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LICENSE AGREEMENT FOR RECOVER4ALL PROFESSIONAL SOFTWARE PROGRAM
IMPORTANT NOTICE TO USER - PLEASE READ CAREFULLY
Please read the following terms and conditions carefully because they will apply to Your use of both the unregistered and registered versions of the software program Recover4all(tm) Professional and constitute a legally binding license agreement between You and Advanced Utilities GmbH, P.O. Box 420 327, 68282 Mannheim, Germany ("Licensor"). If You agree to be bound by all the terms of this license agreement, please select "I accept the License Agreement" below and then click the "Start" button. If You do not agree to this license agreement, please click the "Exit" button below to close the program. If You do not agree to the license agreement, You will not be permitted to use the Software.
1. DEFINITIONS.
For purposes of this license agreement, certain capitalized terms, not otherwise defined herein, have the following meanings:
1.1 "Evaluation Period" means the period beginning upon Your acceptance of this license agreement and ending on the date which is six (6) months after the Version Release Date.
1.2 "Registered Software" means Licensor's proprietary software entitled Recover4all(tm) Professional, including, but not limited to, any images, photographs, animations and documentation incorporated into the program, with all features enabled. The Unregistered Software can be converted into the Registered Software with a "Registration Key."
1.3 "Registration Key" means the alphanumerical code that can be used to convert the Unregistered Software into the Registered Software.
1.4 The "Software" means collectively the Unregistered Software and the Registered Software.
1.5 "Unregistered Software" means the feature-limited version of Licensor's proprietary software entitled Recover4all(tm) Professional which accompanies this license agreement, including, but not limited to, any images, photographs, animations and documentation incorporated into the program. You are working with the Unregistered Software, if the text "Program is unregistered" is displayed when choosing "About the program..." in the "Help" menu.
1.6 The "Version Release Date" of the version of the Software accompanied by this license agreement is July 15, 2002.
1.7 The terms "You," "Your" and "Yourself" mean either an individual, natural person or an organization who or which agrees to be bound by the terms and conditions of this license agreement by clicking the appropriate button below.
1.8 "Registered End User" means every individual who is registered by Licensor to use the Registered Software in accordance with the terms and conditions set forth in this license agreement.
1.9 "Authorized End User" means every individual who is not registered by Licensor but who is allowed to use the Registered Software in accordance with the terms and conditions set forth in this license agreement on a computer where the Registration Key is saved or in a network where a special Server Registration Key is saved.
2. UNREGISTERED SOFTWARE LICENSE.
2.1 License Grant. Subject to Your acceptance of, and compliance with, the terms and conditions of this license agreement, Licensor grants to You a limited, non-exclusive, non-transferable license (i) to use the Unregistered Software for evaluation purposes during the Evaluation Period; and (ii) to share and distribute copies of the Unregistered Software during the Evaluation Period solely as permitted by Section 5.2.
3. REGISTERED SOFTWARE LICENSE.
3.1 General License Grant. Upon Your purchase of a license, and subject to Your acceptance of, and compliance with, the terms and conditions set forth in this license agreement, Licensor grants a non-exclusive, non-transferable license to use the Registered Software to each individual who is deemed a Registered End User or Authorized End User.
3.2 Registered Software License Examples. The following examples are solely given for convenience and have no legal or contractual significance.
(a) If You are an individual and You purchase a single license You may either
(i) use the Registered Software on as many computers as You like, provided that You (or anybody else) do not save Your Registration Key on any computer (see Section 3.3 (a) (i)); or
(ii) save Your Registration Key on a single computer. Any person may then use the Registered Software on this computer (see Section 3.3 (a) (ii));
(b) If You are a representative of a company and You purchase a single license, You are automatically a Registered End User and may use the Registered Software as described in lit. (a) above (see Section3.3 (b,c));
(c) If You are a representative of a company and You purchase more than one license, You are automatically a Registered End User and may use the Registered Software in the way described in lit. (a) above. You may save the Registration Key on as many computers as are covered by licenses. The Software may be used by any person on those computers (See Section 3.3 (c)) If You like, You can register more than one person as Registered End Users. You can register as many persons as You purchased licenses provided that those licenses are not already used up by computers where a Registration Key was saved. Each of those Registered End Users can then use the Software in the way described in lit. (a) above. (See Section3.3 (b));
(d) You can use the Software in a network and save the Registration Key on a Server provided that you have purchased a license for each node that has access to the Server. A special Server Registration Key is required. Please contact Licensor at support@recover4all for questions about a network installation. (see Section 3.3 (d)).
