End-User License Agreement Software Products: The object of this agreement is the Nero software suite, comp rising

a selection of components, that varies with different suite types, as wel l as standalone applications and programs from the following list: Nero Burning ROM, Nero Express, Nero StartSmart, Nero BurnRights, Nero Control Center, Nero I nfoTool, Nero CoverDesigner, Nero Kwik Media, Nero Mobile Sync, Nero WaveEditor, Nero SoundTrax, Nero BackItUp, Nero Vision, Nero VisionXTRA, Nero Recode, Secur Disc Viewer, Nero RescueAgent, Nero DiscSpeed, Nero DiscCopy Gadget, Nero BackIt Up & Burn, DTS Plug-in, BD Playback Plug-in, Gracenote Plug-in ("Software") Licensor: Nero AG ("Nero") THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE "END USER", AND NERO AG, IM STOECKMAE DLE 18, 76307 KARLSBAD, GERMANY. CONCLUSION OF THE CONTRACT THIS AGREEMENT IS EFFECTIVE BY OPENING THE SEALED PACKING OF NEROS SOFTWARE ON THE "EFFECTIVE DATE," YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE SOFTWARE AND ALL THE ACCOMPANYING I TEMS (INCLUDING WRITTEN MATERIALS AND BINDERS OR OTHER CONTAINERS) TO THE PLACE YOU OBTAINED THEM FOR A FULL REFUND. OR BY INSTALLING OR USING THE DOWNLOADED SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY MEANS OF CLICKING THE ACCEPT BUTTON DURING THE INST ALLATION OF THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, RE FRAIN FROM INSTALLING THE SOFTWARE OR PROMPTLY UNINSTALL AND DELETE THE SOFTWARE AND ALL THE ACCOMPANYING ITEMS (INCLUDING DOCUMENTATION OR MANUALS) IF THE TERM S OF THIS AGREEMENT COMPRISE AN OFFER BY NERO, THEN YOUR ACCEPTANCE IS EXPRESSLY LIMITED TO THE TERMS CONTAINED HEREIN. The terms of your license agreement ("Agreement") for the Software described abo ve depend on whether you obtained the Software by: (a) Purchase from a Nero OEM partner; or (b) Purchase from Nero or a Nero distributor; or (c) Downloading a free or trial version of the Software. (d) Participation in a Nero Beta program which can be distinguished as follows: If the jewel box in which you received the Software includes the word "OEM" or Es sentials on its cover (or on the disc itself), you have acquired a copy of the So ftware from a Nero OEM partner. This also applies if you downloaded Software which only allows you to install un der the condition that you need to connect a hardware device to your PC. If the jewel box in which you received the Software has only Nero's label on it and does not include the word "OEM" or Essentials on its cover (or on the disc its elf), you have acquired a copy of the Software from either Nero or a Nero distri butor. If the disc containing the software or the Software itself is labeled TRIAL , DEMO , FREE FREEMIUM , LITE or similar terms and was downloaded free of charge via Nero s official website <www.nero.com> you have obtained a free or trial version of the Softwar e. If the disc containing the software or the Software itself is labeled BETA , PRE REL EASE or similar you have obtained the Software via participation in a Nero Beta p rogram. CERTAIN TERMS MAY ALSO VARY DEPENDING ON (e) THE AREA YOU USUALLY RESIDE AND OBTAINED THE SOFTWARE IN (f) If the Software was obtained via an offer labeled Family , Family Pack or si milar YOU MAY ALSO HAVE CONCLUDED ANOTHER AGREEMENT DIRECTLY WITH NERO THAT SUPPLEMENT S OR SUPERSEDES ALL OR PORTIONS OF THIS AGREEMENT A. LICENSE TERMS AND CONDITIONS APPLICABLE TO SOFTWARE ACQUIRED FROM OEM PA RTNER I. Grant of license

This Agreement permits you to use one copy of the Software acquired with this li cense on any single computer ("OEM License"), provided the Software is in use on only one computer at any given time. If you have acquired a multiple license fo r the Software, then at any one time you may have in use up to as many copies of the Software as you have licenses. The Software is "in use" on a computer when it is loaded into the temporary memory or installed into the permanent memory (e .g. hard disk, CD ROM, or other storage device) of that computer, except that a copy installed on a network server for the sole purpose of distribution to other computers is not considered "in use". If the anticipated number of users of the Software might exceed the authorized number of applicable licenses, then you mu st have a reasonable mechanism or process in place to assure that the number of concurrent uses of the Software does not exceed the number of licenses. THE OEM LICENSE GRANTED HEREIN IS ONLY VALID IF ACQUIRED AS A BUNDLE WITH CD/DVD -RECORDING HARDWARE. II. Copyright The Software is owned by Nero or its licensors and is protected by copyright law s, international treaty provisions, and other national laws. You agree that you have no right, title or interest in the Software, except as set forth in Subsect ion I. If the Software is not copy protected you may either (a) make one copy of the Software solely for backup or archival purposes, or (b) transfer the Software to a single hard disk provided you keep the origin al solely for backup or archival purposes. Product manual(s) or written materials accompanying the Software may not be copi ed. III. Other restrictions You may not rent or lease the Software, but you may permanently transfer your ri ghts under this Agreement provided that: (a) you transfer all copies of the Software and all written materials; (b) the recipient agrees to be bound by the terms of this Agreement; and (c) you remove any and all copies of the Software from your computer and cea se any further use of the Software. Any transfer must include the most recent update and all prior versions. You may not copy the Software except as expressly set forth above. You may not reverse engineer, decompile or disassemble the Software unless this right is specificall y granted to you by applicable law to decompile only to achieve interoperability with other Software. You are not allowed to post or otherwise make the Software available on the World Wide Web. If you did not acquire the Software in its ori ginal packaging and you are not a transfer recipient under this subsection, you are not licensed to use the Software. Updates and Upgrades: You will have the opportunity