End user agreement for DataNumen Exchange Recovery
DataNumen Exchange Recovery Full Version License
DataNumen Exchange Recovery Copyright © 2001 - 2014 by DataNumen, Inc.
All rights reserved.
This full version license is for users who have purchased from DataNumen, Inc. a valid full version of DataNumen Exchange Recovery. If you are using the demo version and have not purchased a valid full version of DataNumen Exchange Recovery, please refer to DataNumen Exchange Recovery Demo Version License in this help document.
DataNumen Exchange Recovery FULL VERSION END-USER LICENSE AGREEMENT
Your Agreement to this License
This license only applies to the executable code for the full version of DataNumen Exchange Recovery software and any accompanying distributable files, data and materials ("THE SOFTWARE"). You should carefully read the following terms and conditions before using, installing, copying, or distributing THE SOFTWARE. Unless otherwise agreed in a writing signed by an authorized representative of DataNumen, Inc. ("DNI"), your use, installation, copying, or distribution of THE SOFTWARE indicates your acceptance of this agreement ("License"). You understand and agree that the terms and conditions of this License are the only terms and conditions applicable to your purchase of this License or use of THE SOFTWARE and any additional or different terms specified, referenced, and/or incorporated by any document provided by you or on your behalf are hereby rejected by DNI.
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, or distribute THE SOFTWARE.
The terms and conditions of this License describe the permitted use and user(s) of each Licensed Copy of THE SOFTWARE.
Scope of License
Subject to the terms of this License, DNI grants to you, for each Licensed Copy, a limited, non-exclusive, non-transferable, license to install and use THE SOFTWARE, solely for your personal or internal business purposes.
If you have purchased a single-user license, you have the right to install and use a single copy of THE SOFTWARE on one computer or workstation for the exclusive use of the person who obtains the License from DNI. If you have purchased a multi-user license, you have the right to install or access a copy of THE SOFTWARE on multiple computers up to the number of "Licensed Copies" that you have acquired, as determined below. If you have purchased a site license, you have the right to install or access a copy of THE SOFTWARE on any number of computers in the organization that has acquired the License.
You may not give, transfer or sell copies of THE SOFTWARE to your customer(s), or any third party, in whole or in part, nor include copies of THE SOFTWARE, in whole or in part, in, or with, products you sell.
Each Licensed Copy may be accessed through a network, provided that you have purchased a Licensed Copy for each workstation that will access THE SOFTWARE through the network. For instance, if 8 different workstations will access THE SOFTWARE on the network, you must purchase 8 Licensed Copies of THE SOFTWARE, regardless of whether the 8 workstations will access THE SOFTWARE at different times, or concurrently.
If you have purchased a Multi-User License, you are responsible for duplicating and distributing THE SOFTWARE for use in accordance with the terms of this License, and for monitoring the number of copies of THE SOFTWARE installed and used by your organization and you agree that upon request from DNI or DNI's authorized representative, you will within thirty (30) days fully document and certify the number of copies of THE SOFTWARE you have installed. Under a Multi-User License, you may install THE SOFTWARE only on computers operated by, or on behalf of, your organization.
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. THE SOFTWARE is protected by the United States copyright laws and other applicable national and international laws and treaties.
You may use, install and distribute THE SOFTWARE solely as expressly provided in this License. You may not rent, lease, loan, 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.
THE SOFTWARE, including, without limitation, the information included in its accompanying distributable files, data and materials and any 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.
You may not assign, sublicense, subcontract, or otherwise transfer any of your rights or obligations or delegate any of your duties under this License, in whole or in part, without the prior written consent of DNI. Notwithstanding anything to the contrary, any assignment of this License or any rights or obligations hereunder is contingent upon the intended assignee agreeing to be bound by the terms of this License and all responsibilities and obligations of the assignor hereunder.
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.
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.