CODE 42 END USER LICENSE AND SUBSCRIPTION AGREEMENT (CRASHPLAN/CRASHPLAN+)
Effective Date: January 16, 2013
====================================================================

IMPORTANT:
PLEASE READ THIS END USER LICENSE AND SUBSCRIPTION AGREEMENT
CAREFULLY. YOU WILL HAVE ACCEPTED THIS END USER LICENSE AND SUBSCRIPTION
AGREEMENT IF YOU: 1) DOWNLOAD, INSTALL, ACTIVATE, SUBSCRIBE TO OR USE CODE 42
PRODUCTS AND SERVICES; OR 2) CLICK THE “I ACCEPT” BUTTON ASSOCIATED WITH THIS
END USER LICENSE AND SUBSCRIPTION AGREEMENT (“AGREEMENT”).

This Agreement is a legal agreement between you, the customer, and Code 42
Software, a Delaware corporation (“Code 42”) regarding the license, installation
and subscription to use Code 42's CrashPlan, CrashPlan+, CrashPlan+ Unlimited,
CrashPlan+ Family Software and/or the Public Cloud (hereinafter to each of, and
collectively to, the “Code 42 Products and Services”). In this Agreement, “you”
and “your” refer to you, the customer, and his or her agents, and “we”, “us” and
“our” refer collectively to Code 42.

THE CODE 42 PRODUCTS ARE FOR PERSONAL/NON-COMMERCIAL USE ONLY. IF YOU WISH TO
LICENSE AND SUBSCRIBE TO CODE 42 PRODUCTS AND SERVICES FOR COMMERCIAL OR
BUSINESS PURPOSES, PLEASE REFER TO THE CODE 42 PRO AND PROe PRODUCTS FOUND
http://www.crashplan.com/business/compare.html

THE CODE 42 PRODUCTS AND SERVICES SUPPORT BACKUP STORAGE TO MULTIPLE LOCATIONS
UTILIZING BOTH THE PRIVATE CLOUD AND THE PUBLIC CLOUD DESCRIBED BELOW. CODE 42
STRONGLY ADVISES AND ENCOURAGES YOU TO LEVERAGE THE FULL CAPABILITIES OF THE
CODE 42 PRODUCTS AND SERVICES AND BACKUP YOUR DATA TO AT LEAST TWO DESTINATIONS
AND TO UTILIZE BOTH THE PUBLIC CLOUD AND THE PRIVATE CLOUD FOR ADDITIONAL
REDUNDANCY AND PROTECTION OF YOUR USER DATA.

CODE 42 IS WILLING TO ALLOW THE LICENSE AND YOUR SUBSCRIPTION TO THE CODE 42
PRODUCTS AND SERVICES ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS
CONTAINED IN THIS AGREEMENT. BY ACCEPTING THIS AGREEMENT YOU ARE BINDING
YOURSELF TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS
AGREEMENT, THEN CODE 42 IS UNWILLING TO ALLOW THE LICENSE AND SUBSCRIPTION TO
THE CODE 42 PRODUCTS AND SERVICES AND YOU MUST NOT DOWNLOAD, INSTALL, ACTIVATE,
OR USE THE CODE 42 PRODUCTS AND SERVICES. IF YOU ARE UNDER 14 YEARS OF AGE, YOU
MAY NOT LICENSE OR SUBSCRIBE TO THE CODE 42 PRODUCTS AND SERVICES. IF YOU ARE
BETWEEN THE AGES OF 14 AND 17 YEARS OF AGE YOU MAY ONLY LICENSE AND SUBSCRIBE TO
THE CODE 42 PRODUCTS AND SERVICES AFTER RECEIVING PRIOR CONSENT FROM YOUR
PARENTS OR LEGAL GUARDIANS. ANY LICENSE OR SUBSCRIPTION TO ANY CODE 42 PRODUCTS
AND SERVICES WITHOUT AGREEING TO THE TERMS OF THIS AGREEMENT IS STRICTLY
PROHIBITED.

Code 42 makes no representations that the Code 42 Products and Services are
appropriate for use in other locations outside of the United States. If you use
the Code 42 Products and Services in or from locations outside the United States
you are responsible for compliance with all applicable laws and regulations.

Code 42 may make changes to this Agreement at its sole discretion. Changes will
be communicated to you by us posting the new version of the Agreement on
http://support.crashplan.com/doku.php/eula as otherwise determined by Code 42 in
its sole discretion and your acceptance of and/or continued use of any Code 42
Products and Services after such notification of changes to this Agreement will
constitute your acceptance of such changes. You may also be asked to re-
acknowledge and reaccept this Agreement following any material changes.

1. DESCRIPTION OF CODE 42 PRODUCTS AND SERVICES; DEFINITIONS.

Throughout this Agreement, the following descriptions and definitions shall
apply. More detailed information regarding Code 42 Products and Services can be
found at http://www.crashplan.com.