to maintain the Software by means of Updates and Upgrades. An "Update" is a new release of the existing Soft ware and is provided to You free of charge by Nero. An "Upgrade" is a major func tional enhancement to the Software that You can purchase via the Nero website (< www.nero.com>). Should you decide to install an Update, the provisions of this A greement will apply to such Update. Should you purchase an Upgrade, your rights to install and use the Software will be limited to either the originally purchas ed version of the Software or the Upgrade, but not both, in accordance with the provisions of this Agreement. For the avoidance of doubt, this Agreement permits you to install and use only one version (either the original version or the Upg rade) of the Software at any one time and you agree not to use, transfer or perm it any third party to use the version that you have not installed. IV. Warranties THE LIMITED WARRANTY SET FORTH IN THIS SECTION PROVIDES YOU WITH SPECIFIC LEGAL RIGHTS. YOU MAY HAVE ADDITIONAL RIGHTS BY LAW WHICH VARY FROM JURISDICTION TO JU RISDICTION. NERO DOES EXPLICITLY NOT INTEND TO LIMIT YOUR WARRANTY RIGHTS TO AN EXTENT NOT PERMITTED BY LAW. PLEASE SEE SECTION E. LICENSE TERMS AND CONDITIONS A PPLICABLE TO CERTAIN JURISDICTIONS FOR PROVISIONS THAT APPLY TO SPECIFIC JURISDIC TIONS. NERO MAKES NO WARRANTIES TO YOU IN CONNECTION WITH THIS OEM LICENSE, INCLUDING B UT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTIC

ULAR PURPOSE. The party from whom you purchased the product with which this Soft ware has been bundled may have warranty and/or support obligations to you. V. Liability for consequential damages ANY CLAIMS CONCERNING PRODUCT LIABILITY FACING NERO DUE TO REGULATION 85/374/EEC WILL BE GRANTED AND ARE NOT SUBJECT OF THIS AGREEMENT. YOU MAY HAVE ADDITIONAL RIGHTS BY LAW WHICH VARY FROM JURISDICTION TO JURISDICTI ON. NERO DOES EXPLICITLY NOT INTEND TO LIMIT YOUR LIABILITY RIGHTS TO AN EXTENT NOT PERMITTED BY LAW. PLEASE SEE SECTION E. LICENSE TERMS AND CONDITIONS APPLICAB LE TO CERTAIN JURISDICTIONS FOR PROVISIONS THAT APPLY TO SPECIFIC JURISDICTIONS. In no event shall Nero or its licensors be liable for any other damages whatsoev er (including, without limitation, damages for loss of business profits, busines s interruption, loss of business information, or other pecuniary loss) arising o ut of the use of or inability to use the Software, even if Nero has been advised of the possibility of such damages. You are required to take reasonable measure s to avoid, damages, especially to make backup copies of the software and any va luable data stored on your PC. Nero OEM Partners are liable for those damages co ncerning software purchased from OEM. VI. Reservation of proprietary rights All proprietary rights on delivered Software are reserved to Nero unless all cla ims against the End User are paid off or the cheque is cashed in. If reservation of proprietary rights is performed by Nero, the End User is no longer entitled to use the Software furthermore. All copies made of Neros Software have to be del eted completely and ultimately by the End User. VII. Duration of the agreement The agreement is concluded for an undefined period of time. By violating the pro visions about copyright and other restrictions according to II. and III. the End User is no longer entitled to use Neros Software and its accompanying items. In this case End User is obligated to resend original discs and all copies of data carriers and to erase completely and ultimately all data from End Users computer established by means of Neros Software. The observance of this agreement is condi tional for the legal use of the Software and its accompanying items. In case of violation of any obligation stipulated in this agreement by the End User, Nero i s entitled to terminate this agreement extraordinarily and immediately. VIII. Safeguard measures End User will keep the Software in safe custody and will indicate his members of household to follow the obligations stipulated in this agreement. End User will follow all relevant legal provisions, especially the laws on intellectual prope rty and copyright. IX. Disclaimer THE SOFTWARE IS DESIGNED TO ASSIST YOU IN REPRODUCING MATERIAL IN WHICH YOU OWN THE COPYRIGHT OR HAVE OBTAINED PERMISSION TO COPY FROM THE COPYRIGHT OWNER. UNLE SS YOU OWN THE COPYRIGHT OR HAVE PERMISSION TO COPY FROM THE COPYRIGHT OWNER, YO U MAY BE VIOLATING COPYRIGHT LAW AND BE SUBJECT TO PAYMENT OF DAMAGES AND OTHER REMEDIES. IF YOU ARE UNCERTAIN ABOUT YOUR RIGHTS, YOU SHOULD CONTACT YOUR LEGAL ADVISOR. YOU ASSUME FULL RESPONSIBILITY FOR THE LEGAL AND RESPONSIBLE USE OF THE SOFTWARE. X. U.S. Government Restricted Rights Any use of the Nero Software by the U.S. Government is conditioned upon the Gove rnment agreeing that the Software is subject to Restricted Rights as provided un der the provisions set forth in subdivision (c)(1)(ii) of Clause 252.227-7013 of the Defense Federal Acquisition Regulations Supplement, or the similar acquisit ion regulations of other applicable U.S. Government organizations. The Contracto r/Manufacturer is Nero AG, Im Stoeckmaedle 13,, 76307 Karlsbad, Germany. XI. Web Search Feature Nero has integrated in some of Nero' software applications a feature that enable s you to enter a search request through the Software which will provide you with search results from a variety of sources, including the World Wide Web (the Web Search Feature ). Nero and its affiliates do not and cannot guarantee the continuo us operation of this Web Search Feature. Nero reserves the right to change the f unctionality of this feature or to cease supporting or integrating such feature