3.3 Special Licenses.
(a) Individual License. If You are an individual, You are a "Registered End User" under this license agreement, provided that You have purchased a license for Your own use from Licensor or from any registration service that is listed in the help file that accompanies this Software or that can be accessed through www.recover4all.com/register.htm
Each Registered End User is allowed
(i) to install and use the Registered Software on one or more computer(s) or storage media, provided that the Registered End User does not save the Registration Key on any computer; or
(ii) to install and use the Registered Software, and save the Registration Key, on only one (1) computer for each one (1) purchased license. Subject to the terms and conditions of this license agreement, the Individual License also permits the Registered End User to allow any individual to use such Registered Software only on such computer or computers where the Registration Key is saved in accordance with the terms and conditions of this license agreement. Any individual who uses the Registered Software on such computer will be considered a "Authorized End User". Once the Registration Key has first been saved onto such one (1) computer for each one (1) purchased license the Registration Key may not be saved and the Registered Software may not be used on any other computer by the Registered End User or anybody else, unless a separate license is purchased for such other computer.
(b) Multiple Individuals License. If You are a company or other form of organization, and You wish to authorize the Registered Software to be used by more than one (1) individual, You must purchase an additional license for each such individual, from Licensor or from a registration service as described in Section 3.3 (a) above. If You are purchasing an additional license for an individual, You may register the name of each such individual by sending an email requesting registration to support@recover4all.com. Any individual whose name is so registered by You will be considered a "Registered End User" in accordance to the provisions of Section 3.3 (a) (i) and (ii), upon Your receipt of an email from support@recover4all.com, confirming that such individual has been registered.
(c) Multiple Computers License. If You are a company or other form of organization, and You wish to authorize the Registered Software to be used on more than one (1) computer, regardless of the person who uses the Software, You must purchase a license for each such computer, from Licensor or from a registration service as described in Section 3.3 (a) above. Any individual who uses the Registered Software on such a computer will be considered a "Authorized End User".
(d) Network License. If You are a company or other form of organization, and You wish to authorize the Registered Software to be used in a local area network or other network, You must purchase a license for each computer that has access to the Software from Licensor or from a registration service as described in Section 3.3 (a) above. Each workstation must have its own license, regardless of whether the Registered Software is used on the workstations at different times or concurrently. Please contact Licensor at support@recover4all for questions about a network installation. Any individual who uses the Registered Software on a computer in such a network will be considered a "Authorized End User".
3.4 Limitation of Rights. You, any Registered End User or any Authorized End User have no right to save a Registration Key onto the computer of any third party.
3.5 Liability for Use by End User(s). If You are a company or other form or organization, use of the Registered Software by Your Registered End User(s) or any Authorized End User(s) remains subject to the terms and conditions in this license agreement, and You remain liable for any breach of this license agreement by such Registered End User(s) or Authorized End User(s).
3.6 Use by Registered or Authorized End Users Only. If You are a company or other form of organization, in no event may You permit use of the Registered Software by any individual other than a Registered End User or Authorized End User. However, in the event You determine that any particular Registered End User will no longer be permitted to use the Registered Software, You may register a different individual by sending email requesting a change in registration to support@recover4all.com. The newly registered individual, and not the previously registered individual, will thereafter be considered a Registered End User and the previously registered individual may no longer use the Registered Software. Registered End Users are only permitted to use the Registered Software, provided that You have purchased a license for each such Registered End User.
4. OWNERSHIP; RETAINED RIGHTS. The Software is licensed to You, not sold. Subject to the licenses granted in Section 2.1 and 3.1, Licensor retains all right, title and interest in and to all copies of the Software in any format or medium, including, but not limited to, any texts, sounds, images, photographs, video, animations, graphics, documentation or other materials incorporated into or accompanying the Software. You understand that You have no right or ability to convey any ownership rights in the Software to any third party, nor may You grant any license to use the Software to any third party.
5. GENERAL RESTRICTIONS ON SOFTWARE USAGE.
5.1 General Usage Restrictions.
(a) You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the Software. Neither the program nor its documentation may be altered in any way, including, without limitation, being extended, changed for use on other systems, or translated into other languages, except and only to the extent that such activity is expressly permitted by applicable law. You may not create derivative works based on the Software.
