End user agreement for R-Studio for Mac Data Recovery
R-Studio Copyright(c) 2000-2014 R-tools Technology Inc. All rights reserved.
END-USER LICENSE AGREEMENT
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) later referred to as "LICENSEE" and R-tools Technology Inc. later referred to as "R-TT" for the software product R-Studio later referred to as "SOFTWARE" and for support and maintenance services later referred to as "SUPPORT SERVICES". By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not purchase, download, install or use the SOFTWARE.
By using the SOFTWARE or the SUPPORT SERVICES, you represent and warrant that you have the legal capacity and authority to enter into a binding agreement and to adhere to this EULA, and that you will use the SOFTWARE and the SUPPORT SERVICES only in accordance with this EULA and with all applicable laws. If an individual is registering or using the SOFTWARE or the SUPPORT SERVICES on behalf of an entity or organization, that individual warrants, represents, and covenants to R-TT that such individual is duly authorized to agree to this EULA on behalf of the organization and to bind the organization to them. The SOFTWARE and the SUPPORT SERVICES are intended, and offered, only for lawful use by individuals or organizations with the legal capacity and authority under applicable law to enter into a contract for such products and services. R-TT does not offer the SOFTWARE or the SUPPORT SERVICES to minors or where otherwise prohibited by law.
The R-TT may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in this document. The furnishing of this document does not give you any license to these patents, trademarks, copyrights, or other intellectual property.
Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the SOFTWARE. The SOFTWARE is licensed pursuant to this EULA, not sold.
1. GRANT OF LICENSE.
This EULA grants LICENSEE the following rights:
- LICENSEE may use this SOFTWARE. "Use" of the SOFTWARE means that LICENSEE has loaded and installed the SOFTWARE on to a personal computer, workstation or server (letter referred to as "computer" or "licensed computer") or run the SOFTWARE on a computer from a removable or external media device such as a floppy disk, CD, DVD, flash card, HD, etc. (latter referred to as "devices" or "device").
- LICENSEE may use the SOFTWARE to serve a computer owned or leased by the LICENSEE only.
- LICENSEE may not use the SOFTWARE on more computers than a number of computers specified in section "About" of the SOFTWARE. A single license of the SOFTWARE allows to serve one computer.
- LICENSEE may not transfer the SOFTWARE from one computer to another after the SOFTWARE is installed and registered on the computer even if the licensed computer is decommissioned or replaced.
- LICENSEE may serve any number of devices attached to the licensed computer directly or through an adapter, simultaneously or consecutively, unlimited number of times.
- LICENSEE may not use the SOFTWARE for commercial gain of any kind.
- LICENSEE may use this SOFTWARE in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of this SOFTWARE together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race sexual orientation or age is strictly prohibited.
- LICENSEE may make a copy of the licensed SOFTWARE for backup purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
- LICENSEE may not reverse engineer, recompile, and disassemble the SOFTWARE and make any illegal attempt to discover the source code or underlying ideas, algorithms, file formats, or programming or interoperability interfaces of the SOFTWARE or any portion, extract, selection, arrangement, adaptation, compilation, or any derivative of the SOFTWARE except to the extent otherwise expressly permitted under applicable law, licenses or written consent of R-TT.
- LICENSEE may not transfer, sell, re-sell, offer for sale or distribute the SOFTWARE to a third party. The sale of and or distribution of copies of this SOFTWARE are strictly forbidden. It is a violation of this EULA to sell, loan, rent, lease, borrow, or transfer the use of copies of the SOFTWARE without written consent of R-TT or permissions granted to LICENSEE and published at R-TT website.
- LICENSEE may not modify, translate, make error corrections, adapt or prepare derivative works from the SOFTWARE or its portion, extract, selection, arrangement, adaptation, compilation, or derivative thereof except to the extent otherwise expressly permitted under applicable law, licenses or written consent of R-TT.
-LICENSEE may not remove, obscure or alter R-TT or any third party's product names, trademarks or patent, copyright, or other proprietary rights notices, or ownership attribution statements affixed to or contained within or accessed in conjunction with or through the SOFTWARE.
- Some third party codes including but not limited to codes distributed under the terms of GNU licenses may be provided with the SOFTWARE. The third party license terms accompanying the codes shall govern your use of such codes and can be found at R-TT web site. The source codes of the works distributed under the terms of GNU licenses are offered for downloading upon LICENSEE request.
- If acquired by or on behalf of a civilian agency, the U.S. Government acquires the SOFTWARE and/or the SOFTWARE documentation and other technical data subject to the terms of this EULA as specified in 48 C.F.R. 12.212 (Computer Software) and 12.211 (Technical Data) of the Federal Acquisition Regulation (FAR) and its successors. If acquired by or on behalf of any agency within the Department of Defense (DOD), the U.S. Government acquires the SOFTWARE and/or the SOFTWARE documentation subject to the terms of this EULA as specified in 48 C.F.R. 227.7202-3 of the DOD FAR Supplement (DFARS) and its successors. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses Government rights in computer software or technical data under this EULA.
3. SUPPORT SERVICE.
The LICENSEE is entitled to free SUPPORT SERVICES in the English language via electronic communication for 365 days from the date of purchase. The SUPPORT SERVICES include technical support, customer support and all UPDATES and new releases (UPGRADES) for the SOFTWARE during that term.
When the free support period is expired, the SUPPORT SERVICES can be extended upon payment of annual fees that are always calculated from a date of the support expiration. The fees are billed on an annual basis and there are no refunds for early cancellation of the SUPPORT SERVICES. R-TT reserves the right to deny any SUPPORT SERVICES if the LICENSEE is not eligible for them.
Any supplemental software codes provided to the LICENSEE as a part of the SUPPORT SERVICES, shall be considered as a part of the SOFTWARE and a subject to the terms and conditions of this EULA.
4. DISCLAIMER OF WARRANTY.
THIS SOFTWARE AND SUPPORT SERVICES PROVIDED BY R-TT AS WELL AS THE ACCOMPANYING FILES INCLUDING THIRD PARTY SOFTWARE AND SERVICES ARE DISTRIBUTED and SOLD "AS IS" AND WITHOUT WARRANTIES.
R-TT AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. IT IS AT YOUR OWN DISCRETION AND RISK, THAT YOU DOWNLOAD AND/OR USE THE SOFTWARE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS. R-TT MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED. YOU MAY HAVE OTHER WARRANTY RIGHTS, WHICH MAY VARY FROM COUNTRY TO COUNTRY.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall the R-TT or its employees, contractors, agents, distributors or suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, loss of data, loss of business opportunity, loss or damages to property, injuries to any person or any pecuniary loss,) arising out of the use of or inability to use the SOFTWARE, even if the R-TT has been advised on the possibility of such damages. In any case, the R-TT entire liability under any provision of this EULA shall be limited EXCLUSIVELY TO PRODUCT REPLACEMENT.
5. GOVERNING LAW
This agreement shall be governed by laws of the Province of Ontario and the laws of Canada applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the court of Toronto, Ontario, and any competent Courts of Appeal there from. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this license and not affect the validity and enforceability of any other provisions.
The R-TT reserves all rights not expressly granted here.
I, the LICENSEE, acknowledge that I have read the above EULA and agree with the terms and conditions of the agreement. I also agree that the EULA supersedes any prior agreement, written or verbal, which may exist between me and the R-TT on the subject of the SOFTWARE.