into the Software without further notice to you. You acknowledge and agree that Nero and its affiliates shall not be liable for a ny delays, failures or outages relating to or arising out of use of the Web Sear ch Feature. For additional information concerning the Web Search Feature, please visit <www.nero.com>. XII. Hosting Services Nero has integrated a function into some of the Nero software applications which supports the upload, download, as well as the viewing of videos, photos, or mus ic on "hosting services" (e.g. My Nero, YouTube, My Space, Flickr, or ccMixter). Nero, its affiliated companies and service providers do not provide any guarant ee for the uninterrupted service of this function. Nero reserves the right to ch ange the functionality or to cease the support or the integration of this functi on in the software at any time without further notice. You hereby confirm that N ero and its affiliated companies do not assume any accountability for delays, er rors, or failures which concern this function or which arise as a result of usin g the function. XIII. Autobackup Function Some Nero applications have an autobackup function included that is hosted by a third party and is subject to separate terms and conditions. Nero, its affiliate d companies and service providers do not provide any guarantee for the uninterru pted service of this function. Nero reserves the right to change the functionali ty or to cease the support or the integration of this function in the software a t any time without further notice. You hereby confirm that Nero and its affiliat ed companies do not assume any accountability for delays, errors, or failures wh ich concern this function or which arise as a result of using the function. XIV. Gracenote music recognition service Some Nero software applications have the Gracenote music recognition service incl uded as a demo version, others as a full version. The complete Gracenote music re cognition service can be obtained by purchasing the Gracenote plug-in. Nero, its affiliated companies and service providers do not provide any guarantee for the uninterrupted service of this function. Nero reserves the right to change the f unctionality or to cease the support or the integration of this function in the software at any time without further notice. You hereby confirm that Nero and it s affiliated companies do not assume any accountability for delays, errors, or f ailures which concern this function or which arise as a result of using the func tion. XV. Patent Activation Some applications within Nero require third-party technologies, some of which ar e available in this edition as limited (demo) versions. Online activation is ava ilable to acquire unlimited access to these technologies. This will help ensure full functionality of the Software. Internet connection or fax equipment is requ ired for this activation. Nero will transmit and process only the data that is necessary for activating th e third-party technologies. The Software will not send any such data without your prior consent. Other than the Internet protocol address that may be considered personally ident ifiable information in some jurisdictions no personally identifiable information is provided to Nero. You won t need to provide your name or other personal information during the activ ation process. For further information please see our privacy statement available on <www.nero. com>. B. LICENSE TERMS AND CONDITIONS APPLICABLE TO SOFTWARE ACQUIRED FROM NERO O R A NERO DISTRIBUTOR The license terms and conditions applicable to Software purchased from Nero or a Nero Distributor are exactly the same as set forth in Section A above, except t hat Subsection I (Grant of license) and Subsection IV (Warranties) shall read as follows: I. Grant of license This Agreement permits you to use one copy of the Software acquired with this li

cense on any single computer, provided the Software is in use on only one comput er at any given time. If you have acquired a multiple license for the Software, then at any one time you may have in use up to as many copies of the Software as you have licenses. The Software is "in use" on a computer when it is loaded int o the temporary memory or installed into the permanent memory (e.g. hard disk, C D ROM, or other storage device) of that computer, except that a copy installed o n a network server for the sole purpose of distribution to other computers is no t considered "in use". If the anticipated number of users of the Software might exceed the authorized number of applicable licenses, then you must have a reason able mechanism or process in place to assure that the number of concurrent uses of the Software does not exceed the number of licenses. II. Warranties THE LIMITED WARRANTY SET FORTH IN THIS SECTION PROVIDES YOU WITH SPECIFIC LEGAL RIGHTS. YOU MAY HAVE ADDITIONAL RIGHTS BY LAW WHICH VARY FROM JURISDICTION TO JU RISDICTION. NERO DOES EXPLICITLY NOT INTEND TO LIMIT YOUR WARRANTY RIGHTS TO AN EXTENT NOT PERMITTED BY LAW. PLEASE SEE SECTION E. LICENSE TERMS AND CONDITIONS A PPLICABLE TO CERTAIN JURISDICTIONS FOR PROVISIONS THAT APPLY TO SPECIFIC JURISDICT IONS. Nero warrants that for a period of ninety (90) days from the date of receipt, th e Software will perform substantially in accordance with the accompanying docume ntation. Any implied warranties on the Software are limited to 90 days or the sh ortest period permitted by applicable law, whichever is greater. Nero s entire lia bility and your exclusive remedy for a breach of this warranty shall be, at Nero s sole option, either (a) return of the price paid or (b) repair or replacement o f the Software that does not meet Nero s limited warranty and that is returned to Nero with a copy of your receipt. If failure of the Software is the result of ac cident, abuse, or misapplication, this limited warranty shall be void. Any repla cement Software will be warranted for the remainder of the original warranty per iod or 30 days, whichever is longer. NERO MAKES NO OTHER WARRANTIES TO YOU IN CO NNECTION WITH THIS LICENSE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF M ERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. III. Liability for consequential damages ANY CLAIMS CONCERNING PRODUCT LIABILITY FACING NERO DUE TO REGULATION 85/374/EEC WILL BE GRANTED AND ARE NOT SUBJECT OF THIS AGREEMENT. YOU MAY HAVE ADDITIONAL RIGHTS BY LAW WHICH VARY FROM JURISDICTION TO JURISDICTI ON. NERO DOES EXPLICITLY NOT INTEND TO LIMIT YOUR LIABILITY RIGHTS TO AN EXTENT NOT PERMITTED BY LAW. PLEASE SEE SECTION E. LICENSE TERMS AND CONDITIONS APPLICAB LE TO CERTAIN JURISDICTIONS