(b) You have no right to rent, lease, sell, sublicense or assign the Software or any underlying software, technology or other information, including any printed materials relating to the foregoing. You agree not to resell the Software or use of or access to the Software.
(c) Except as otherwise expressly set forth in this license agreement, You may not copy, reproduce or distribute the Software, in whole or in part.
(d) You agree to use the Software in compliance with all applicable laws and regulations. Without limiting the foregoing, You may not download or otherwise export or re-export the Software except in full compliance with all applicable laws and regulations, including applicable laws of the United States regarding export of software technology.
5.2 Additional Provisions Regarding Use and Distribution of the Unregistered Software.
(a) You may not use the Unregistered Software after the Evaluation Period, and the license granted to You pursuant to Section 2.1 will terminate at the end of the Evaluation Period.
(b) During the Evaluation Period, subject to the terms and conditions of this license agreement, You may distribute an unlimited number of complete and unmodified copies of the Unregistered Software to any third parties. However, You have no right to share or distribute any incomplete copy of the Unregistered Software, nor may You share or distribute the Unregistered Software after the expiration of the Evaluation Period. Any copy of the Unregistered Software which You share or distribute must include a complete and unmodified copy of this license agreement.
(c) During the Evaluation Period, You may share and distribute the Unregistered Software by any distribution channels not otherwise inconsistent with the terms of this license agreement, including, by way of example, distribution via electronic mail, through any Web site, and/or inclusion on any digital media distributed with magazines and books.
(d) During the Evaluation Period, You may not charge a fee in connection with distribution of the Unregistered Software, except for a fee which does not exceed Your reasonable costs of copying and/or distributing the Unregistered Software. Notwithstanding the foregoing, You may not label or refer to the Unregistered Software as "free" for purposes of distribution to any third party, unless such label or reference also clearly and conspicuously labels or refers to the Unregistered Software as an "Evaluation Version."
5.3 Additional Provisions Regarding Use of the Registered Software.
(a) A Registered End User has no right to rent, lease, share, sell, sublicense, assign, export or otherwise transfer, distribute or disclose any Registration Key to any third party, except that if You have purchased a license for a Registered End User You may disclose such Registration Key to such Registered End User. A Registered End User may not use any Registration Key other than a Registration Key which You have purchased directly from Licensor or through a registration service that is listed in the help file that comes with this Software or that can be accessed through www.recover4all.com/register.htm. For the avoidance of doubt, a Registered End User may use the Registered Software and charge a fee for recovering files on computers of third parties, provided such use is otherwise in compliance with the terms and conditions of this license agreement.
(b) In consideration for Your access to and use of the Registered Software, You agree to provide true, accurate, current and complete information about Yourself as required by the Software's registration form (such information being the "Registration Data"). You grant Licensor the right to use and disclose information contained in Your Registration Data as necessary to comply with applicable laws, legal process or to enforce this license agreement. In addition, You agree that Licensor or its agent may use the Registration Data to provide You with information regarding updates and new releases of the Software.
6. RISK OF USE. Licensor makes no warranty that using the Software will not cause deleted files to become overwritten and unrecoverable.
7. PAYMENT. Your license to the Registered Software is subject to Your payment of the applicable license fee payable to Licensor, its agent or distributor. If You pay the license fee by credit card, You hereby authorize Licensor, its agent or distributor to: (i) disclose Your credit card details to, and obtain information from, any financial institution or credit card issuer to verify such credit card details; (ii) take steps to verify that there is sufficient credit on the designated credit card to meet all fees payable under this license agreement; and (iii) charge the license fee for use of the Registered Software to the designated credit card. If payment is not received from the card issuer or its agents for any reason, You agree to pay Licensor, its agent or distributor all amounts due on demand.
8. SUPPORT. Licensor will have no obligation to provide You with any maintenance or support relating to the Software. For any inquiries regarding the Software, please contact support@recover4all.com.
9. DISCLAIMER OF WARRANTIES. EXCEPT IT IS OTHERWISE PROVIDED IN THIS LICENSE AGREEMENT AND TO THE FULL EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT THE SOFTWARE (INCLUDING RELATED DOCUMENTATION) IS PROVIDED "AS IS." LICENSOR DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SOFTWARE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES NO WARRANTY THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED, THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT THE SOFTWARE WILL BE ABLE TO UNDELETE ALL ELECTRONIC FILES. YOU ACKNOWLEDGE AND ASSUME ALL RISK ASSOCIATED WITH USE OF THE SOFTWARE.
