End user agreement for EASIS Data Recovery
END-USER LICENSE AGREEMENT (EULA)
Version: 2.02; Date: 10.01.2008
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 EASIS GmbH. later referred to as "EASIS" for the software product "EASIS Data Recovery"(former Data LifeSaver) later referred to as "SOFTWARE".
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, install or use the SOFTWARE.
The EASIS 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, 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, installed or run the SOFTWARE on one workstation or one removable or one external media devices such as a floppy disk, CD, DVD, flash card, HD, etc. (latter referred to as "devices" or "device").
· LICENSEE may use the SOFTWARE on the devices owned by the LICENSEE only. If LICENSEE purchases a „Business License“ it is only for up to 3 staff members. If LICENSEE purchases a „Private License“ it is only to be used on his own device and only in private enviroments.
· LICENSEE may not use the SOFTWARE for commercial gain of any kind, including profiting from any images created by the SOFTWARE.
The „Limited Business License“ or the „Technical License“ may be used for commercial data recovery.
· 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 disassembly, modify, translate the SOFTWARE and make any attempt to discover the source code of the SOFTWARE.
· LICENSEE may not transfer, sell, re-sell, offer for sale or distribute the SOFTWARE. - 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 EASIS Software except if it's permitted by the terms and/or conditions of a separate agreement signed by EASIS.
3. SUPPORT SERVICE.
The LICENSEE is entitled to free support service in the English or German language via electronic communication for 180 days from the date of purchase. The free support service includes technical support, customer support and all updates and new releases for the SOFTWARE during that term. Any supplemental software codes provided to the LICENSEE as a part of the support service shall be considered as a part of the SOFTWARE and subject to the terms and conditions of this EULA.
4. DISCLAIMER OF WARRANTY.
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE DISTRIBUTED and SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. LICENSEE USES THE SOFTWARE AT HIS OWN RISK.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
To the maximum extent permitted by applicable law, in no event shall the EASIS 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 EASIS has been advised on the possibility of such damages. In any case, the EASIS entire liability under any provision of this EULA shall be limited EXCLUSIVELY TO PRODUCT REPLACEMENT.
5. GOVERNING LAW
This agreement shall be governed by German laws.
The EASIS 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 EASIS on the subject of the SOFTWARE.