FOR PROVISIONS THAT APPLY TO SPECIFIC JURISDICTIONS. In no event shall Nero or its licensors be liable for any other damages whatsoev er (including, without limitation, damages for loss of business profits, busines s interruption, loss of business information, or other pecuniary loss) arising o ut of the use of or inability to use the Software, even if Nero has been advised of the possibility of such damages. You are required to take reasonable measure s to avoid, damages, especially to make backup copies of the software and any va luable data stored on your PC. C. LICENSE TERMS AND CONDITIONS APPLICABLE TO DOWNLOADED FREE SOFTWARE PROD UCTS AND/OR TRIAL (DEMO) VERSIONS The license terms and conditions applicable to downloaded free Software products and/or trial (demo) Versions are exactly the same as set forth in Section A abo ve, except that Subsection I (Grant of license) and Subsection IV (Warranties) a nd Subsection V (Liability for consequential damages) shall read as follows and Subsections XV (Commercial use) and XVI (Distribution of free versions) shall be added: I. Grant of license This Agreement permits you to use one copy of the Software acquired with this li cense on any single computer, provided the Software is in use on only one comput er at any given time. For the avoidance of doubt, downloading multiple Copies of the Software does not imply an extension of the license beyond usage on one sin gle computer. The Software is "in use" on a computer when it is loaded into the temporary memo

ry or installed into the permanent memory (e.g. hard disk, CD ROM, or other stor age device) of that computer. If the anticipated number of users of the Software might exceed the authorized number of licenses, then you must have a reasonable mechanism or process in place to assure that the number of concurrent uses of t he Software does not exceed the number of licenses. UNDER NO CONDITIONS MAY A FR EE DOWNLOAD BE DISTRIBUTED WITHOUT THE PRIOR WRITTEN PERMISSION OF NERO. TO REQU EST SUCH PERMISSION EMAIL: PRESS@NERO.COM. II. Warranties (a) The user is aware that it is not possible to create software programs w ith zero defects. (b) NERO MAKES NO WARRANTIES TO YOU IN CONNECTION WITH THIS FREE/TRIAL LICEN SE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNE SS FOR A PARTICULAR PURPOSE EXCEPT THOSE WARRANTIES INDISPENSABLE BY LAW. III. Liability for consequential damages ANY CLAIMS CONCERNING PRODUCT LIABILITY FACING NERO DUE TO REGULATION 85/374/EEC WILL BE GRANTED AND ARE NOT SUBJECT OF THIS AGREEMENT. Nero is liable for damages due to lack of property, especially for violating thi rd party copyrights. Nero does not accept liability for any offences against thi s agreement caused by negligence, except from offences that caused physical inju ry. IV. Commercial use Free and trial (demo) versions of the Software are offered solely for personal, non-commercial use. Any distribution, purchase, sale delivery or utilization in combination with any product or service to a third party or other commercial or business purposes is expressly prohibited unless such right is specifically expl icitly granted by Nero in writing. V. Distribution This license does not grant you the right to sublicense or distribute the Softwa re in any form if not expressly granted by Nero in writing. D. LICENSE TERMS AND CONDITIONS APPLICABLE TO SOFTWARE PROVIDED WITHIN A NE RO BETA PROGRAM THE LICENSE TERMS AND CONDITIONS APPLICABLE TO SOFTWARE PROVIDED WITHIN A NERO B ETA PROGRAM ARE EXACTLY THE SAME AS SET FORTH IN SECTION A ABOVE, EXCEPT THAT IF THIS SOFTWARE IS DISTRIBUTED AS PART OF A NERO BETA PROGRAM THEN THE TERMS OF T HE NERO BETA PARTICIPANT AGREEMENT, WHETHER OR NOT SIGNED BY BETA PARTICIPANT, W ILL OVERRIDE ANY CONFLICTING TERMS IN THIS END USER LICENSE AGREEMENT. FOR AVOIDANCE OF DOUBT IT IS EXPRESSLY STATED THAT USE OF ANY BETA SOFTWARE IS A T YOUR OWN RISK. IF YOU HAVE ANY QUESTIONS ABOUT WHETHER YOUR USE OF THE SOFTWARE IS SUBJECT TO T HE TERMS OF THE NERO BETA PARTICIPANT AGREEMENT THEN PLEASE CHECK WITH THE PARTY THROUGH WHOM THE SOFTWARE WAS OBTAINED E. LICENSE TERMS AND CONDITIONS APPLICABLE TO CERTAIN JURISDICTIONS THIS SECTION SETS FORTH SPECIFIC PROVISIONS APPLICABLE TO CERTAIN JURISDICTIONS. IF ANY PROVISION IN THIS SECTION IS IN CONFLICT WITH ANY OTHER TERM OR CONDITION IN THIS AGREEMENT, THE REGULATIONS AS SET FORTH IN THIS SECTION SHALL APPLY. THIS SHALL NOT APPLY IN CASE OF CONFLICTS WITH SECTIONS C OR D OF THIS AGREEMENT I. Provisions applicable in the European Union If you are a consumer residing in a country that is part of the European union ( EU) and obtained the Software in such country, the license terms and conditions applicable to your jurisdiction are exactly the same as set forth in the applica ble Section A or B above, except that Sections A.IV. or B.II. ( Warranties ) shall r ead as follows: II. Warranties (a) Defects in the Software supplied including the manuals and other documen tation shall be corrected by Nero within the warranty period of two years from d elivery following appropriate notification by the user. This shall take the form of rectification of defects or replacement delivery at the user's choice. (b) Should Nero not be prepared or able to effect this rectification or repl acement delivery, or should this take longer than a suitable deadline set by the