PRODUCTS AND SERVICES

a. “CrashPlan” is the free ad-supported version of the CrashPlan Software that
allows you to backup your User Data once a day to multiple destinations
utilizing your Private Cloud. CrashPlan does not allow for near real-time
backups or the ability to backup your User Data to the Public Cloud.

b. “CrashPlan+” is the CrashPlan Software that allows you to backup your User
Data automatically in near real time to your Private Cloud or to Code 42’s
servers using up to 10GB of the Public Cloud. Your subscription to CrashPlan+ is
limited to one (1) Device using up to 10GB of the Public Cloud. If you exceed
the storage limitations, your backup to the Public Cloud will stop and you will
need to utilize the Private Cloud. You acknowledge and assume all risk for
exceeding the limited storage capabilities associated with a CrashPlan+
subscription.

c. “CrashPlan+ Unlimited” has the same features as CrashPlan+ with no current
limitation on the amount of User Data stored on the Public Cloud (subject to
future data storage limits described below). While there is no current
limitation for CrashPlan Unlimited subscribers on the amount of User Data backed
up to the Public Cloud, Code 42 reserves the right in the future, in its sole
discretion, to set commercially reasonable data storage limits (i.e. 10 TB) on
all CrashPlan+ Unlimited accounts.

d. “CrashPlan+ Family” has the same features as CrashPlan+ Unlimited extended to
include up to ten (10) Devices used by family members living under the same
household (and offsite family members in college or that are military personnel)
using the CrashPlan Products and Services. While there is no current limitation
for CrashPlan Unlimited subscribers on the amount of User Data backed up to the
Public Cloud, Code 42 reserves the right in the future, in its sole discretion,
to set commercially reasonable data storage limits (i.e. 20 TB) on all
CrashPlan+ Family accounts.

e. “Public Cloud” is the secure cloud-based online backup storage services
provided by Code 42 for NON-COMMERCIAL PERSONAL USE ONLY. When utilizing the
Public Cloud, your User Data flows to and is stored on Code 42’s servers.

f. “Private Cloud” means your own external hard drive or other third-party
storage devices that: (i) are running any form of the CrashPlan Software; (ii)
have given you permission to backup to that Device; and (iii) are in the
functional state and condition appropriate for receiving and storing your User
Data (e.g., powered on, connected to the Internet or LAN, containing appropriate
storage space, etc.). When utilizing the Private Cloud, your User Data flows
directly from Device to Device.

ADDITIONAL DEFINITIONS

g. “CrashPlan Software” refers to each of, and collectively to, CrashPlan,
CrashPlan+, CrashPlan+ Unlimited, and CrashPlan+ Family.

h. “Device” means your computer, tablet, smartphone, or any other electronic
device.

i. “Documentation” as used in this Agreement means written information (whether
contained in user or technical manuals, training materials, specifications or
otherwise) specifically pertaining to the Code 42 Products and Services and made
available by Code 42 with the Code 42 Products and Services in any manner.

j. “Modifications” refers to additional or modified functionality, updates,
enhancements, security updates and patches, and upgrades to CrashPlan Software
or to remove or terminate the functionality of any CrashPlan Software in
accordance with the termination provisions of this Agreement.

k. “User Data” means all content and materials submitted by you for which you
have a legal right to copy, share, store, publicize or otherwise use.

2. GRANT OF LICENSE.

Unless otherwise noted in this Agreement, and to the fullest extent allowed
under any applicable laws, all terms and conditions of this Agreement apply to
the license and use of any and all Code 42 Products and Services.

a. CODE 42 PRODUCTS LIMITED EVALUATION LICENSE. Subject to the terms of this
Agreement, you are hereby licensed by Code 42 to use for evaluation purposes
only (i) one (1) copy of the CrashPlan Software per Device (except that
CrashPlan+ Family can be used on up to ten (10) Devices); and (ii) excluding the
users of the free ad-supported CrashPlan, the use of the Public Cloud, without
charge, for a period of thirty (30) days after you first activate your
subscription. If you want to continue to use any version of CrashPlan Software
except the free ad-supported version of CrashPlan, after the 30-day evaluation
period, you must acquire from Code 42, for a fee, a subscription for the
CrashPlan Software and the Public Cloud, if applicable. Use of CrashPlan
Software or the Public Cloud, if applicable, after the expiration of the 30-day
evaluation period without acquiring such a license is outside the scope of this
Agreement and a violation of U.S. and international copyright laws. If you do
not purchase a subscription to CrashPlan Software and the Public Cloud, if
applicable, after the evaluation period, your ability to use the Code 42
Products and Services, including your ability to backup or retrieve backup User
Data from the Public Cloud, will automatically cease to function 31 days after
activation of your subscription; however, your evaluation version of CrashPlan
Software may continue to operate as the free ad-supported CrashPlan.

b. NON-EVALUATION GRANT OF LICENSE. Conditioned upon compliance with the terms
and conditions of this Agreement, Code 42 grants to you a nonexclusive and
nontransferable license to use those Code 42 Products and Services that you have
validly licensed and subscribed to use, along with their related Documentation.
For CrashPlan, Crash Plan+ and CrashPlan+ Unlimited, you may only use a single
copy of the applicable CrashPlan Software you license on one Device at a time;
however, you are allowed to transfer each license of CrashPlan Software from one
Device to another Device so long as you do not abuse this privilege (e.g.,
repeated transfers of the CrashPlan Software for the purpose of backing up
multiple Devices without the purchase of multiple licenses or multiple transfers
in any thirty (30) day period). What actions constitute an abuse of this policy
is the sole discretion of Code 42. For CrashPlan+ Family you may use the
CrashPlan Software on up to ten (10) Devices.

