITY FOR THE LOSS OF DATA DURING ANYCOMMUNICATIONS AND ANY LIABILITY ARISING FROM OR RELATEDTO ANY FAILURE BY THE LICENSOR TO TRANSMIT ACCURATE ORCOMPLETE INFORMATION TO YOU.
5.4.
LIMITED LIABILITY; NO LIABILITY FOR CONSEQUENTIAL
DAMAGES.
YOU ASSUME THE ENTIRE COST OF ANY DAMAGE
RESULTING FROM YOUR USE OF THE PRODUCT AND THE INFORMATIONCONTAINED IN OR COMPILED BY THE PRODUCT, AND THE
INTERACTION (OR FAILURE TO INTERACT PROPERLY) WITH ANY OTHER
HARDWARE OR SOFTWARE WHETHER PROVIDED BY THE LICENSOR OR
A THIRD PARTY.
TO THE MAXIMUM EXTENT PERMITTED BYAPPLICABLE LAW, IN NO EVENT WILL THE LICENSOR OR ITS SUPPLIERS
OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESSPROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, HARDWARE OR
SOFTWARE DISRUPTION IMPAIRMENT OR FAILURE, REPAIR COSTS,
TIME VALUE OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR
INABILITY TO USE THE PRODUCT, OR THE INCOMPATIBILITY OF THE
PRODUCT WITH ANY HARDWARE SOFTWARE OR USAGE, EVEN IF SUCHPARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL LICENSOR’S TOTAL LIABILITY TO YOU FOR ALL
DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION, WHETHER IN
CONTRACT, TORT OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU
FOR THE PRODUCT. THIS LIMITATION OF LIABILITY SHALL NOT APPLYTO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT9

APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE,
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTALDAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
6. Indemnification.
6.1.
Indemnification for Violations. Your Operating of the Product, your accessing
your account with Licensor and your entering into this Agreement constitutes yourconsent and agreement to defend, indemnify and hold harmless Licensor and its
affiliated companies, employees, contractors, officers and directors from any claim or
demand, including reasonable attorney’s fees arising out of your use of the Product inviolation of this Agreement.

SPECIAL PROVISION APPLICABLE TO U.S. PERSONS AND
ENTITIES.
7. U.S. Government-Restricted Rights.
7.1.
Notice to U.S. Government End Users. The Product and accompanying
Documentation are deemed to be “Commercial Items,” as that term is defined at 48
C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial
Computer Software Documentation,” respectively, as such terms are used in 48
C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R.
§12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, theCommercial Computer Software and Commercial Computer Software Documentation
are being licensed to U.S. Government end users (a) only as Commercial Items and(b) with only those rights, including any use, modification, reproduction, release,performance, display or disclosure of the Product and accompanying Documentation,
as are granted to all other end users pursuant to the terms and conditions herein.
Unpublished-rights reserved under the copyright laws of the United States.
7.2.
Export Restrictions. You acknowledge and agree that the Product may besubject to restrictions and controls imposed by the Export Administration Act and theExport Administration Regulations of the United States (the “Acts”). You agree andcertify that neither the Product nor any direct product thereof is being or will be used
for any purpose prohibited by the Acts. You may not Operate, download, export, or
re-export the Product (a) into, or to a national or resident of, any country to which theUnited States has embargoed goods, or (b) to anyone on the United States Treasury
Department’s list of Specially Designated Nationals or the U.S. Commerce
Department’s Table of Deny Orders. By downloading or using the Product, you are
representing and warranting that you are not located in, under the control of, or anational or resident of any such country or on any such list. You acknowledge that it
is your sole responsibility to comply with any and all government export and otherapplicable laws and that the Licensor has no further responsibility for such after the
initial license to you. You warrant and represent that neither the U.S. Commerce
Department, Bureau of Export Administration nor any other U.S. federal agency hassuspended, revoked or denied your export privileges.
8. Your Information and the Licensor’s Privacy Policy.
10