user or fail for other reasons, the user shall be entitled to withdraw from the Contract or to demand that the sale be canceled or the purchased price reduced. Failure to rectify the defects or effect replacement delivery shall only be ass umed if Nero has been afforded ample opportunity to effect the rectification or replacement delivery without the desired success being achieved, if the rectific ation or replacement delivery is not possible or if it is refused or unacceptabl y delayed by Nero, or if the rectification of defects has already been performed unsuccessfully twice. The right of the user to demand compensation under 437 of the German Civil Code remains unaffected. (c) The user is aware that it is not possible to create software programs wi th zero defects. Nero shall only warrant against software defects that significa ntly reduce the Software's value or suitability for use as stipulated in the con tract. (d) It is the responsibility of the user to determine the destination for us e of the software and to select the suitable hardware/computer types. Nero shall not be liable for this. (e) Unless otherwise specified in section Liability for consequential damages , Nero shall only be liable for damage to the Software supplied itself; in partic ular Nero shall accept no liability for loss of data or other indirect losses. If failure of the Software is the result of accident, abuse, or misapplication, this warranty shall be void. Any replacement Software will be warranted for the remainder of the original warranty. NERO MAKES NO WARRANTIES TO YOU IN CONNECTIO N WITH IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOS E. III. Provisions applicable in Germany and Austria If you are a consumer residing in either Germany or Austria and obtained the Sof tware in such country, the license terms and conditions applicable to your juris diction are exactly the same as set forth in the applicable Section A. or B. abo ve, except that Sections A.V. or B.III ( Liability for consequential damages ) shall read as follows: IV. Liability for consequential damages Nero will only be liable up to the amount of damages as typically foreseeable at the time of entering into the agreement in respect of damages caused by a sligh tly negligent breach of a material contractual obligation and will not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation while any of the above limitations will not apply to any statutory l iability such as liability under the German Product Liability Act ( Produkthaftung sgesetz ) or liability for culpably caused personal injuries. F. F. LICENSE TERMS AND CONDITIONS APPLICABLE TO SOFTWARE PROVIDED WITHIN A NERO FAMILY PACK The license terms and conditions applicable to Software products obtained as par t of a Nero Family Pack are exactly the same as set forth in Section A above, ex cept that Subsection I ( Grant of license ) shall read as follows and Subsections II . ( Commercial use ) and III. ( Restrictions of Family Pack Licenses ) shall be added: I. Grant of license

This agreement permits you to use one copy of the software acquired with this li cense on any single computer in your household, provided the software is in use on only one computer at any given time. If you have acquired a multiple license for the software, then at any one time you may have in use up to as many copies of the software in your household as you have licenses. The software is "in use" on a computer when it is loaded into the temporary memo ry or installed into the permanent memory (e.g. Hard disk, cd rom, or other stor age device) of that computer. If the anticipated number of users of the softwar e might exceed the authorized number of licenses, then you must have a reasonabl e mechanism or process in place to assure that the number of concurrent uses of the software does not exceed the number of licenses. II. Commercial use Family Pack versions of the Software are offered solely for personal, non-commer

cial use. Any distribution, purchase, sale delivery or utilization in combinatio n with any product or service to a third party or other commercial or business p urposes is expressly prohibited. III. Restrictions of Family Pack Licenses Family Pack versions of the Software are only transferable in accordance with Se ction A. III if such transfer is done with all licenses obtained as part of a Ne ro Family Pack. Licenses obtained with a Nero Family Pack can not be tranferred seperately. G. TERMS AND CONDITIONS APPLICABLE TO ALL LICENSES I. Third Party Disclaimer and Limitations 1. WM-DRM: WM-DRM: Content providers are using the Microsoft digital rights management tech nology for Windows Media ( WM-DRM ) to protect the integrity of their content ( Secure Content ) so that their intellectual property, including copyright, in such conte nt is not misappropriated. Portions of this Software and other third party appli cations ( WM-DRM Software ) use WM-DRM to transfer or play Secure Content. If the WM -DRM Software s security has been compromised, owners of Secure Content ( Secure Con tent Owners ) may request that Microsoft revoke the WM-DRM Software s right to copy, display, transfer and/or play Secure Content. Revocation does not alter the WMDRM Software s ability to play unprotected content. A list of revoked WM-DRM Softw are is sent to your computer whenever you download a license for Secure Content from the Internet. Microsoft may, in conjunction with such license, also downloa d revocation lists onto your computer on behalf of Secure Content Owners. Secure Content Owners may also require you to upgrade some of the WM-DRM components di stributed with this Software ( WM-DRM Upgrades ) before accessing their content. Whe n you attempt to play such content, WM-DRM Software built by Microsoft will noti fy you that a WM-DRM Upgrade is required and then ask for your consent before th e WM-DRM Upgrade is downloaded. WM-DRM Software used by third parties may do the same. If you decline the upgrade, you will not be able to access content that r equires the WM-DRM Upgrade; however, you will still be able to access unprotecte d content and Secure Content that does not require the upgrade. 2. MPEG-2: If the product you purchased was provided as "MPEG-2 Royalty Product" the follow ing applies: MPEG-2 ROYALTY PRODUCT. ANY USE OF THIS PRODUCT OTHER THAN CONSUMER PERSONAL USE IN ANY MANNER THAT COMPLIES WITH THE MPEG-2 STANDARD FOR ENCODING VIDEO INFORMA TION FOR PACKAGED MEDIA IS EXPRESSLY PROHIBITED WITHOUT A LICENSE UNDER APPLICAB LE PATENTS IN THE MPEG-2 PATENT PORTFOLIO, WHICH LICENSE IS AVAILABLE FROM MPEG LA L.L.C., 250 STEELE STREET, SUITE 300, DENVER, COLORADO 80206. OTHER THIRD-PAR TY LICENSES INCLUDED ONLY IF GRANTED IN WRITTEN. If the product you purchased was not provided as "MPEG-2 Royalty Product" the fo llowing applies: MPEG-2 INTERMEDIATE PRODUCT. USE OF THIS PRODUCT IN ANY MANNER THAT COMPLIES WIT H THE MPEG-2 STANDARD IS EXPRESSLY PROHIBITED WITHOUT A LICENSE UNDER APPLICABLE PATENTS IN THE MPEG-2 PATENT PORTFOLIO, WHICH LICENSE IS AVAILABLE FROM MPEG LA , L.L.C., 250 STEELE STREET, SUITE 300, DENVER, COLORADO 80206. OTHER THIRD-PART Y LICENSES INCLUDED ONLY IF GRANTED IN WRITTEN. 