End User License Agreement

This End User License Agreement ("EULA") is a binding contract between you and Transcend Technologies, Inc., a Delaware corporation doing business as "VirtualDrive" ("VirtualDrive," "we," or "us"), with offices at 300 Delaware Ave, Suite 210 #426, Wilmington, DE 19801, USA, governing your installation and use of the Software. By installing, copying, downloading, accessing, or otherwise using the Software, you agree to be bound by this EULA. If you do not agree, do not install or use the Software.

Subject to your compliance with this EULA and our Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to:

• Install and run the Software on devices you own or control;
• Use the Software solely for your personal or internal business purposes; and
• Access the VirtualDrive cloud service through the Software in accordance with these Terms.

All rights not expressly granted are reserved. No license is granted to you by implication, estoppel, or otherwise.

You will not, and will not permit any third party to:

• Copy, modify, adapt, translate, or create derivative works of the Software, except as expressly permitted by law;
• Reverse engineer, decompile, disassemble, or attempt to derive source code, algorithms, or trade secrets from the Software, except to the extent this restriction is prohibited by applicable law (and only to that extent);
• Sell, rent, lease, lend, transfer, sublicense, distribute, host as a service, or otherwise make the Software available to any third party;
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices on or in the Software;
• Use the Software to develop, train, or improve a competing product, machine-learning model, dataset, or service;
• Circumvent or attempt to circumvent any technical protection measures, license keys, rate limits, watermarks, or usage controls;
• Use the Software to violate law, infringe rights, distribute malware, or otherwise breach our Acceptable Use Policy.

The Software is licensed, not sold. VirtualDrive and its licensors retain all right, title, and interest in and to the Software, including all copyrights, patents, trademarks, trade secrets, and other intellectual property rights. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

We may provide automatic updates, patches, hotfixes, and upgraded versions ("Updates") of the Software. Some Updates are required for continued use and may add, change, or remove features. You consent to the automatic download and installation of Updates. We may also designate certain features as "beta," "preview," or "alpha"; those features are provided as-is, may be discontinued at any time, and additional disclaimers and confidentiality obligations may apply.

Your use of the Software involves the collection and use of personal information and diagnostic data as described in our Privacy Policy. The Software may require permissions on your device (camera, photos, files, notifications, background processing, biometrics) to provide its features; you may grant or deny these permissions in your device settings, and some features may not function without them.

The Software may include or interoperate with third-party open-source or commercially licensed components ("Third-Party Components"). A notice describing material Third-Party Components and the applicable license terms is available within the Software's About / Open Source Notices screen. Third-Party Components are licensed under their own terms, which control to the extent of any conflict with this EULA.

If you obtained the Software from the Apple App Store, the following additional terms apply and prevail in case of conflict with any other provision:

• Acknowledgement: this EULA is between you and VirtualDrive only, not with Apple Inc. ("Apple"). VirtualDrive — not Apple — is solely responsible for the Software and its content.
• Scope of License: the license granted is limited to a non-transferable license to use the Software on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms.
• Maintenance and Support: VirtualDrive is solely responsible for any maintenance and support services. Apple has no obligation to furnish any maintenance or support services with respect to the Software.
• Warranty: if the Software fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Software to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Software.
• Product Claims: VirtualDrive (and not Apple) is responsible for addressing any claims relating to the Software or your use of it, including: (i) product-liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer-protection, privacy, or similar legislation.
• Intellectual Property: in the event of any third-party claim that the Software or your use of it infringes that third party's intellectual property rights, VirtualDrive (not Apple) will be solely responsible for investigation, defense, settlement, and discharge of such claim, to the extent required by this EULA.
• Legal Compliance: you represent and warrant that (i) you are not located in a country subject to U.S. government embargo or designated by the U.S. government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.
• Third-Party Beneficiary: you and VirtualDrive acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of this EULA, and that, upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary.

If you obtained the Software from Google Play, your use is also subject to the Google Play Terms of Service. Google Inc. is not a party to this EULA and is not responsible for the Software. To the extent any term of this EULA is inconsistent with the Google Play Terms of Service, the Google Play Terms of Service control only to the extent necessary to remove the inconsistency. You agree to comply with all applicable Google Play Usage Rules.

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIRTUALDRIVE DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ACCURATE, ERROR-FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VIRTUALDRIVE OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR AGGREGATE LIABILITY UNDER THIS EULA IN ANY TWELVE-MONTH PERIOD WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID FOR THE SOFTWARE DURING THAT PERIOD OR (B) ONE HUNDRED U.S. DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN THOSE JURISDICTIONS OUR LIABILITY IS LIMITED TO THE SMALLEST EXTENT PERMITTED BY LAW.

This EULA is effective until terminated. Your rights will terminate automatically without notice if you fail to comply with any term. Upon termination, you must cease all use of the Software and delete all copies in your possession or control. Sections 3, 4, 6, 7, 10, 11, 13, 14, 15, and 16 survive termination.

The Software may be subject to U.S. and other export-control laws. You will comply with all such laws and will not export, re-export, transfer, or release the Software to any country, person, or entity prohibited by U.S. or other applicable export-control laws or sanctions. You represent that you are not located in, under the control of, or a national or resident of any sanctioned country, and that you are not on any restricted-party list.

The Software is "commercial computer software" and "commercial computer software documentation" as those terms are used in 48 C.F.R. §12.212 and 48 C.F.R. §227.7202. Consistent with these provisions, the Software is licensed to U.S. government end users only as commercial items and with only those rights granted to all other end users under this EULA.

This EULA is governed by the laws of the State of Delaware, United States, without regard to conflict-of-laws principles. Disputes are subject to the dispute-resolution, arbitration, and class-waiver provisions of our Terms of Service, which are incorporated by reference. Nothing in this EULA limits any non-waivable rights you have under the mandatory law of your country of residence.

• Entire agreement: this EULA, the Terms of Service, and the Privacy Policy are the entire agreement regarding the Software.
• Severability: if any provision is unenforceable, the rest remains in effect.
• No waiver: failure to enforce a provision is not a waiver.
• Assignment: you may not assign this EULA without our prior written consent; we may assign it freely.
• Notices: we may provide notices in-product or by email; you may send notices to support@virtualdrive.us.
• Changes: we may update this EULA. Material changes will be communicated with reasonable notice; continued use after the effective date constitutes acceptance.

Questions about this EULA? Reach us at:

Transcend Technologies, Inc. (DBA "VirtualDrive") 300 Delaware Ave, Suite 210 #426 Wilmington, DE 19801, USA

Phone: +1 (917) 438-7005 Legal & Support: support@virtualdrive.us Corporate: support@transcendtechnologysolutions.com Web: virtualdrive.us/contact