End user agreement for DataNumen Access Repair
DataNumen Access Repair Demo Version License
DataNumen Access Repair Copyright © 2001 - 2013 by DataNumen, Inc.
All rights reserved.
This demo version license applies to the demo version of DataNumen Access Repair. If you have purchased a full version of DataNumen Access Repair, please refer to DataNumen Access Repair Full Version License in this help document.
DataNumen Access Repair DEMO VERSION END-USER LICENSE AGREEMENT
Your Agreement to this License
This License only applies to the executable code for the demo version of DataNumen Access Repair software and any accompanying distributable files, data and materials ("THE SOFTWARE"). You should carefully read the following terms and conditions before using, installing, copying, distributing, or transmitting this software. By using, installing, copying, distributing, or transmitting THE SOFTWARE without purchasing the full version of DataNumen Access Repair software and any accompanying distributable files, data and materials, you agree to all of the terms of this demo license agreement ("License"). Please refer to order information for information about pricing, multi-user licensing, site licensing and payment options of the full version.
Please read the license terms below. If you do not agree to all of the terms and conditions of this License, then do not use, install, copy, distribute, or transmit THE SOFTWARE.
Scope of License
This is not free software. Subject to the terms below, you are hereby licensed by DataNumen, Inc. ("DNI") to use for evaluation purposes unlimited copy of THE SOFTWARE, on unlimited number of computers or workstations, without charge, for unlimited times after you first install THE SOFTWARE on any computer or workstation.
Subject to all of the terms of this License, you may, without making any payment to DNI:
give exact copies of THE SOFTWARE personally and without charge of any kind to anyone for evaluation purposes only, subject to the terms of this License, using tangible media of any kind or via e-mail (but not in a bulk mailing or through unsolicited bulk e-mails);
distribute exact copies of THE SOFTWARE for evaluation purposes only, subject to the terms of this License, if done exclusively by allowing downloads through the public Internet and without charge of any kind; and
make as many exact copies of THE SOFTWARE as you wish, for purposes of distribution as described in a. and b. above.
For purposes of the foregoing, an "exact copy" of THE SOFTWARE means a file that is identical, at the time you create the copy, to the THE SOFTWARE distribution file available at product homepage.
You are specifically prohibited from charging, or requesting donations, for any distributed copies, however made, or from distributing such copies with other products of any kind, commercial or otherwise, without prior written permission from DNI. Also, you are specifically prohibited from charging, or requesting donations, for providing access to any hyperlink or other method that allows a user to create or transfer electronically copies of THE SOFTWARE.
DNI reserves the right to revoke any or all distribution rights at any time, for any or no reason.
All rights of any kind in THE SOFTWARE which are not expressly granted in this License are entirely and exclusively reserved to and by DNI. You may use THE SOFTWARE solely as expressly provided in this License. THE SOFTWARE is protected by the United States copyright laws and other applicable national and international laws and treaties. You may not rent, lease, sublicense, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, THE SOFTWARE, in whole or in part, nor permit anyone else to do so. You may not make access to THE SOFTWARE available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so. The license granted hereunder includes no rights in or to the source code version of THE SOFTWARE.
Warranty Disclaimers and Liability Limitations
THE SOFTWARE, AND ANY AND ALL ACCOMPANYING SOFTWARE, FILES, DATA AND MATERIALS, ARE DISTRIBUTED AND PROVIDED "AS IS" AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER DNI NOR ANY OF ITS AFFILIATES OR LICENSORS WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE SOFTWARE. NEITHER DNI NOR ANY OF ITS AFFILIATES OR LICENSORS WARRANTS THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE USE OF ANY DATA RECOVERY AND/OR FILE RECOVERY FEATURES WILL BE EFFECTIVE IN RECOVERING DATA CONTAINED IN ANY FILE, IN WHOLE OR IN PART. YOU ACKNOWLEDGE THAT GOOD DATA PROCESSING PROCEDURE DICTATES THAT ANY PROGRAM, INCLUDING THE SOFTWARE, MUST BE THOROUGHLY TESTED WITH NON-CRITICAL DATA BEFORE THERE IS ANY RELIANCE ON IT, AND YOU HEREBY ASSUME THE ENTIRE RISK OF ALL USE OF THE COPIES OF THE SOFTWARE COVERED BY THIS LICENSE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.