c. TITLE AND LIMITATIONS. This is a license and subscription to use the Code 42
Products and Services, not a transfer of title, to the CrashPlan Software and
Documentation or any Code 42 Products and Services. Code 42 retains ownership of
all copies of the CrashPlan Software and Documentation and any Code 42 Products
and Services. You are granted no implied licenses to any other intellectual
property rights other than as specifically granted herein. You acknowledge that
the CrashPlan Software, Documentation and the Code 42 Products and Services
contain trade secrets of Code 42, its suppliers, or licensors, including but not
limited to, the specific internal design and structure of individual programs
and associated interface information. Accordingly, except as otherwise expressly
provided under this Agreement, you shall have no right, and you specifically
agree not to: (i) transfer, assign or sublicense your license or subscription
rights to another person or entity and you acknowledge that any attempted
transfer, assignment, sublicense or use shall be void; (ii) make error
corrections to, or otherwise modify or adapt, the CrashPlan Software or any Code
42 Products and Services or to create derivative works based upon the CrashPlan
Software or any Code 42 Products and Services, or permit third parties to do the
same; (iii) reverse engineer or decompile, decrypt, disassemble or otherwise
reduce the CrashPlan Software or any Code 42 Products and Services to human-
readable form, except to the extent otherwise expressly permitted under
applicable law notwithstanding this restriction; (iv) use or permit the
CrashPlan Software or any Code 42 Products and Services to be used for
commercial use or to perform services for third parties, whether on a service
bureau or time sharing basis or otherwise, without the express written
authorization of Code 42; (v) disclose, provide, or otherwise make available
trade secrets contained within the CrashPlan Software, Documentation and any
Code 42 Products and Services in any form, to any third party without the prior
written consent of Code 42; or (vi) use the CrashPlan Software or Code 42
Products and Services to develop any software application or similar products
and services.

d. SOFTWARE, UPGRADES, AND ADDITIONAL COPIES.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) YOU HAVE NO LICENSE
OR RIGHT TO USE ANY ADDITIONAL COPIES OR MODIFICATIONS TO THE CRASHPLAN SOFTWARE
OR DOCUMENTATION UNLESS YOU, AT THE TIME OF ACQUIRING SUCH COPY OR MODIFICATION,
ALREADY HOLD A VALID LICENSE AND SUBSCRIPTION TO THE ORIGINAL CRASHPLAN SOFTWARE
AND HAVE PAID THE APPLICABLE FEE FOR THE MODIFICATION OR ADDITIONAL COPIES; AND
(2) THE MAKING AND USE OF ADDITIONAL COPIES IS LIMITED TO NECESSARY BACKUP
PURPOSES ONLY.

e. ADVERTISING AND USE OF COMPUTATIONAL RESOURCES (CRASHPLAN). The following is
applicable to users of the free ad-supported version of CrashPlan. As
consideration for your license and subscription under this Agreement, you agree
that (i) Code 42 and its business partners have a right to provide promotional
offers, advertising and other information to you in connection with your use of
CrashPlan, and that (ii) Code 42 has a right to allow CrashPlan Software and the
Code 42 Products and Services to utilize the processor, bandwidth and storage
hardware on your Device in association with the Code 42 Products and Services.
You may opt out of receiving advertising from Code 42 and its business partners
at any time by upgrading to a fee based subscription version of the Code 42
Products and Services or by discontinuing your use of the Code 42 Products and
Services.

3. ACCESS TO CODE 42 PRODUCTS AND SERVICES. 

In order to use Code 42 Products and Services, you must provide all Devices,
equipment and software necessary to use Code 42 Products and Services that are
not a part of the Code 42 Products and Services, including, but not limited to,
a Device that is in working order running an operating system compatible with
the Code 42 Products and Services and that is suitable for use in connection
with the Code 42 Products and Services. You are responsible for ensuring that
your Device, equipment and/or software do not disturb or interfere with Code
42's operations or the operations of other users of Code 42 Products and
Services. If any Modification to Code 42 Products and Services requires changes
in your Device, equipment or software, you must effect these changes at your own
expense. Unless explicitly stated otherwise, any new or additional features that
augment or enhance Code 42 Products and Services, including the release of new
products and services, shall be subject to the terms and conditions of this
Agreement.

