End user agreement for Hard Disk Imager with Sector Mutate
END USER SOFTWARE LICENSE AGREEMENT (LICENSE)
BY INSTALLING DRE HARD DISK IMAGING SOFTWARE WITH SECTOR MUTATE AND ANY OF ITS ASSOCIATED MODULES (SOFTWARE), THE INSTALLING PARTY (YOU) ARE AGREEING TO ALL THE TERMS IN THIS LICENSE AGREEMENT AS IF IT WERE A WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. YOU MAY NOT USE THE SOFTWARE UNLESS YOU AGREE TO THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE THEN YOU MUST UNINSTALL AND DELETE ANY COPIES YOU HAVE OF THE SOFTWARE.
This License shall commence upon your acceptance it and the installation of the Software. Data Recovery Engineering Software Limited hereby grants you a non-exclusive, non-transferable, non-assignable, personal license for the number of licenses for which you have paid a license fee to use the Software for your own internal purposes only in perpetuity until the sooner of: (i) the expiry of any evaluation and/or demonstration period (if any and subject to the provisions set out below); or (ii) until the Software is removed from the end user machines in its entirety; or (iii) the termination of the Licence by Data Recovery Engineering Software Limited in accordance with the terms herein.
In the event that the Software has been installed for the purposes of evaluation and/or demonstration, the Software may only be used by one operator and this Licence will terminate without notice after 999 days. If you purchase a licence to continue to use the Software, the terms of this License will continue. Data Recovery Engineering Software Limited provides no warranties or support in respect of the Software during the evaluation and/or demonstration period.
Data Recovery Engineering Software Limited and its licensors, where applicable, shall have sole and exclusive ownership of all right, title, and interest in and to the Software, including all copyright and any other intellectual property rights therein. This License conveys a limited license to use the Software and shall not be construed to convey title to or ownership of the Software to you. Use of the Software is governed by the terms of this end user license agreement.
The Software is made available for downloading solely for use by the end user organisation that has registered for its use. Any reproduction or redistribution of the Software not in accordance with this License is expressly prohibited.
Without any limitations to the foregoing, any reproduction and copying of the Software to any other site, server or location for further reproduction or redistribution is expressly prohibited. You may not de-compile, reverse engineer or otherwise attempt to discover the source code or encryptions of the Software at any time.
In the event that you breach the terms of this License, Data Recovery Engineering Software Limited can forthwith terminate this License on notice to you in writing. In the event of such termination, you shall immediately return or destroy all copies of the Software and provide written notice to Data Recovery Engineering Software Limited of your compliance with this obligation.
Unless otherwise specified, you may run the Software on one computer. Installation and use on additional computers requires additional licenses to be acquired. In the event that you use the Software in any country outside of the United Kingdom, you are deemed to have obtained all local licenses and consents necessary to do so. Data Recovery Engineering Software Limited will not be liable for any failure by you so to do.
This Software is not intended for use in nuclear facilities, air traffic control or communication systems where the failure of the Software could lead to death, personal injury, or physical or environmental damage. Failure to comply with any terms will terminate any rights under the License.
DATA RECOVERY ENGINEERING SOFTWARE LIMITED WARRANTS THE SOFTWARE WILL BE FREE OF DEFECTS IN MATERIAL AND WORKMANSHIP UNDER NORMAL USE FOR A PERIOD OF 90 DAYS FROM THE DATE OF PURCHASE. IF, DURING THE WARRANTY PERIOD SET FORTH, YOU BELIEVE THAT THE SOFTWARE DOES NOT MATERIALLY CONFORM WITH THE ABOVE LIMITED WARRANTY, YOU SHALL BE OBLIGATED TO NOTIFY DATA RECOVERY ENGINEERING SOFTWARE LIMITED IN WRITING PROMPTLY AND PROVIDE DATA RECOVERY ENGINEERING SOFTWARE LIMITED WITH SUFFICIENT DOCUMENTATION OF SUCH NONCONFORMITY TO ENABLE DATA RECOVERY ENGINEERING SOFTWARE LIMITED TO REPRODUCE AND VERIFY THE SAME. DATA RECOVERY ENGINEERING SOFTWARE LIMITED'S SOLE OBLIGATION WITH RESPECT TO ANY CLAIMS OF NON-CONFORMANCE WITH THE ABOVE LIMITED WARRANTY SHALL BE, AT DATA RECOVERY ENGINEERING SOFTWARE LIMITED'S SOLE DISCRETION (I) TO PROVIDE YOU WITH INSTRUCTIONS FOR CURING SUCH NONCONFORMITY, (II) TO PROVIDE YOU WITH AN UPDATED VERSION OF SUCH ITEM WHICH IS FREE OF SUCH NONCONFORMITY, OR (III) IN THE EVENT DATA RECOVERY ENGINEERING SOFTWARE LIMITED IS UNABLE TO