EXCEPT TO THE EXTENT EXPRESSLY PROHIBITED BY APPLICABLE STATUTES, DNI, ITS AFFILIATES OR LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGE OR FINANCIAL LOSS ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE. ANY LIABILITY OF DNI, ITS AFFILIATES OR LICENSORS WILL BE LIMITED EXCLUSIVELY TO REFUND OF ANY LICENSE FEE PAID TO DNI. EXCEPT TO THE EXTENT EXPRESSLY PROHIBITED BY APPLICABLE STATUTES, IN NO EVENT SHALL DNI, OR ITS PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, LICENSORS, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF THE SOFTWARE, OR TO YOUR RELATIONSHIP WITH DNI, ITS AFFILIATES OR LICENSORS (INCLUDING, WITHOUT LIMITATION, LOSS OR DISCLOSURE OF DATA OR INFORMATION, LOSS OF PROFIT, REVENUE, BUSINESS OPPORTUNITY OR BUSINESS ADVANTAGE, OR BUSINESS INTERRUPTION), WHETHER BASED UPON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, CONTRIBUTION, INDEMNITY, OR ANY OTHER LEGAL THEORY OR CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, IN NO EVENT DOES DNI AUTHORIZE YOU OR ANYONE ELSE TO USE THE SOFTWARE IN APPLICATIONS OR SYSTEMS WHERE THE SOFTWARE'S FAILURE TO PERFORM CAN REASONABLY BE EXPECTED TO RESULT IN A SIGNIFICANT PHYSICAL INJURY, OR IN LOSS OF PROPERTY, OR LOSS OF LIFE. ANY SUCH USE IS ENTIRELY AT YOUR OWN RISK, AND YOU AGREE TO HOLD DNI, ITS AFFILIATES OR LICENSORS HARMLESS FROM ANY AND ALL CLAIMS OR LOSSES RELATING TO SUCH UNAUTHORIZED USE.
At your own expense, you shall indemnify, defend, and hold harmless DNI, its affiliates and licensors, and their directors, officers, trustees, shareholders, employees, agents, successors and assigns from and against any and all claims, expenses, losses, damages, costs, liabilities and judgments, including without limitation reasonable attorneys' fees and expenses, arising out of or relating to any claim resulting from or related to:
any use by you of THE SOFTWARE other than as expressly allowed by this License or in a manner inconsistent with any accompanying documentation;
any breach of this License by you; or
any violation of applicable law by you, your directors, officers, trustees, shareholders, employees, subsidiaries, agents, successors and assigns.
THE SOFTWARE, including, without limitation, the information included in its accompanying distributable files, data and materials and any related activation code and license key and registration code files or information, and the know-how embodied in THE SOFTWARE, is confidential and trade secret information (the "Proprietary Information") that is proprietary to and solely owned or licensed by DNI, together with all related copyrights and trademarks relating thereto. You agree to maintain the Proprietary Information in strictest confidence for the benefit of DNI and its licensors. You shall not sell, license, publish, display, distribute, disclose, or otherwise make available or allow to be made available the Proprietary Information, including, without limitation, any activation codes, license keys, registration codes, or registration files, to any third party nor use such Proprietary Information except as authorized by this License. The obligations under this paragraph shall survive any termination or cancellation of the License.
This License is the complete statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements, and arrangements.
There are no third-party beneficiaries of any promises, obligations, or representations made by DNI herein.
Any waiver by DNI of any violation of this License by you shall not constitute, nor contribute to, a waiver by DNI of any other or future violation by you of the same provision, or any other provision, of this License.
You acknowledge and agree that monetary damages alone would not be an adequate remedy in the event of a material breach by you of your obligations or agreements under this License and that, in such event, DNI or any of its affiliates shall be entitled to injunctive relief to require you to comply with its obligations hereunder. Any remedy available under this License shall be cumulative and not exclusive of any other remedy available DNI or any of its affiliates under this License, at law or in equity.
If any part of this License or the application thereof to any person or circumstance is for any reason held invalid or unenforceable, it shall be deemed severable, and the validity of the remainder of this License, or the applications of such provision to other persons or circumstances, shall not be affected thereby.