4. PAYMENT.

a. PRICING INFORMATION. Pricing and subscription information for Code 42
Products and Services is provided at
https://www.crashplan.com/consumer/store.vtl (“Pricing Policy”). Code 42 may
change the price for the Code 42 Products and Services from time to time by
updating the Pricing Policy. Such changed price will take effect after the
expiry of the then current paid for period (i.e. the term that you have already
paid for). If you do not wish to be bound by such changed price relating to your
Code 42 Products and Services you may terminate your subscription of your Code
42 Products and Services in accordance with Section 11 (Termination). Your
continued use of the Code 42 Products and Services after the communication of
such price change to you constitutes an acceptance of such new price.

b. PAYMENT TERMS. Code 42 will offer you the opportunity to subscribe to the
monthly, annual, or multi-year subscription fee, as applicable. After the free
30 day evaluation period, if you do not sign up, for a fee-based version of the
Code 42 Products and Services, Code 42 will remove all User Data from the Public
Cloud, however you will still be permitted to use the free ad-supported version
of CrashPlan and backup User Data to your Private Cloud, subject to the terms of
this Agreement, for as long as this service is made available by Code 42 in Code
42’s discretion. BY ACCEPTING THIS AGREEMENT AND USING CODE 42 PRODUCTS AND
SERVICES, YOU EXPRESSLY AUTHORIZE CODE 42 TO BILL AND COLLECT PAYMENT FROM YOU
BY ANY PAYMENT METHOD YOU REGISTER WITH CODE 42 INCLUDING, BUT NOT LIMITED TO,
YOUR CREDIT CARD, BANK ACCOUNT, OR ONLINE PAYMENT SYSTEM SUCH AS PAYPAL.

If you agree to pay the fee for subscribing to the Code 42 Products and
Services, such fee will be charged by the company designated by Code 42 in
accordance with the payment method you have chosen for your purchase. If you are
paying by credit or debit card, by designating a card to be billed, you confirm
that you are authorized to make such purchase and that you are the holder of
such card (i.e. that the card is issued in your name). All prices stated on the
Code 42 website are inclusive of any applicable sales taxes and fees and are
subject to change at anytime. Code 42 accepts a variety of different payment
methods, so please check the Code 42 website
https://www.crashplan.com/consumer/store.vtl for the best way for you to pay. It
is your responsibility to maintain proper payment and billing information with
Code 42. Failure to maintain proper and up-to-date payment and billing
information will result in the termination of your subscription to the Code 42
Products and Services in accordance with Section 11 (Termination).

Your subscription to the Code 42 Products and Services will automatically renew
at the end of each billing cycle at the then current fees unless you terminate
your subscription prior to the end of such billing cycle in accordance with
Section 11 (Termination). Unless you log into your account to designate
otherwise, such renewal will always be for your prior subscription term. At the
time of renewal the payment method you have designated to be charged for the
subscription of the Code 42 Products and Services will automatically be charged
our then current fees for the applicable subscription.

Code 42 is not obligated to refund any payments already paid, and any
cancellation by you will take place at the end of your applicable subscription
term, unless a sooner date is requested.

5. DATA STORAGE AND SECURITY.

a. DATA STORAGE. You decide where your User Data is stored and backed up.
Regardless of whether your User Data is stored in the Public Cloud or the
Private Cloud, only the files you select to for backup will be stored. Code 42
Products and Services are for backup purposes only and not intended to be used
for primary or archived storage of your User Data.

(i) Private Cloud. User Data stored to the Private Cloud will require you to x)
(gain authorizations from another CrashPlan Software user to backup User Data to
(their Device; y) supply another Device validly using the Code 42 Products and
(Services; and/or z) supply other hardware or equipment i.e. external
(harddrive).

You are in control of your Private Cloud and you are solely responsible for all
User Data stored to your Private Cloud, including without limitation, any loss
of your User Data due to performance, compatibility or reliability issues
associated with your Private Cloud.

(ii) Public Cloud. User Data stored to the Public Cloud is stored on Code 42’s
(servers and User Data is encrypted prior to being transmitted to Code 42. The
(Public Cloud is designed to work with Devices that are in-use and frequently
(connected to the Internet. When utilizing the Public Cloud, your Device must
(connect to the Public Cloud at least once every six 6) months.

b. DATA SECURITY. CrashPlan Software provides three (3) levels of data security
as described below:

Data Security Level

Security Mode:            Email Protected (Default)
Level of Data Protection: Low
Data Encryption:          Yes
Additional Details:       Data security key
Details:
  Code 42 retains the data security key to your encrypted User Data. You have
  access to the data security key by logging into your account and providing the
  correct password for your account. Your account password is stored with 
  Code 42. UNDER THIS DATA SECURITY LEVEL, SECURITY IS ONLY AS STRONG AS YOUR 
  LOGIN CREDENTIALS AND/OR ACCESS TO YOUR EMAIL ACCOUNT.

Security Mode:            Password Protected
Level of Data Protection: High
Data Encryption:          Yes
Additional Details:       Data security key & user provided data password
Details:
  Code 42 retains a password protected data security key, however, you must 
  enter a unique password to unlock your data security key. IF YOU LOSE YOUR 
  PASSWORD, YOUR ENCRYPTED USER DATA WILL NOT BE RECOVERABLE WITHOUT A PASSWORD.