8.1.
Privacy Policy. You acknowledge receipt of and agree to the Licensor’s
privacy statement which is made available to you in connection with installation andis set forth in full at http://www.elcomsoft.com/privacy.html. You hereby expressly
consent to the Licensor’s processing of your personal data (which may be collectedby the Licensor or its distributors) according to the Licensor’s current privacy policy
as of the date of the effectiveness hereof which is incorporated into this Agreement byreference. By entering into this Agreement, you agree that the Licensor may collectand retain information about you, including your name and email address. The
Licensor employs other companies and individuals to perform certain functions on its
behalf. Examples include fulfilling orders, delivering packages, sending postal mailand e-mail, removing repetitive information from customer lists, analyzing data,
providing marketing assistance, processing credit card payments, and providing
customer service. They have access only to personal information needed to performtheir functions, but may not use it for other purposes. The Licensor publishes a
privacy policy on its web site and may amend such policy from time to time in its
sole discretion. You should refer to the Licensor’s privacy policy prior to agreeing tothis Agreement for a more detailed explanation of how your information will be
stored and used by the Licensor. If “you” are an organization, you will ensure thateach member of your organization (including employees and contractors) about
whom personal data may be provided to the Licensor has given his or her express
consent to the Licensor’s processing of such personal data. Personal data will beprocessed by the Licensor or its distributors in the country where it was collected.
8.2.
Public Announcements. The Licensor may identify you to the public as acustomer of the Licensor and describe in a customer case study the services andsolutions delivered by the Licensor to you. The Licensor may also issue one or morepress releases, containing an announcement of the execution and delivery of thisAgreement and/or the implementation of the Product by you. Nothing contained inthis Section shall be construed as an obligation by you to disclose any of yourproprietary or confidential information to any third party. In addition, you may optout from this Section by writing an opt-out request to the Licensor athttps://support.elcomsoft.com.
9. Miscellaneous.
9.1.
Governing Law; Jurisdiction and Venue. This Agreement shall be governedby and construed and enforced in accordance with the laws of the Russian Federation
without reference to conflicts of law rules and principles. To the extent permitted bylaw, the provisions of this Agreement shall supersede any provisions of the Uniform
Commercial Code as adopted or made applicable to the Products in any competentjurisdiction. This Agreement shall not be governed by the United Nations
Convention on Contracts for the International Sale of Goods, the application of whichis expressly disclaimed and excluded. The courts within the Russian Federation shallhave exclusive jurisdiction to adjudicate any dispute arising out of this Agreement.
You agree that this Agreement is to be performed in the Russian Federation and thatany action, dispute, controversy, or claim that may be instituted based on thisAgreement, or arising out of or related to this Agreement or any alleged breach
thereof, shall be prosecuted exclusively in the federal or state courts in of the RussianFederation and you, to the extent permitted by applicable law, hereby waive the rightto change venue to any other state, county, district or jurisdiction; provided, however,11

that the Licensor as claimant shall be entitled to initiate proceedings in any court ofcompetent jurisdiction.
9.2.
Period for Bringing Actions. No action, regardless of form, arising out of thetransactions under this Agreement, may be brought by either party hereto more thanone (1) year after the cause of action has occurred, or was discovered to haveoccurred, except that an action for infringement of intellectual property rights may bebrought within the maximum applicable statutory period.
9.3.
Entire Agreement; Severability; No Waiver. This Agreement is the entire
agreement between you and Licensor and supersedes any other prior agreements,
proposals, communications or advertising, oral or written, with respect to the Productor to subject matter of this Agreement. You acknowledge that you have read thisAgreement, understand it and agree to be bound by its terms. If any provision of thisAgreement is found by a court of competent jurisdiction to be invalid, void, or
unenforceable for any reason, in whole or in part, such provision will be morenarrowly construed so that it becomes legal and enforceable, and the entire
Agreement will not fail on account thereof and the balance of the Agreement willcontinue in full force and effect to the maximum extent permitted by law or equity
while preserving, to the fullest extent possible, its original intent. No waiver of any
provision or condition herein shall be valid unless in writing and signed by you andan authorized representative of Licensor provided that no waiver of any breach of any
provisions of this Agreement will constitute a waiver of any prior, concurrent or
subsequent breach. Licensor’s failure to insist upon or enforce strict performance ofany provision of this Agreement or any right shall not be construed as a waiver of any
such provision or right.
9.4.
Contact Information. Should you have any questions concerning thisAgreement contact us at https://support.elcomsoft.com.

© 1998-2020 ElcomSoft Co. Ltd. All rights reserved. The Product, including theSoftware and any accompanying Documentation, are copyrighted and protected bycopyright laws and international copyright treaties, as well as other intellectual property
laws and treaties.

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