3. MPEG-4: Use of this product in any manner that complies with the MPEG-4 Visual Standard is prohibited, except for use by a consumer engaging in personal and non-commerc ial activities. 4. MP3 and mp3PRO: Supply of this product only conveys a license for private, non-commercial use an d does not convey a license nor imply any right to use this product in any comme rcial (i.e. revenue-generating) real time broadcasting (terrestrial, satellite, cable and/or any other media), broadcasting / streaming via Internet, intranets and/or other networks or in other electronic content distribution systems, such as pay-audio or audio-on-demand applications. An independent license for such us e is required. For details, please visit <www.mp3licensing.com>. 5. Dolby:

Supply of this implementation of Dolby Technology does not convey a license nor imply a right under any patent, or any other industrial or intellectual property right of Dolby Laboratories, to use this implementation in any finished end-use r or ready-to-use final product. It is hereby notified that a license for such u se is required from Dolby Laboratories. Confidential information - Limited distribution to authorized persons only. This Dolby Software is protected under U.S. copyright laws as an unpublished work. T hey are confidential and proprietary to Dolby Laboratories. Their reproduction o r disclosure, in whole or in part, or the production of derivative works therefr om without the express permission of Dolby Laboratories is prohibited. Do not co py. Copyright 1992-1999 Dolby Laboratories, Inc. All rights reserved 6. aac: The aac Plug-In is using the MP4 file format I/O library. This library is availa ble under MPL from <www.mpeg4ip.net>. aacPlus developed by Coding Technologies ( C T ). <www.codingtechnologies.com> Trademarks of CT are the property of CT. II. Embedded Software You acknowledge that the Software licensed hereunder contains third party compon ents that are licensed pursuant to its own terms and conditions ("Embedded Softw are"), as specified below. A copy or location of the licenses associated with su ch Embedded Software is provided below. NOTWITHSTANDING ANYTHING ELSE TO THE CON TRARY IN THIS AGREEMENT, EMBEDDED SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS AS IS AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT L IMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULA R PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE FOUNDATION OR CONTRIBUTORS BE LI ABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVI CES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INC LUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWA RE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE." 1. OpenSSL License: Open SSL is copyright 1998-2005 The OpenSSL Project. All rights reserved. Redist ribution and use of Open SSL in source and binary forms, with or without modific ation, are permitted provided that the following conditions are met: 1. Redistri butions of Open SSL source code must retain the above copyright notice, this lis t of conditions and the following disclaimer. 2. Redistributions of Open SSL in binary form must reproduce the above copyright notice, this list of conditions a nd the following disclaimer in the documentation and/or other materials provided with the distribution. 3. All advertising materials mentioning features or use of the Open SSL software must display the following acknowledgment: "This produc t includes software developed by the OpenSSL Project for use in the OpenSSL Tool kit. (<http://www.openssl.org/>)" 4. The names "OpenSSL Toolkit" and "OpenSSL Pr oject" must not be used to endorse or promote products derived from this softwar e without prior written permission. For written permission, please contact opens sl-core@openssl.org. 5. Products derived from this software may not be called "O penSSL" nor may "OpenSSL" appear in their names without prior written permission of the OpenSSL Project. 6. Redistributions of any form whatsoever must retain t he following acknowledgment: "This product includes software developed by the Op enSSL Project for use in the OpenSSL Toolkit (<http://www.openssl.org/>)". Open SSL TOOLKIT IS PROVIDED BY THE OpenSSL PROJECT AS IS AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABI LITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE OpenSSL PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENT AL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 2. PuTTY:

Nero BackItUp uses PuTTY to transfer data over SSH. PuTTY is copyright 1997-2005 Simon Tatham. Portions of PuTTY are copyright Robert de Bath, Joris van Rantwij k, Delian Delchev, Andreas Schultz, Jeroen Massar, Wez Furlong, Nicolas Barry, J ustin Bradford, Ben Harris, Malcolm Smith, Ahmad Khalifa, Markus Kuhn, and CORE SDI S.A. Permission is hereby granted, free of charge, to any person obtaining a copy of PuTTY and associated documentation files (the "Software"), to deal in t he Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, sub ject to the following conditions: PuTTY IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF ME RCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL SIMON TATHAM BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECT ION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. 3. AES: AES software used in Nero BackItUp is copyright 2002, Dr Brian Gladman, Worceste r, UK. All rights reserved. The free distribution and use of AES software in bot h source and binary form is allowed (with or without changes) provided that: 1. Distributions of the AES source code include the above copyright notice, this li st of conditions and the following disclaimer; 2. Distributions in binary form i nclude the above copyright notice, this list of conditions and the following dis claimer in the documentation and/or other associated materials; 3. The copyright holder's name is not used to endorse products built using the AES software with out specific written permission. AES software is provided 'as is' with no explic it or implied warranties in respect of its properties, including, but not limite d to, correctness and/or fitness for purpose. The AES source code can be fetched from <http://fp.gladman.plus.com>. 