End user agreement for MediaRECOVER Windows
Software License Agreement
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING
THE SOFTWARE. BY INSTALLING AND USING THE SOFTWARE, YOU ARE AGREEING TO BE
BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS
LICENSE, DO NOT USE THE SOFTWARE. USING ANY PART OF THE SOFTWARE INDICATES
THAT YOU ACCEPT THESE TERMS.
LICENSE - The software accompanying this License whether on disk, CD, or on any other
media (collectively the “Software”) are licensed, not sold, to you. You own the media on which
the Software is recorded but Smith Micro Software, Inc. and/or its licensor(s) (the
“Manufacturer”) retain title to the Software. The Software in this package and any copies
which this License authorizes you to make are subject to this License.
PERMITTED USES AND RESTRICTIONS - This License allows you to install and use the
Software on a single computer or digital device at a time. This License does not allow the
Software to exist on more than one computer at a time. You may make one copy of the
Software in machine readable form for backup purposes only. The backup copy must include
all copyright information contained on the original. Except as permitted by applicable law and
this License, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan,
distribute, create derivative works from the Software or transmit the Software over a network.
You may, however, transfer your rights under this License provided you transfer the related
documentation, this License and a copy of the Software to a party who agrees to accept the
terms of this License and destroy any other copies of the Software in your possession. Your
rights under this License will terminate automatically without notice if you fail to comply with
any term(s) of this License.
CONFIDENTIAL DISCLOSURE - This software contains trade secrets and proprietary know-how
belonging to the Manufacturer and it is being made available to you in strict confidence. Any
use or disclosure of this program, or its algorithms, protocols, or interfaces, other than in
strict accordance with this license agreement, may be actionable as a violation of the
Manufacturer's trade secret rights.
DISCLAIMER OF WARRANTY ON SOFTWARE - YOU EXPRESSLY ACKNOWLEDGE AND AGREE
THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED “AS IS”
AND WITHOUT WARRANTY OF ANY KIND AND THE MANUFACTURER ITS SUPPLIERS,
DISTRIBUTORS AND ANY LICENSOR(S) EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR
CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES AND/OR CONDITIONS OF TITLE, NON-INFRINGEMENT OF THIRD PARTY
RIGHTS, MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR
PURPOSE. THE MANUFACTURER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN
THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE
SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE
WILL BE CORRECTED. FURTHERMORE, THE MANUFACTURER DOES NOT WARRANT OR MAKE
ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY
THE MANUFACTURER OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT THE MANUFACTURER OR ANY
AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION. TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, SOME
JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE
DISCLAIMER OF IMPLIED WARRANTIES ABOVE MAY NOT APPLY TO YOU, IN WHICH CASE THE
DURATION OF ANY SUCH IMPLIED WARRANTIES IS LIMITED TO SXITY (60) DAYS FROM THE
DATE YOU FIRST INSTALLED THE SOFTWARE ON YOUR COMPUTER; PROVIDED, HOWEVER,
THAT YOUR SOLE AND EXCLUSIVE REMEDY, AND MANUFACTURER'S SOLE OBLIGATION
SHALL IN ANY CASE BE THAT MANUFACTURER WILL, AT ITS OPTION, REPAIR OR REPLACE
YOUR COPY OF THE SOFTWARE, OR TERMINATE THIS LICENSE AGREEMENT AND REFUND
AMOUNTS ALREADY PAID THEREFOR BY YOU.
LIMITATION OF LIABILITY - REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN
FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, TO THE EXTENT PERMITTED BY THE LAW
OF THE JURISDICTION IN WHICH LICENSEE OBTAINED THIS LICENSE, MANUFACTURER, ITS
SUPPLIERS, DISTRIBUTORS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT,
EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY CHARACTER,
INCLUDING BUT NOT LIMITED TO DAMAGES FOR COMPUTER MALFUNCTION, LOSS OF
INFORMATION, LOST PROFITS AND BUSINESS INTERRUPTION, AND THE COST TO OBTAIN
SUBSTITUTE SOFTWARE, ARISING IN ANY WAY OUT OF THIS AGREEMENT OR THE USE OF
(OR INABILITY TO USE) THE SOFTWARE HOWEVER CAUSED AND WHETHER ARISING UNDER
A THEORY OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF MANUFACTURER,
ITS SUPPLIERS, DISTRIBUTORS OR LICENSORS WAS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT
SHALL THE MANUFACTURER'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE
AMOUNT PAID FOR THIS LICENSE TO THE SOFTWARE.
EXPORT LAW ASSURANCES - Export, re-export of this Software is governed by the laws and
regulations of the United States and import laws and regulations of certain other countries.
Export or re-export of Software to any entity on the Denied Parties List and other lists
promulgated by various agencies of the United States Federal Government is strictly
U. S. GOVERNMENT END USERS - The Software is provided with RESTRICTED RIGHTS. Use,
duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in
subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause of
DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-
Restricted Rights clause at 48 CFR 52.227-19, as applicable. The Manufacturer is Smith Micro
Software, Inc., 51 Columbia, Aliso Viejo, CA 92656.
CONTROLLING LAW AND SEVERABILITY - If there is a local subsidiary of the Manufacturer in
the country in which the Software License was purchased, then the local law in which the
subsidiary sits shall govern this License. Otherwise, this License shall be governed by the laws
of the United States and the State of California, except for its conflicts of laws principles.
Exclusive jurisdiction over and venue of any suit arising out of or relating to this Agreement
will be in the state and federal courts of Orange County, California. If for any reason a court of
competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the
remainder of this License shall continue in full
force and effect.
COMPLETE AGREEMENT - This License constitutes the entire agreement between the parties
with respect to the use of the Software and supersedes all prior or contemporaneous
understandings regarding such subject matter. No amendment to or modification of this
License will be binding unless in writing and signed by the Manufacturer. Version 20050421.
Internet Cleanup, StuffIt Deluxe, Spring Cleaning, Allume and the Smith Micro logo are
trademarks or registered trademarks of Smith Micro Software, Inc. All rights Reserved.