END USER LICENSE AGREEMENT

This license applies to the software product Total Recall, including all associated media and printable, electronic or on-line documentation (the "Software").

You should carefully read the following terms and conditions before using the Software. Your downloading, accessing, or use of the Software indicates your acceptance of this End User License Agreement (the “License”).

The purpose of this License is to set out the terms under which Upper Hand Software LLC and its licensees (collectively "Licensors") are licensing the Software to you for your use.

Intellectual Property Rights

Subject to your compliance with the terms and conditions of this License, Licensors grant you a limited, non-exclusive, non-transferable right to install and use the Software in your operating environment(s) with third-party products or software. Licensors own, or have the right to exercise, all rights in the Software. Nothing contained in this License grants or confers any rights in the Software by license or otherwise, expressly or by implication, except the express limited rights set forth herein.

The Software is protected by patent, copyright laws and international copyright treaties, and/or other intellectual property laws and treaties. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, decompile, disassemble or create derivative works based on the Software or its selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Software.

Notice of Legal Use

This application is designed to enhance the productivity of the device(s) the application(s) is installed on. Your use and or purchase of the aforementioned applications is your acceptance of our policy to only use the application(s) in a legal fashion, to obey your local laws, and your acknowledgment that you are aware of your local laws regarding each application's use. If you are in doubt, please contact your local law enforcement agency, or local legal counsel. Installation of Total Recall, Tracer or SecureMe must only be performed on device(s) for which you are the rightful owner, and under no circumstances are to be installed on a third party device, or a device for which you are not the owner.

Killer Mobile Software LLC will not be held responsible and accepts no liability for any unlawful or illicit use of any of it's applications, and will use any technique available to prevent continued unlawful use including deactivation of the license or the remote web account where any data may be stored in the event a complaint is received. Legitimate use can include: Device Anti-Theft & Security, Employee Activity Tracking, Data Backup, Call Recording (where and when legal - consult your local one and two party recording laws) and Law Enforcement use.

Disclaimer of Warranty

The Software is provided as is, and LICENSORS disclaim any and all representations or warranties of any kind, whether expressed or implied, made with respect to it, including (without limitation) any implied warranties of merchantability or fitness for a particular purpose.

Limitation of Liability

LICENSORS shall have no Liability to YOU or any other individual or entity connected with YOU for any claim, loss, or damage of any kind or nature whatsoever arising out of or in connection with the performance of this LICENSE or arising out of or in connection with (1) the deficiency or inadequacy of the software for any purpose, whether or not known or disclosed to YOU; (2) the use or performance of the software or any files, data, or computer systems related thereto or used in connection therewith; (3) any interruption or loss of service or use of the software, or any files, data, or other computer systems; (4) any software failure; or (5) any loss of profits, sales, business, or other incidental, consequential, or special loss or damage of any kind or nature resulting from the forEgoing.

Licensors do not warrant that the Software will meet your requirements or that the use or operation thereof will be uninterrupted or error-free.

Term

This License will continue in effect for as long as you use the Software or until terminated by Licensors in their sole discretion, whichever is sooner. Following termination of this License for any reason, the provisions of this License with respect to warranties, limitation of liability and limited use of the Software will survive.

Miscellaneous

This License supersedes all previous agreements between the parties regarding the License and cannot be cancelled, assigned or modified except by the written agreement of both parties. This Agreement will be governed by and construed using United States law, without giving effect to United States conflict of law provisions or to constructive presumptions favoring either party. Any failure by Licensors to enforce or exercise any provision of this License or related right shall not constitute a waiver of that right or provision.

If any legal action is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled.

Do you accept all of the terms of the preceding End User License Agreement? If you choose “NO,” you will not be able to proceed. To view the Total Recall Software, you must accept this License.