Security Mode:            Custom Key Protection
Level of Data Protection: Extremely High
Data Encryption:          Yes
Additional Details:       User provided custom data security key
Details:
  Code 42 does not retain your data security key. SHOULD YOU LOSE YOUR DATA 
  SECURITY KEY, YOUR ENCRYPTED DATA WILL NOT BE RECOVERABLE. WE ADVISE YOU TO 
  STORE YOUR DATA SECURITY KEY IN MULTIPLE SECURE OFFSITE LOCATIONS.

c. ACCOUNT DETAILS AND PASSWORD. You agree to keep all account and password
details private and to not share them with anyone else in order to prevent
unauthorized access to your account, your password, and/or your User Data. Code
42 is not liable for any loss or damage arising from any access to, sharing or
use of your account, your password or your User Data. If you believe there has
been any unauthorized access to your account, you must notify Code 42
immediately at http://www.crashplan.com/helpdesk.

d. DELETED FILES. By default, all deleted files are maintained by Code 42, at
Code 42’s discretion space permitting for at least thirty (30) days. In your
account settings you can customize the period of time Code 42 would maintain a
deleted file.

e. VERSIONING. By default, the Public Cloud will maintain up to 1,000 versions
of your backup data over a four (4) year period. Code 42 reserves the right to
reduce both the number of versions and period of time in its sole discretion.
You may customize versioning in your account settings. Code 42 encourages you to
configure your own versioning standard.

6. PRIVACY AND CUSTOMER INFORMATION.

a. METHOD OF PAYMENT INFORMATION. If you subscribed to the Code 42 Products and
Services, we may collect and store your method of payment for the Code 42
Products and Services you have purchased.

b. ACCOUNT CREDENTIALS. Your e-mail address in combination with your password,
allows Code 42 to verify your identity. CODE 42 EXPLICITLY DISCLAIMS ALL
LIABILITY FOR ANY LOST, STOLEN, OR DELETED USER DATA, INCLUDING ANY DATA DELETED
REMOTELY DUE TO THE COMPROMISE OF YOUR PASSWORD, YOUR ACCOUNT CREDENTIALS OR
ACCESS TO YOUR E-MAIL ACCOUNT.

c. INFORMATION COLLECTED VIA THE INTERNET. CrashPlan Software may automatically
use the Internet to search for updates, such as, but not limited to, bug fixes
and security updates, for the Code 42 Products and Services. Such updates may
install automatically. Code 42 Products and Services may also contact Code 42 to
verify the status of any subscription and right to use the Code 42 Products and
Services. Devices with installed CrashPlan Software may also be tracked by Code
42 (such as via Internet Protocol address) to locate where on the Internet that
computer is located so that you and others you invite to backup data can locate
your computer.

d. CODE 42 PRODUCTS' LICENSE KEY. Code 42 Products may require activation via a
license key. Code 42 Products and Services requiring activation by a license key
will require an Internet connect to complete activation. Activation via a
license key will result in the computer installed with Code 42 Products and
Services to transmit the license key to Code 42 via the Internet for activation
of the Code 42 Products and Services.

e. PRIVATE CLOUD. By default, any unique User Data stored in your Private Cloud
is encrypted before transmission and is not decrypted at destination unless you
submit a request to decrypt and restore your User Data to the Device you are
restoring your User Data to. Please see Section 5 for more information on Data
Security.

f. PUBLIC CLOUD. By default, unique User Data submitted to the Public Cloud is
encrypted before transmission and is not decrypted by Code 42 unless you submit
a request to decrypt and restore your User Data. Your User Data will remain
encrypted until you restore the User Data to your Device. Where appropriate,
duplicate User Data in the Public Cloud may be de-crypted and re-encrypted using
a separate data security key to reduce overall storage consumption in the Public
Cloud. Please see Section 5 for more information on Data Security.

g. PRIVACY. For additional information on Code 42’s privacy practices, please
visit our privacy policy at http://www.crashplan.com/privacy.html

7. MODIFICATIONS. 

For continuity of performance, you agree that Code 42 may, at any time in the
sole discretion of Code 42, access the CrashPlan Software on your computer,
and/or cause the CrashPlan Software to contact Code 42, in order to provide
Modifications. All Modifications will be related to the Code 42 Products and
Services and will not include additional software from third parties, except for
Open Source Content (see Section 10 for more information on Open Source
Content). While Code 42 extensively tests all Modifications for compatibility,
Code 42 does not warrant that Modifications or the Code 42 Products will be
compatible with your Device. In the event your Device is not compatible with any
Modification or the Code 42 Products and Services, your sole remedy is to
terminate this Agreement and your subscription to the Code 42 Products and
Services in accordance with Section 11.

8. UNINSTALLING CRASHPLAN SOFTWARE. 

You may uninstall CrashPlan Software by using any uninstall utility that
accompanies the installed CrashPlan Software or through the uninstall mechanism
provided by your compatible operating system on your Device. UNINSTALLING THE
CRASHPLAN SOFTWARE WILL CEASE ALL FUNCTIONALITY OF THE CRASHPLAN SOFTWARE.
UNINSTALLING CRASHPLAN SOFTWARE WILL RESULT IN YOU NOT BEING ABLE TO ACCESS ANY
USER DATA THAT WAS STORED TO THE PUBLIC CLOUD USING THE CRASHPLAN SOFTWARE AND
LIMITED ACCESS TO ANY USER DATA STORED IN YOUR PRIVATE CLOUD. ADDITIONALLY
UNINSTALLING CRASHPLAN WILL RESULT IN THE INABILITY OF OTHERS BACKING UP TO THAT
DEVICE TO RETRIEVE THEIR BACKED UP USER DATA FROM THAT DEVICE. Code 42 does not
warrant that any and all portions of the CrashPlan Software will be removed by
any uninstall utility or the uninstall mechanism of your operating system. Code
42 does not warrant that all of your computer or Device's software content,
including but not limited to the operating system, will regress to a state of
operation, including but not limited to settings and options, that are identical
to those that existed prior to the installation of CrashPlan Software or your
use of the Code 42 Products and Services. You remain bound by the terms of this
Agreement, including but not limited to its disclaimer of warranties, limitation
of liability, exclusive remedy, intellectual property, and ownership clauses
even after you uninstall the CrashPlan Software and discontinue your use of the
Code 42 Products and Services.