10. LIMITATION OF LIABILITY. IN CASE OF INTENTIONAL WRONGDOING AND IN CASE OF LIABILITY PURSUANT TO THE LEGISLATION ON PRODUCT LIABILITY, LICENSOR SHALL BE LIABLE PURSUANT TO THE STATUTORY PROVISIONS, IN CASE OF GROSS NEGLIGENCE HE SHALL BE LIABLE ONLY FOR TYPICAL, FORESEEABLE DAMAGE. IN CASE OF ORDINARY NEGLIGENCE LICENSOR SHALL NOT BE LIABLE IF NO MATERIAL STATUTORY OBLIGATION WAS VIOLATED NOR A PERSONAL INJURY OR DEATH OCCURRED AND NO DEFAULT OR IMPOSSIBILITY EXISTED. IN CASE OF ORDINARY NEGLIGENCE CAUSING A MATERIAL BREACH OF CONTRACT, LIABILITY IS LIMITED TO TYPICAL, FORESEEABLE DAMAGE; IN CASE OF DEFAULT OR IMPOSSIBILITY LIABILITY IS LIMITED TO THE LICENSE FEE PAID TO LICENSOR, ITS AGENT OR DISTRIBUTOR FOR THE USE OF THE SOFTWARE. IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THE LICENSE AGREEMENT FORM AN ESSENTIAL BASIS OF THE TERMS OF THIS LICENSE AGREEMENT, AND THAT ABSENT SUCH DISCLAIMERS AND LIMITATIONS, THE TERMS OF THIS LICENSE AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.
11. INDEMNIFICATION. You agree to indemnify and hold harmless Licensor, its officers, directors, employees and agents from any damages, costs and expenses, including reasonable attorneys' fees, arising from any claim or demand made by any third party due to or arising out of Your use of the Software or breach of this license agreement or violation of any rights of another.
12. TERM, TERMINATION. The term of this license agreement will commence on the date You first confirm Your assent to the terms and conditions set forth herein, as indicated by clicking the appropriate button below. The license granted under Section 2.1 with respect to the Unregistered Software will expire upon expiration of the Evaluation Period, unless earlier terminated pursuant to this Section 12, and Your right to use and/or distribute the Unregistered Software will cease immediately as of that date. This license agreement and the license(s) granted hereunder will automatically terminate without notice if You breach the terms of this license agreement. Prior to the date upon which You purchase a license, Licensor reserves the right to terminate this license agreement for any reason upon notice to You. Upon any termination of this license agreement, Your right to use the Software immediately ceases, and, if Licensor so requests, You will delete or destroy any copies of the Software under Your control, including, without limitation, any Registration Key. The remedies of this clause are without prejudice to any other rights or remedies which are available to Licensor.
13. GENERAL PROVISIONS. If any provision of this license agreement is invalid or unenforceable for any reason in any jurisdiction, such provision shall be construed to have been adjusted to the minimum extent necessary to cure such invalidity or unenforceability. The invalidity or unenforceability of one or more of the provisions contained in this license agreement shall not have the effect of rendering any such provision invalid or unenforceable in any other case, circumstance or jurisdiction, or of rendering any other provisions of this license agreement invalid or unenforceable whatsoever. Licensor' failure to exercise or enforce any right or provision of this license agreement will not constitute a waiver of such right or provision. Section headings in this license agreement are used solely for the convenience of the parties and have no legal or contractual significance. This license agreement constitutes the parties' final, exclusive and complete understanding and license agreement with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings and license agreements between the parties. Notices may be provided to You via email or regular mail. You may not assign or transfer Your rights or obligations under this license agreement without the prior written consent of Licensor. Licensor may assign all rights and liabilities under this license agreement to a subsidiary, affiliate or successor to all or a substantial part of its business and assets without Your consent. Subject to the foregoing, this license agreement will inure to the benefit of and be binding upon the successors and permitted assigns of the parties. This license agreement is governed by the laws of Germany without regard to its conflict of laws principles. You and Licensor agree to submit to the exclusive venue in, and jurisdiction of, the courts of Germany. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed.
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