End user agreement for GotItBack!
This is an agreement between you and Whirlwind Software.
"The Software" means the Got It Back! Password Recovery Tool software to which this license is applicable. "Activation Code" means the 16 digit encrypted code which assigned to purchasers of license for The Software in order to permit full functionality.
1. Distribution Parameters: You may pass copies of the Evaluation version of The Software around to friends, co-workers, and so on but you may not distribute the software for profit. This means that putting the Evaluation version (or any version) of Got It Back! on a CD-ROM or a website that has advertising is prohibited. Whirlwind Software reserves the right to grant exceptions to this restriction on a case by case basis.
1a. Exception for Software Referral Web Sites: Notwithstanding Term 1 (Distribution Parameters), Web Sites (including those with advertising) may publish the particulars of The Software (Name, author, publisher, cost, web links, and any other information furnished to a web site by Whirlwind Software in a PAD file) provided that the Web Site does not host The Software distribution archive, but instead provides a download link to The Software distribution archive on the Whirlwind Software web site.
1b. Curbs on undesirable Software Referral Web Sites: Notwithstanding Term 1a (Exception for Software Referral Web Sites), no web site may distribute or provide referral links to the Software where the website also: (i) requires users to provide personally identifying information (including email address) in order to be allowed to download the software or follow the referral; (ii) requires that authors of distributed or listed software receive newsletters, sales messages, advertising or any other kind of email that is not directly pertinent to the status of the listing; or (iii) uses, lists, distributes, or promotes any software product whose purpose could be construed as chiefly beneficial to activities that are against commonly accepted netiquette, including but not limited to bulk email software (spamware).
1c. Remedies against undesirable Software Referral Web Sites: All Software Referral Web Sites, by referring or listing the Software, execute an agreement with Whirlwind Software that the Web Site will not engage in the three activities listed in term 1b. Web Sites further agree that in the event a breach of this agreement is detected by Whirlwind Software, that a fee of $150,000 USD will be paid immediately to Whirlwind Software as minimal compensation for the damage caused to our reputation by allowing our trademark to be associated with undesirable activity. Aggressive collection action will be employed if a detected web site does not immediately remit this amount.
2. License is Private: You MAY NOT distribute Activation Codes for The Software. You MAY NOT divulge your Activation Code to any other party. Whirlwind Software reserves the right to pursue criminal prosecution against any person or group found distributing Activation Codes for The Software.
Note: Even if you decline this agreement, if you distribute Activation Codes for The Software you do so at risk of prosecution.
3. Non-Transferable: The Software may not be resold or transferred and may only be used on one computer at a time. If you need to use The Software on more than one computer at a time you must purchase a copy for EACH computer.
4. No Warranty: Absolutely no warranty is provided. Except when otherwise stated in writing, Whirlwind Software and/or other parties provide The Software "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of The Software is with you. Should The Software prove defective, you assume the cost of all necessary servicing, repair or correction. In no event will Whirlwind Software and/or any other party acting as an agent or servant of Whirlwind Software be liable to you for damages, including any lost profits, lost monies, or other special, incidental or consequential damages arising out of the use or inability to use The Software (including but not limited to loss of data or data being rendered inaccurate or losses sustained by third parties or a failure of the program to operate with any other programs), even if you have been advis
ed of the possibility of such damages, or for any claim by any other party.
5. Liability for Abuse: You assume and accept full responsibility for your actions with respect to The Software. This means that if you commit any act with the aid of The Software that results in liability against you or Whirlwind Software, you will assume the full risk of liability and will pay all costs, including legal defense, court costs, settlements, and any other related costs not mentioned here. You are prohibited from abusing The Software in such a way as to cause distress, injury, embarrassment, or annoyance to any person, and you are specifically prohibited from abusing The Software on any computer without the express permission of the rightful owner of that computer.
What this means is that you can use Got It Back! on a computer that is not your own, but only for legitimate servicing purposes with the informed consent of the rightful owner of the computer.
6. Commercial Use: This software MAY NOT be used in conjunction with services provided for remuneration, barter, or material consideration of any kind unless a Commercial License is first obtained. If you do not have a Commercial License, you are prohibited from charging money to use this software. If you violate this term and charge a client for the use of The Software without first having a commercial license, you will be invoiced for a commercial license and vigorous collection action will proceed against you if that invoice is not paid in 30 days.
What this means is that if you bought this software from eBay or the Whirlwind Software website, you don't have a commercial license and cannot use this software as part of a consulting or PC servicing business. A Commercial license is an upgrade over and above the license you buy from us online and is available from Whirlwind Software for $195.00 USD (not including the original Activation Code) and is always transmitted by postal mail only. If you don't have a commercial license, and you charge someone to recover passwords or perform other services using The Software, and if we discover that unlicensed commercial use, you will owe us $195.00 USD and you will have to pay it in 30 days or NCO Financial will be calling you daily to demand payment. If this bothers you, click Decline.
7. Venue. In the event of a dispute pursuant to this agreement or in the event of a claim against Whirlwind Software or any of its agents, you agree to service of process in British Columbia and to the exclusive jurisdiction of the courts of the province of British Columbia, Canada.
8. Termination. With the exception of term 6 (Commercial use), if you violate any of the terms of this agreement, you forfeit your license to use The Software. No refund will be issued. If you violate term 6 (Commercial Use), you will pay the full amount for a Commercial License ($195.00 USD effective 2005/03/21). Whirlwind Software reserves the right to employ a collection agency in order to recover this debt if in its sole discretion Whirlwind Software believes you intend not to pay.
INDICATION OF AGREEMENT:
By opening the The Software CD packaging, or by breaking any sealing decal on The Software CD envelope, or by clicking the "Accept and Continue" button in The Software, you indicate your agreement to be bound by the terms of this license and indemnify and hold harmless Whirlwind Software and its agents, servants, and principals for any and all liability arising from your use of The Software on any computer, and indemnify and hold harmless Whirlwind Software and its agents, servants, and principals for any and all liability arising from the unauthorized use or authorized use by any other party of The Software on your computer or any computer under your control.