End user agreement for DiskFerret
Swooft Software, LLC
LICENSE AGREEMENT AND LIMITED PRODUCT WARRANTY
PLEASE READ CAREFULLY BEFORE SOFTWARE INSTALLATION. Installing this software indicates your acceptance of these terms and conditions.
This Software End-User License Agreement grants you (You) a nonexclusive, nontransferrable license to use soley for your internal business purposes the Swooft Software, LLC software (Program) as selected and paid for by You and any accompanying documentation only on the condition that You accept all the terms contained in this License Agreement and Limited Product Warranty. If You have acquired a trial version of the Program, the Program is for evaluation purposes only. Your trial version will expire after a period of 30 days. Installation of the Program will indicate Your assent to all the terms contained herein. You assume responsibility for the selection of the program to achieve your intended results, and for the installation, use and results obtained from the program.
THIS PRODUCT (PROGRAM) IS A PROPRIETARY PRODUCT OF SWOOFT SOFTWARE, LLC AND IS PROTECTED BY COPYRIGHT LAWS. TITLE TO THIS PROGRAM, OR ANY COPY, MODIFICATION OR MERGED PORTION OF THE PROGRAM, SHALL AT ALL TIMES REMAIN WITH SWOOFT SOFTWARE, LLC.
1. LICENSE. This license is not a sale. Title, ownership rights, and intellectual property rights in and to the Program and Documentation shall remain in Swooft Software, LLC. You acknowledge that the Program, or any portions of the Pragram, in source code remains a confidential trade secret of Swooft Software, LLC. You may: (a) use the Program on a single central processing unit (CPU); (b) modify the Program and/or merge it into another program for your use on a single CPU (any portion of this Program merged into another program will continue to be subject to the terms and conditions of this Agreement); (c) Redistribute the trial version by any mean (CDROM, Cover Disc, Web site...) as long as you do not change the original package and distribute only the original install package.
2. RESTRICTIONS. You may not use the trial version after the evaluation period of 30 days. You may not use, copy, modify, reproduce, generate revenue, disclose, divulge, reverse assemble, reverse compile, reverse engineer, publish, or transfer the Program, or any copy, modification or merged portion, in whole or in part, except as expressly provided for in this Agreement. You may not disclose any of Swooft Software, LLC’s proprietary or trade scecret information relating to the Program to any third party. You agree to secure and protect the Program, Documentation and copies thereof in a manner consistent with the maintenance of the of Swooft Software, LLC’s rights therein and to take appropriate action by instruction or agreement with your employees or consultants who are permitted access to the Program satisfy you obligations hereunder Failure to abide by the above restrictions will result in automatic termination of this license and will make available to Swooft Software, LLC other legal remedies.
3. TRIAL VERSION DISTRIBUTION. You are hereby licensed to make as many copies of the 30 day trial version as you wish and distribute it to anyone provided that all files are intact. You must distribute the install form of the trial vrsion (you must distribute the INSTALL file, not the files resulting from an installation). You are not allowed to sell the trial version, except for shipping and handling charges. You are authorized to distribute the trial version on any media without permission from Swooft Software, LLC. Shareware Catalog Web sites are authorized to distribute the trial version as a download file (hosted or linked to diskferret.com or swooftsoft.com) without permission from Swooft Software, LLC.
4. SINGLE LICENSE. One licensed copy of the software may be used non-simultaneously by a single user on up to 3 fixed computers, or may be used non-simultaneously by multiple users on a single computer.
5. SITE LICENSE. When you purchase a Site License you (company) can use the program in a business, academic, or government environment. You may use the program on an unlimited number of computers at a single geographic location.
6. ENTERPRISE LICENSE. When you purchase an Enterprise License you (company) can use the program in a business, academic, or government environment. You may use the program on an unlimited number of computers at unlimited geographic locations.
7. TERM. The license is effective until terminated. You may terminate it at any time by destroying the Program together with all copies, modifications and merged portions in any form. It will also terminate upon conditions set forth elsewhere in this Agreement, if you fail to comply with any term or condition of this Agreement, or if you fail to pay the appropriate license fee(s). You agree upon such termination to destroy the Program together with all copies, modifications and merged portions in any form.
8. LIMITED WARRANTY. SWOOFT SOFTWARE, LLC GRANTS YOU A LIMITED WARRANTY THAT THE MEDIA ON WHICH THE PROGRAM IS FURNISHED TO BE SUBSTANTIALLY FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR A PERIOD OF THIRTY (30) DAYS FROM THE DATE OF SHIPMENT TO YOU. SWOOFT SOFTWARE, LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU EXCEPT AS SPECIFIED HEREIN. THE PROGRAM IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHICH ARE EXPRESSLY DISCLAIMED. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
9. LIMITATION OF LIABILITY. IN NO EVENT WILL SWOOFT SOFTWARE, LLC, OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, OR OTHER RELATED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PROGRAM OR ANY PART THEREOF, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF SWOOFT SOFTWARE, LLC HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so this limitation or exclusion may not apply to you.
10. PROPRIETARY RIGHTS. You acknowledge that this License is not a sale of the original Program or any copies thereof. Swooft Software, LLC retains ownership of the Program and all subsequent copies, modifications and portions of the Program merged into other programs regardless of the form in which the copies may exist.
11. ENTIRE AGREEMENT. You acknowledge that you have read this Agreement, understand it, and that it is the complete and exclusive statement of your agreement with Swooft Software, LLC which supersedes any prior agreement, oral or written, and any other communications between Swooft Software, LLC and you relating to the subject matter of this Agreement.
12. U.S. GOVERNMENT RESTRICTED RIGHTS. The Program is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software--Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is Swooft Software, LLC, 1803 Leiden Court, Dunwoody, Georgia, 30338.
13. GOVERNING LAW. This Agreement will be governed and interpreted in accordance with the substantive laws of the State of Georgia. Should you have any questions concerning this Agreement, you may contact us by writing Swooft Software, LLC, 1803 Leiden Court, Dunwoody, Georgia 30338.
Swooft Software, LLC
LICENSE AGREEMENT AND LIMITED PRODUCT WARRANTY
Copyright 2009-2011 Swooft Software, LLC, Dunwoody, GA. All rights Reserved