SOFTWARE SARDU MULTIBOOT CREATOR FREE USER LICENSE GENERAL TERMS AND CONDITIONS This License Agreement “SARDU” with the end-user (the "Agreement") is a contract between the user (person or entity) and SARDU Pro S.r.l. for the not exclusive use of the software product SARDU MultiBoot Creator. The product ("Software" or "SARDU") includes the computer software and may include associated storage media , printed materials and/or in digital or electronic form. By installing, copying, downloading, displaying or otherwise using the Software, the Customer accepts and is bound by the terms and conditions of this License. 1. LICENSE TO USE THE SOFTWARE 1. SARDU Pro S.r.l (hereinafter SARDU) grants the Customer license to use the Software product MultiBoot Creator SARDU (hereinafter referred to as "the Software") subject to the following terms and conditions. 2. The data, requirements and Software SARDU MultiBoot Creator specifications are described in the user manual and illustrative material provided. Prior to installation or use of SARDU MultiBoot Creator, the customer shall inspect and carefully read the user manual of the Software, which is an integral and essential part of this license agreement, keeping strictly to the instructions contained therein. 2 HOW TO USE THE SOFTWARE 1. This Software user license is a non-exclusive license to use the Software granted to the Customer by SARDU Pro S.r.l. who preserves its exclusive ownership. The Customer acknowledges and agrees that the Software is intended for domestic and non-professional use only and that it is forbidden any use in connection with professional activities, commercial, craft or, in any event, within any business. 2. The license cannot be transferred to other parties, nor can it be granted in sub-license, rent, lease or loan. 3. The Customer has the right to store and install the Software exclusively in computer storage media and on personal computers used for non-professional or commercial purposes. The Customer undertakes not to allow the use and not to make available the Software, even if only in part and in any way whatsoever, to third parties. The Customer has no right to reproduce, even partly, the Software obtained in license to use, or modify it, with the exception of the right to make a copy of the Software solely as backup. The customer is not authorized to run additional copies of the Software or of the information with it provided, other than for personal use. 4. Beyond what it is described in detail in the user manual, the Customer is aware and agrees that SARDU MultiBoot Creator: a) can accomplish the necessary procedures in the removable units on which to write (USB stick or other removable memory) only through the access allowed by the system administrator rights; once the writing is authorized, SARDU erases its own Temp folder and overwrites the removable storage unit by creating or modifying the startup files. The removable media formatting erases all the data contained in the same, so the Customer must carefully select the drive he wants to format. b) SARDU uses a search function of the storage unit on which to write; in a special Tab all the available parameters of the removable storage unit, such as size, Label, serial, are displayed. These parameters should be carefully considered by the Customer in order to avoid installing the Software on a wrong storage unit or on the hard disk. c) if the processor used by the Customer has NON-standard configurations, the Customer must use special care to avoid that the procedures for the operating system startup be changed; d) when creating an ISO or a removable unit, the computer (PC or Mac) can become slow and unstable. The use of obsolete Hardware, non-standard or not perfectly compatible can slow down its functioning; the use of certain external storage units (such as USB 1. x 0) can cause an apparent freezing of the machine; e) frequent use of SARDU can overexploit the normal hardware components and, in particular, the section of the hard disk and the memory of USB storage units due to excessive writing and deletion of data; f) downloading a large number of ISO can quickly determine the exhaustion of the available space on the hard disk. The download may occupy the PC for a variable time depending on the size of the programs to install. The download of the ISO, managed by SARDU, may result in a cost increase depending on the connection charges applied by the operator that provides the electronic communications service; g) creating a removable storage unit through SARDU may employ a variable time depending on the amount of selected ISO, of the installed hardware in the computer, the speed of memory units used and the connection speed to the Internet. h) not all removable storage media can be made bootable. Not all PC and Mac can be started from removable memory units created with SARDU; i) manual modification by the Customer of certain files created by SARDU can lead to problems in the operation of the system. 3. LICENSE CONDITIONS 1. The license is subject to the terms and conditions of this agreement and subject to the following limitations: - (i) the Customer may not copy the Software, if not for the purpose of storage and subsequent restoration in case of damage to the installation; if the Customer makes copies for the purpose mentioned above, he must keep in the Software and in all copies made or in the make, all the information relating to property rights; - (ii) without prejudice to the mandatory limits, the Customer agrees not to dismantle, decompile, disassemble or otherwise attempt to determine the source code or Software protocols; also the operations mentioned in art. 64 bis, lett. a) and b) of the Law 22 April 1941, no. 633, are expressly forbidden without prior written permission by SARDU Pro S.r.l. In this regard, SARDU Pro S.r.l. declares to be available to provide, on request, information necessary to achieve interoperability with other independently created Customer software; it is therefore prohibited to the Customer any form of processing pursuant to art. 64 quater, L. 22 April 1941, n. 633; - (iii) the Customer undertakes not to lend, rent, assign, distribute or grant sublicense of the Software to third parties or however to facilitate their use by third parties whether in return of payment or free of charge both or otherwise make use of it beyond what is permitted by these terms and license agreement; - (iv) the Software is licensed as a single product. The Software cannot, therefore, be separated into individual components, modified and/or inserted into other programs. The Customer may not modify the Software and shall not create or attempt to create any product derived from the Software. The Customer may not remove or alter any trademark, trade name, serial number, copyright, or other notice of reservation of special rights, or provided in the software and/or on its supports and/or relevant documentation; - v) the title, ownership rights and intellectual property rights related to the Software are and will remain the sole and exclusive property of SARDU Pro S.r.l. SARDU Pro S.r.l. also retains all rights not expressly granted to the Customer in this agreement. - (vi) this License allows the Customer to use the contents of the Software only for the purpose for which it is intended, therefore, excludes any right to use the same for similar products or equivalent. 