4. 7zip: This library is free software; you can redistribute it and/or modify it under th e terms of the GNU Lesser General Public License as published by the Free Softwa re Foundation; either version 2.1 of the License, or (at your option) any later version. This library is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU Lesser General Public License for more details. <http://www.7-zip.org/license.txt> In order to comply with the terms and conditions of certain Embedded Software, y ou may download the source code of the 7zip library from <http://www.nero.com/li nk.php?topic_id=7106>. 5. NeVP6DecLib: NeVP6DecLib is derived from FFmpeg sources. FFmpeg is a trademark of Fabrice Bel lard (originator of the FFmpeg project - FFmpeg project, <http://ffmpeg.mplayerh q.hu>) NeVP6DecLib is licensed under the Lesser GNU Lesser General Public License. GNU Lesser General Public, Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA and you can distribute it and/or modify it und er the terms of such license. In order to comply with the terms and conditions of certain Embedded Software, y ou may download the source code of the NeVP6DecLib library from <http://www.nero .com/link.php?topic_id=7107>. 6. Gracenote music recognition service: This application contains software from Gracenote, Inc. of Emeryville, Californi a ("Gracenote"). The software from Gracenote (the "Gracenote Client") enables th is application to do online disc identification and obtain music-related informa tion, including name, artist, track, and title information ("Gracenote Data") fr om online servers ("Gracenote Servers") and to perform other functions. You may use Gracenote Data only by means of the intended End-User functions of this appl ication software. You agree that you will use Gracenote Data, the Gracenote Client, and Gracenote

Servers for your own personal non-commercial use only. You agree not to assign, copy, transfer or transmit the Gracenote Client or any Gracenote Data to any thi rd party. YOU AGREE NOT TO USE OR EXPLOIT GRACENOTE DATA, THE GRACENOTE CLIENT, OR GRACENOTE SERVERS, EXCEPT AS EXPRESSLY PERMITTED HEREIN. You agree that your non-exclusive license to use the Gracenote Data, the Graceno te Client, and Gracenote Servers will terminate if you violate these restriction s. If your license terminates, you agree to cease any and all use of the Graceno te Data, the Gracenote Client, and Gracenote Servers. Gracenote reserves all rig hts in Gracenote Data, the Gracenote Client, and the Gracenote Servers, includin g all ownership rights. You agree that Gracenote, Inc. may enforce its rights un der this Agreement against you directly in its own name. The Gracenote Service uses a unique identifier to track queries for statistical purposes. The purpose of a randomly assigned numeric identifier is to allow the Gracenote service to count queries without knowing anything about who you are. F or more information, see the web page for the Gracenote Privacy Policy for the G racenote Service. By using the software, you agree that the Gracenote software may submit a wavefo rm signature to Gracenote. A waveform signature is a distillation of the sound-w ave information in the music itself and helps the Gracenote service to identify artist and title information for digital music files. A waveform signature does not contain any information about you or your computer, and computing the wavefo rm signature should have no noticeable effect on the performance of your compute r. For more information, see the FAQ (Frequently Asked Questions) page, and the Privacy Policy for the Gracenote Service. The Gracenote Client and each item of Gracenote Data are licensed to you "AS IS. " Gracenote makes no representations or warranties, express or implied, regardin g the accuracy of any Gracenote Data from in the Gracenote Servers. Gracenote re serves the right to delete Data from the Gracenote Servers or to change Data cat egories for any cause that Gracenote deems sufficient. No warranty is made that the Gracenote Client or Gracenote Servers are error-free or that functioning of Gracenote Client or Gracenote Servers will be uninterrupted. Gracenote is not ob ligated to provide you with any new enhanced or additional Data types or categor ies that Gracenote may choose to provide in the future and is free to discontinu e its online service at any time. GRACENOTE DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITE D TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, T ITLE, AND NON-INFRINGEMENT. GRACENOTE DOES NOT WARRANT THE RESULTS THAT WILL BE OBTAINED BY YOUR USE OF THE GRACENOTE CLIENT OR ANY GRACENOTE CDDB SERVER. IN NO CASE WILL GRACENOTE BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FO R ANY LOST PROFITS OR LOST REVENUES. CD and music-related data from Gracenote, Inc., copyright 2000-2008 Gracenote. G racenote Software, copyright 2000-2008 Gracenote. This product and service may p ractice one or more of the following U.S. Patents: #5,987,525; #6,061,680; #6,15 4,773, #6,161,132, #6,230,192, #6,230,207, #6,240,459, #6,330,593, and other pat ents issued or pending. Some services supplied under license from Open Globe, In c. for U.S. Patent: #6,304,523 Gracenote and CDDB are registered trademarks of Gracenote. The Gracenote logo an d logotype, and the "Powered by Gracenote" logo are trademarks of Gracenote. For more information, please visit <www.gracenote.com>. 7. Microsoft Redistributable Software Components: Some of the Software products that are object of this agreement may contain redi stributable update packages of Microsoft Corporation. Those update packages are for example, but not limited to, Windows6.0-KB843524-ia64.msu, Windows6.0-KB8435 24-x64.msu, and Windows6.0-KB843524-x86.msu. The license granted to you hereunde r is a non-exclusive, royalty-free, non-transferable, non-assignable, revocable, limited, fully paid-up license to use and reproduce the Redistributable Softwar e Component solely for your personal and internal business operations. With inst alling those components to your system you agree that you own a validly licensed copy of the Licensed Product for which the Redistributable Software Component a pplies. All other provisions of this agreement also apply to Microsoft Redistrib