9. PROPRIETARY NOTICES.

You agree to maintain and reproduce all copyright, trademarks and other
proprietary notices on all copies, in any form, of the CrashPlan Software and
the Code 42 Products and Services in the same form and manner that such
copyright and other proprietary notices are included on the CrashPlan Software
and the Code 42 Products and Services. Except as expressly authorized in this
Agreement, you shall not make any copies or duplicates of any CrashPlan Software
or the Code 42 Products and Services without the prior written permission of
Code 42.

10. OPEN SOURCE CONTENT. 

You acknowledge that some of the CrashPlan Software contains open source or
publicly available content under separate license and copyright requirements
which are located either in this license, the CrashPlan Software README file, or
the Documentation. You agree to comply with such separate license and copyright
requirements. Certain portions of the CrashPlan Software are licensed under, and
your use of such portions are subject to, the GNU General Public License version
2. A copy of the license is available at www.fsf.org or by writing to
licensing@fsf.org or the Free Software Foundation, 59 Temple Place, Suite 330,
Boston, MA 02111-1307. Source code governed by the GNU General Public License
version 2 is available upon written request to Code 42 at 1 Main Street S.E.
#400, Minneapolis, Minnesota 55414, without charge except for the cost of media,
shipping, and handling. The GNU General Public License version 2 software is
distributed WITHOUT ANY WARRANTY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

11. TERMINATION. 

This Agreement shall be effective as of your acceptance of this Agreement and/or
your use of the Code 42 Products and Services and shall continue in effect until
terminated by either party or otherwise terminated as set forth in this
Agreement. Either party may, at its election and in its sole discretion,
terminate this Agreement and any subscription to the Code 42 Products and
Services at will, at any time. Code 42 specifically reserves the right to
terminate this Agreement and your use of Code 42 products immediately, without
notice from Code 42, if you fail to comply with any provision of this Agreement,
your use any Code 42 Product and Services in a way not intended by Code 42, or
you abuse your use of Code 42 Products and Services. Code 42 is further entitled
to obtain injunctive relief if your use of the Code 42 Products and Services is
in violation of any restrictions set forth in this Agreement, including without
limitation any license restrictions. Upon termination, you shall destroy all
copies of the CrashPlan Software and Documentation in your possession or
control. ACCORDING TO THIS SECTION OR OTHER SECTIONS OF THIS AGREEMENT, CODE 42
MAY TERMINATE YOUR ABILITY TO CONTINUE TO USE CODE 42 PRODUCTS AND SERVICES. THE
TERMINATION OF YOUR ABILITY TO CONTINUE TO USE CODE 42 PRODUCTS AND SERVICES
WILL CAUSE THOSE CODE 42 PRODUCTS AND SERVICES TO CEASE FUNCTIONING AND RESULT
IN YOU NOT BEING ABLE TO ACCESS ANY USER DATA THAT WAS STORED USING THE PUBLIC
CLOUD. FOLLOWING TERMINATION YOU WILL HAVE LIMITED ACCESS TO YOUR DATA STORED IN
YOUR PRIVATE CLOUD, HOWEVER THERE IS NO GUARANTY THAT THIS SERVICE WILL CONTINUE
OR BE AVAILABLE TO YOU. TERMINATING YOUR USE OF THE CODE 42 PRODUCTS AND
SERVICES WILL ALSO RESULT IN THE INABILITY OF OTHERS BACKING UP TO THAT DEVICE
TO RETRIEVE THEIR BACKED UP USER DATA FROM THAT DEVICE. The termination of this
Agreement for any reason shall not affect: a) the obligations of the parties to
account for and pay to one another any amounts for which they are obligated by
virtue of transactions or events which occurred prior to the effective date of
termination; or b) any other obligation or liability which either party has to
the other under this Agreement and which, by its nature, would reasonably be
expected to survive termination.

12. ALLOCATION OF RISK. 

You acknowledge and agree that Code 42 has set its prices and entered into this
Agreement and your subscription to the Code 42 Products and Services in reliance
upon the disclaimers of warranty and the limitations of liability set forth
herein, that the same reflect an allocation of risk between the parties
(including the risk that a contract remedy may fail of its essential purpose and
cause consequential loss), and that the same form an essential basis of the
bargain between the parties.