ACCOMPLISH ANY OF THE ABOVE AFTER USING ITS COMMERCIALLY REASONABLE EFFORTS, ACCEPT A RETURN OF ALL SUCH NONCONFORMING SOFTWARE AND REFUND TO YOU A PRO RATA PORTION OF THE FEES PAID THEREFOR OVER THE TERM OF YOUR USE OF THE SOFTWARE. THESE REMEDIES SHALL CONSTITUTE DATA RECOVERY ENGINEERING SOFTWARE LIMITED@S SOLE OBLIGATION, AND YOUR SOLE REMEDY, FOR ANY BREACH OF WARRANTY BY DATA RECOVERY ENGINEERING LIMITED. THE LIMITED WARRANTY SHALL NOT APPLY IN THE EVENT THAT ANY NONCONFORMITY ARISES FROM (I) ANY MODIFICATION TO THE SOFTWARE NOT MADE BY DATA RECOVERY ENGINEERING SOFTWARE LIMITED, (II) USE OF THE SOFTWARE IN A MANNER NOT DESCRIBED IN ANY RELATED DOCUMENTATION OR THIS AGREEMENT; (III) USE OF THE SOFTWARE IN ANY UNLAWFUL, IMPROPER OR INAPPROPRIATE MANNER OR FOR ANY UNLAWFUL, IMPROPER OR INAPPROPRIATE PURPOSE, (IV) USE OF A VERSION OF THE SOFTWARE THAT WOULD NOT BE SUPPORTED BY DATA RECOVERY ENGINEERING SOFTWARE LIMITED UNDER A SUPPORT PROGRAM IF YOU SUBSCRIBED TO SUCH SUPPORT PROGRAM, OR (V) AS A RESULT OF THE NEGLIGENCE OR INTENTIONAL MISCONDUCT OF ANY USER OF THE SOFTWARE.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS WARRANTED ONLY ACCORDING TO THE TERMS OF THIS LICENSE. DATA RECOVERY ENGINEERING SOFTWARE LIMITED HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS WITH REGARD TO THEIRS AND THIRD PARTY COMPONENTS OF THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. DATA RECOVERY ENGINEERING SOFTWARE LIMITED HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF FITNESS FOR PURPOSE OR THAT IT WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE FREE OF INTERRUPTION OR ERRORS, OR THAT OR THAT DEFECTS WILL BE CORRECTED, OR THAT ANY REPORTS OR OUTPUT IS ACCURATE. DATA RECOVERY ENGINEERING SOFTWARE LIMITED AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS OR CORRUPTION OF YOUR DATA CAUSED BY UNAUTHORIZED USE OF OR ACCESS TO THE SOFTWARE.
IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT LOSSES OR DAMAGES, INCLUDING ANY LOST PROFITS OR REVENUES, LOSS OF USE OF THE SOFTWARE OR ANY ASSOCIATED EQUIPMENT, DAMAGE TO ASSOCIATED EQUIPMENT OR OTHER INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PENAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE. YOUR SOLE REMEDY WITH RESPECT TO ANY CLAIMS FOR DIRECT LOSSES OR DAMAGES ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED IN THE AGGREGATE TO THE MONIES PAID BY YOU TO DATA RECOVERY ENGINEERING SOFTWARE LIMITED UNDER THIS LICENSE DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
Data Recovery Engineering Software Limited will provide after sales technical support only where a valid license has been purchased and, for each 12 month period after the first anniversary of the date of the granting of this License, an annual support fee has been paid in advance. Technical support is limited to advice, hints and tips. Rectification of technical faults is not guaranteed.
You agree that because of the unique nature of the Software and Data Recovery Engineering Software Limited's proprietary rights therein, a demonstrated breach of this agreement by you would irreparably harm Data Recovery Engineering Software Limited and monetary damages would be inadequate compensation. Therefore, you agree that Data Recovery Engineering Software Limited shall be entitled to preliminary and permanent injunctive relief, as determined by any court of competent jurisdiction to enforce the provisions of this Agreement. If any provision of this Agreement or the Software thereof is declared void, illegal, or unenforceable, the remainder of this Agreement will be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision. Any failure by any party to this Agreement to enforce at any time any term or condition under this Agreement will not be considered a waiver of that party's right thereafter to enforce each and every term and condition of this Agreement. Neither party will be responsible for delays resulting from circumstances beyond the reasonable control of such party, provided that the nonperforming party uses reasonable efforts to avoid or remove such causes of nonperformance and continues performance hereunder with reasonable dispatch whenever such causes are removed. This Agreement, (i) constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, made with respect to the subject matter hereof, and (ii) cannot be altered except by a writing executed by an authorised representative of each party. No purchase order shall supersede this Agreement.
This Agreement and its performance shall be governed by and construed in accordance with and the parties hereby submit to the non-exclusive jurisdiction of the laws of England and Wales.
If you have any questions regarding this Agreement or if you wish to discuss the terms and conditions contained herein please contact Data Recovery Engineering Software Limited using the contact details at www.datarecoveryengineer.com.