utable Software Components. Copyright 2008 Microsoft Corporation. All rights reserved. III. Governing Law If any dispute shall arise pursuant to any provision of this Agreement, the plai ntiff must choose place of performance or residence of the defendant as place of jurisdiction. If any term or provision of this Agreement shall be declared inva lid in arbitration or by a court of competent jurisdiction, such invalidity shal l be limited solely to the specific term or provision invalidated, and the remai nder of this Agreement shall remain in full force and effect, according to its t erms. Any provision declared invalid shall be modified to the legal provisions. Copyright 1996-2011 Nero AG and its licensors. All rights reserved. Portions of the Software utilize Microsoft Windows Media Technologies. Copyright 1999-2002. Microsoft Corporation. All Rights Reserved. This product contains po rtions of imaging code owned by Pegasus Software LLC, Tampa, FL (<WWW.PEGASUSTOO LS.COM>). Virus-checker is copyright by Igor Daniloff, 1992-2008. 7-Zip Copyrigh t 1999-2008 Igor Pavlov. Nero, Nero BackItUp, Nero BackItUp &Burn, Nero BurningROM, Nero Digital, Nero Ex press, Nero ImageDrive, Nero Kwik Media, Nero LiquidTV, Nero MediaHome, Nero Med ia Streaming, Nero Move It, Nero Music2Go, Nero PhotoDesigner, Nero PhotoSnap, N ero Recode, Nero RescueAgent, Nero Simply Enjoy, Nero StartSmart, Nero Surround , Nero Video, Nero Vision, Nero Vision Xtra, Burn-At-Once, LayerMagic, Liquid M edia, the SecurDisc logo, Smart Detect, Smooth Play and UltraBuffer are common l aw trademarks or registered trademarks of Nero AG. Manufactured under license from Dolby Laboratories. Dolby, Pro Logic, and the do uble-D symbol are registered trademarks of Dolby Laboratories, Inc. . Confidenti al unpublished works. Copyright 2011 Dolby Laboratories. All rights reserved. Ma nufactured under license under U.S. Patents: 5,451,942; 5,956,674; 5,974,380; 5, 978,762; 6,487,535 and other U.S. and worldwide patents issued & pending. DTS an d the DTS symbol are registered trademarks and DTS Digital Surround and the DTS logos are trademarks of DTS, Inc. DTS, Inc. All Rights Reserved. AVCHD and AVCHD Lite are trademarks of Sony Corporation and Panasonic Corporation. Facebook is a registered trademark of Facebook, Inc. Yahoo! and Flickr are registered tradem arks of Yahoo! Inc. My Space is a trademark of MySpace, Inc., Google, Android a nd YouTube are trademarks of Google, Inc. Apple, Apple TV, iTunes, iTunes Store, iPad, iPod, iPod touch, iPhone, Mac and QuickTime are trademarks of Apple Inc. registered in the U.S and other countries. Blu-ray Disc, Blu-ray, Blu-ray 3D, BD -Live, BONUSVIEW, BDXL, AVCREC and the logos are trademarks of the Blu-ray Disc Association. Bluetooth is a trademark owned by Bluetooth SIG, Inc. The USB logo is a trademark of Universal Serial Bus Implementers Corporation. ActiveX, Active Sync, Aero, Authenticode, DirectX, DirectShow, Internet Explorer, Microsoft, MSN , Outlook, Windows, Windows Mail, Windows Media, Windows Media Player, Windows Mobile, Windows.NET, Windows Server, Windows Vista, Windows XP, Windows 7, Xbox , Xbox 360, PowerPoint, Visual C++, the Windows Vista start button, and the Win dows logo are trademarks or registered trademarks of Microsoft Corporation in th e United States and other countries. FaceVACS and Cognitec are either registered trademarks or trademarks of Cognitec Systems GmbH. DivX and DivX Certified are registered trademarks of DivX, Inc. DVB is a registered trademark of the DVB P roject. NVIDIA, GeForce, ForceWare, and CUDA are trademarks or registered trade marks of NVIDIA. Sony, Memory Stick, PlayStation, and PSP are trademarks or reg istered trademarks of Sony Corporation. HDV is a trademark of Sony Corporation and Victor Company of Japan, Limited (JVC). 3GPP is a trademark of European Tele communications Standards Institute (ETSI) Adobe, Acrobat, Reader, Premiere, AIR , and Flash are trademarks or registered trademarks of Adobe Systems, Incorporat ed. AMD Athlon, AMD Opteron, AMD Sempron, AMD Turion, ATI Catalyst, ATI Radeon, ATI, Remote Wonder, and TV Wonder are trademarks or registered trademarks of Ad vanced Micro Devices, Inc. Linux is a registered trademark of Linus Torvalds. CompactFlash is a registered trademark of SanDisk Corporation. UPnP is a registe red trademark of UPnP Implementers Corporation. Ask and Ask.com are registered trademarks of IAC Search & Media. IEEE is a registered trademark of The Institut

e of Electrical and Electronics Engineers, Inc. Philips is a registered trademar k of Koninklijke Philips Electronics.N.V. InstallShield is a registered trademar k of Macrovision Corporation. Unicode is a registered trademark of Unicode, Inc. AVCHD and AVCHD Lite are trademarks of Sony Corporation and Panasonic Corporati on. Check Point is a registered trademark of Check Point Software Technologies L td. Labelflash is a trademark of Yamaha Corporation LightScribe is a registered trademark of the Hewlett-Packard Development Company, L.P. Intel, Intel Core, I ntel XScale and Pentium are trademarks or registered trademarks of Intel Corpora tion in the U.S. and/or other countries. MP3 SURROUND, MP3PRO and their logos a re trademarks of Thomson S.A. Other product and brand names may be trademarks of their respective owners. This product is furnished under U.S. and foreign paten ts owned and licensed by AT&T Corp. Nero reserves the right to change specifications without notice. Use of this pro duct is subject to the acceptance of the End User license agreement upon install ation of the Software. <www.nero.com>. If you have any questions concerning this Agreement, please contact us via legal@nero.com. 1999-2011 Nero AG . All rights reserved.