13. LIMITED WARRANTY. 

Code 42 warrants that, for a period of ninety (90) days from the date of the
first purchase of your subscription to the Code 42 Products and Services that
such Code 42 Products and Services, in the form delivered by Code 42, will
substantially conform to and perform substantially in accordance with Code 42's
published Documentation, to the extent such exists, with respect thereto when
installed and operated in accordance with Code 42 specifications, and Code 42
will endeavor to correct any failure of the Code 42 Products and Services to so
conform or perform of which Code 42 receives written notice from you within said
ninety (90) day period. EXCEPT AS EXPRESSLY PROVIDED HEREIN, CODE 42 PRODUCTS
AND SERVICES FURNISHED BY CODE 42 AND ACCEPTED BY YOU ARE PROVIDED “AS IS” AND
WITHOUT ANY WARRANTY WHATSOEVER. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR
PURPOSE, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED BY CODE 42. CODE 42 DOES NOT
WARRANT THAT THE CODE 42 PRODUCTS AND SERVICES OR ASSOCIATED DOCUMENTATION WILL
MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE CODE 42 PRODUCTS AND
SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS EXPRESSLY PROVIDED
HEREIN, THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF CODE 42 PRODUCTS
AND SERVICES IS WITH YOU.

14. LIMITATION OF REMEDIES. 

YOUR SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THE FOREGOING LIMITED WARRANTY WILL
BE THAT (A) CODE 42 WILL ENDEAVOR TO CORRECT WITHIN A REASONABLE TIME ANY
REPORTED FAILURE OF CODE 42 PRODUCTS AND SERVICES TO SUBSTANTIALLY CONFORM TO OR
PERFORM SUBSTANTIALLY IN ACCORDANCE WITH CODE 42'S DOCUMENTATION OR, TO THE
EXTENT SUCH SPECIFICATIONS EXIST, DURING THE WARRANTY PERIOD SET FORTH IN
SECTION 13 OF THIS AGREEMENT OR (B) IN THE EVENT THAT CODE 42 SHALL FAIL OR BE
UNABLE FOR ANY REASON TO CORRECT ANY SUCH FAILURE OR NON-CONFORMITY OF THE CODE
42 PRODUCTS AND SERVICES YOU MAY TERMINATE THIS AGREEMENT AS TO THE AFFECTED
CODE 42 PRODUCTS.

15. LIMITATION OF CODE 42 LIABILITY. 

IN NO EVENT WILL CODE 42 BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST SAVINGS,
LOST DATA, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA,
LOST REVENUE, BUSINESS INTERRUPTION, LOSS OF CAPITAL OR OTHER SPECIAL,
CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT
OR ANY CODE 42 PRODUCTS AND SERVICES FURNISHED OR TO BE FURNISHED BY CODE 42
UNDER THIS AGREEMENT OR THE USE THEREOF, EVEN IF CODE 42 HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSS OR DAMAGE, AND THE AGGREGATE LIABILITY OF CODE 42 UPON
ANY AND ALL CLAIMS HOWSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY
CODE 42 PRODUCTS AND SERVICES FURNISHED OR TO BE FURNISHED BY CODE 42 UNDER THIS
AGREEMENT WILL IN ANY EVENT BE ABSOLUTELY LIMITED TO THE AMOUNT PAID BY YOU TO
CODE 42 FOR YOUR SUBSCRIPTION OF CODE 42 PRODUCTS AND SERVICES UNDER THIS
AGREEMENT.

16. COPYRIGHT, PATENT, TRADE SECRET, AND TRADEMARK INDEMNITY. 

Subject to the limitations of Section 15, Code 42 will defend you and hold you
harmless against liability upon any claim by any third party that the Code 42
Products and Services as furnished by Code 42 infringe or violate any copyright,
trademark or trade secret rights of such third party or any patent rights of
such third party under a United States patent issued as of the effective date of
this Agreement, provided that: a) you notify Code 42 promptly in writing of any
notice of any such claim; b) you cooperate with Code 42 in all reasonable
respects in connection with the investigation and defense of any such claim; c)
Code 42 shall have sole control of the defense of any action on any such claim
and all negotiations for its settlement or compromise; and d) should the Code 42
Products and Services become, or in Code 42's opinion be likely to become, the
subject of a claim of copyright, patent or trademark infringement or trade
secret misappropriation, you will permit Code 42, at Code 42's option and
expense, either to: (i) procure for you the right to continue using the affected
Code 42 Products and Services; (ii) replace or modify the same so that it
becomes non-infringing; or (iii) terminate this Agreement with respect to such
Code 42 Products and Services and refund to you the amount of the subscription
fees paid to Code 42 for charges for the thirty (30) day billing cycle during
which you notified Code 42 in writing of any such claims and thereafter.
Notwithstanding anything herein to the contrary, however, Code 42 shall have no
obligation or liability under any provision of this Section if any copyright,
patent or trademark infringement or trade secret misappropriation claim is based
upon use of an Code 42 Products and Services in a manner other than that for
which it was furnished by Code 42, upon any Code 42 Products and Services which
has been modified by or for you in such a way as to cause it to become
infringing, or upon any trademark or service mark which is not used by Code 42.

17. INDEMNITY BY YOU. 

You will, to the fullest extent permitted by law, indemnify Code 42 and its
officers, directors, shareholders, employees and agents and their respective
successors and assigns (collectively, the “Code 42 Indemnified Parties”) against
and hold the Code 42 Indemnified Parties harmless from any and all claims,
liabilities, damages, costs and expenses, including reasonable attorneys' fees
in connection with investigating, defending, or settling any claim relating to
or arising out of any acts or omissions on the part of you which gives rise to
claims against Code 42 Indemnified Parties by third parties.