4. COPYRIGHT 1. The ownership and intellectual property rights related to the Software (including, but not exclusive, every text, drawing, image or sequence of images) and the information, or electronic paper, attached to the Software, are owned by SARDU Pro S.r.l. The ownership and intellectual property rights relating to the content of this Software, to which the Customer can access through its use, are of SARDU Pro S.r.l, which intends to protect such rights in accordance with national laws and international treaties on copyright and intellectual property. 2. The trade mark "SARDU" is the exclusive property of SARDU Pro S.r.l and properly recorded. The Customer can not use it in any form and manner: in case of unlawful use SARDU Pro S.r.l. will protect its rights in the manner it deems most appropriate, reserving itself any right to compensation of damage resulting from unlawful use of the mark. The trademarks or product names belonging to third parties, including trademarks and logos of Microsoft Corporation - Windows-and Ms-Dos are mentioned only to indicate the compatibility or incompatibility with the Software. 5. WARRANTIES AND LIABILITY 1. SARDU Pro S.r.l., despite having tested their Software to be free from defects in normal use condition and compatible hardware and having carried out all the necessary checks in that sense, gives the Software without any guarantee of proper functioning or suitability for specific purposes. The use of removable media and software created through the same is intended at sole risk and peril of the user. The Customer acknowledges and agrees that SARDU may not operate correctly due to incompatibilities with certain hardware or with certain software. Installing antivirus software or firewall or the malfunctioning of certain operating system components installed may restrict all or some of the functionality of the software or determine the functioning impossibility of SARDU Moltiboot Creator. 2. SARDU Pro S.r.l. states that the Software is able to perform the operations envisaged and indicated in the technical description for the Software itself, but does not warrant that the content of the program meets the needs and expectations of the Customer, nor assume any liability regarding the functionality or suitability, nor it is liable for any direct or indirect damages of any kind which were caused by the installation, by use, or by errors in the program, or incompatibility with the equipment or hardware or software components. Any check on the operation of the Software will be done using only the tests prepared by SARDU Pro S.r.l. In any case, the operation of the Software is conditioned to the proper functioning of the computer and the system software and the proper use of the system by the Customer. In case of malfunction of the Software not dependent on causes attributable to the Customer or used computer, SARDU Pro S.r.l. will provide, on request and within a reasonable time, depending on the case, replacement, modification and correction to its care and expenses for the Software that does not execute the operations envisaged and indicated in the technical description of the Software. The Customer remains responsible for the exclusive choice, installation and use of the program and the results obtained. 6. LIMITATIONS OF LIABILITY 1. Customer acknowledges and agrees that SARDU Pro S.r.l. assumes no responsibility for direct or indirect damages resulting from unintended events and/or that may occur during installation or operation of SARDU MultiBoot Creator, such as by way of example and not limited to: a) loss, cancellation, modification or alteration of data or information contained in computer or storage medium used by the Customer for installation and/or operation of the Software; b) overwriting files or data of the computer or memory storage units used by the Customer; c) overwriting or alteration of the log files or of the computer start up; d) non-recognition of the computerized, optical or magnetic support used by the Customer; e) instability, slowness or block of the computer used by the Customer; f) decrease or running out of the memory contained in the Computer hard disk; g) incompatibilities with SARDU MultiBoot Creator or with the removable media created through the same with other software or hardware components, including the memory storage units used by the Customer; h) traffic generated when downloading the ISO, which remains subject to the pricing applicable from the operator that provides connection services to the Internet; i) downloading computer programs capable of damaging or interrupting a computer or telematic system, (computer viruses) or otherwise unwanted programs; k) system crashes caused by software or hardware incompatibility or by viruses. 7. TERMINATION OF LICENSE AGREEMENT 1. The license will have duration of one year from the date of software installation. SARDU Pro S.r.l. has the right to revoke, withdraw or resolve each time this license agreement, at its sole discretion upon a simple communication sent to the Customer. 2. Within one month after the termination for any reason of the license agreement, the Customer is obliged to return the original and delete or destroy any copies of the Software in his possession, giving written confirmation of it to SARDU Pro S.r.l. 8. GOVERNING LAW AND JURISDICTION 1. This Agreement is governed by the Italian law, under which must therefore be interpreted and executed. 2. Any disputes however arising or connected to this Contract and any amendements or related to its execution, including any dispute concerning the validity, applicability, interpretation, execution and termination, and which is not resolvable through a mutual agreement, it will be referred exclusively to the jurisdiction of the Court of Cagliari. 3. In the event that this license to use is translated into different languages, in case of conflict between translations or difficulties in interpretation, the Italian language version shall prevail in any case.