18. U.S. GOVERNMENTAL END USER PURCHASES. 

The Code 42 Products and related Documentation are “Commercial Terms,” as that
term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer
Software” and “Commercial Computer Software Documentation,” 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,
the Commercial 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 as are granted to all other end users pursuant to
the terms and conditions herein. Unpublished-rights are reserved under the
copyright laws of the United States.

19. YOUR OBLIGATIONS. 

You represent and warrant that (a) you are the owner or an authorized user of
the Device on which the Code 42 Products are installed and any User Data used in
conjunction the Code 42 Products and Services; (b) you shall use the Code 42
Products and Services only for lawful purposes, and will comply at all times
with all applicable federal, state, and local laws and regulations applicable to
the use of the same; and © you shall use the Code 42 Products and Services for
your personal use only. You agree not to use any automated or manual process to
interfere with, modify, or attempt to interfere with or modify the Code 42
Products and Services except to uninstall the same as provided herein.

20. GENERAL PROVISIONS.

a. ENFORCEMENT/CHOICE OF LAW/CHOICE OF FORUM. Every provision of this Agreement
will be construed, to the extent possible, so as to be valid and enforceable. If
any provision of this Agreement so construed is held by a court of competent
jurisdiction to be invalid, illegal or otherwise unenforceable, such provision
will be deemed severed from this Agreement, and all other provisions will remain
in full force and effect. The laws of the State of Minnesota, excluding its
conflicts of law rules, govern this Agreement and your use of the Code 42
Products and Services. Your use of the Code 42 Products and Services may also be
subject to other local, state, national, or international laws. If any provision
of this Agreement is illegal or unenforceable under applicable law, the
remainder of the provision shall be deemed amended to approximate as closely as
possible the effect of the original terms. All other provisions of this
Agreement shall continue in full force and effect. Any action between the
parties will be venued in a state or federal court situated within the state of
Minnesota, and you irrevocably submit yourself to the personal jurisdiction of
such courts for such purpose. The United Nations Convention on Contracts for the
International Sale of Goods does not apply to this Agreement.

b. ENTIRE AGREEMENT/NO WAIVER. This Agreement together with the Pricing Policy
and the Privacy Policy, both of which are incorporated herein, sets forth the
entire agreement and understanding between Code 42 and you regarding the subject
matter hereof and supersedes any prior representations, advertisements,
statements, proposals, negotiations, discussions, understandings, or agreements
regarding the same subject matter. You acknowledge that it has not been induced
to enter into this Agreement by any representations or statements, oral or
written, not expressly contained in this Agreement. The failure by Code 42 at
any time to enforce any of the provisions of this Agreement or any right or
remedy available hereunder or at law or in equity, or to exercise any option
herein provided, will not constitute a waiver of such provision, right, remedy
or option or in any way affect the validity of this Agreement. The waiver of any
default by Code 42 will not be deemed a continuing waiver, but will apply solely
to the instance to which such waiver is directed.

c. CORRECTION OF ERRORS AND INACCURACIES. This Agreement may contain
typographical errors or other errors or inaccuracies and may not be correct or
current. Code 42 reserves the right to correct any errors, inaccuracies or
omissions and to change or update this Agreement at any time without prior
notice. Code 42 does not, however, guarantee that any errors, inaccuracies or
omissions will be corrected.

d. HEADINGS. The section headings appearing in this Agreement are inserted only
as a matter of convenience and in no way define, limit, construe or describe the
scope or extent of such section or in any way affect such section. This
Agreement shall not be construed as creating or constituting any partnership,
joint venture or agency relationship between the parties.

e. ASSIGNMENT AND RESALE. Your rights under this Agreement are not assignable or
transferable. You agree not to resell the Code 42 Products and Services or any
portion thereof. This Agreement will be binding upon and inure to the benefit of
the parties and their respective successors and permitted assigns. No third-
party beneficiaries are intended or shall be construed as created by virtue of
this Agreement.

f. EXPORT COMPLIANCE. You may not use or otherwise export or re-export the Code
42 Products and Services except as authorized by United States law and the laws
of the jurisdiction in which the Code 42 Products and Services were obtained. In
particular, but without limitation, the Code 42 Products and Services may not be
exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone
on the U.S. Treasury Department's list of Specially Designated Nationals or the
U.S. Department of Commerce Denied Person’s List or Entity List. By using the
Code 42 Products, You represent and warrant that you are not located in any such
country or on any such list. You also agree that you will not use these products
for any purposes prohibited by United States law, including, without limitation,
the development, design, manufacture or production of nuclear, missiles, or
chemical or biological weapons.

21. QUESTIONS OR ADDITIONAL INFORMATION. If you have any questions regarding
this Agreement or wish to obtain additional information, please send a letter
via U.S. Mail to Code 42 at 1 Main Street S.E. #400, Minneapolis, Minnesota
55414.

Last Modified: January 15, 2013. 
Copyright 2006-2013, Code 42 Software, Inc. All Rights Reserved.