End user agreement for SoftRescue Pro Edition
SoftRescue Pro Edition
Read the terms of this agreement carefully before using the software. By using the software, you agree to the terms of this agreement. If you do not agree to all these terms, promptly remove the software from you system.
This EULA is a binding legal agreement between you and Anovasoft AS (hereinafter "Licensor") for the materials accompanying this EULA, including the accompanying software, associated media, printed materials and any "online" or electronic documentation (hereinafter the "Software"). By installing the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or attempt to use the Software.
The "Software" means: Everything that is distributed by licensor under the product Name: SoftRescue. That includes operating manuals, instructions, literature and other materials, in eye-readable and/or electronic form included into "Software" distribution package.
2. License to use
Subject to the provisions contained herein, Anovasoft grants you a worldwide, perpetual, non-exclusive license to use the software on four (4) workstations. This agreement shall become effective from the date of first use of the software by licensee. This agreement does not grant licensee any right to any other versions of the software, including all upgrades, derivatives, enhancement or other editions of the software.
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. This EULA grants you the following rights:
• You may install, use, display and run four (4) copies of the full license software, limited to only two (2) computers, workstations, servers or terminals (hereinafter the "Computer") at the same time. You may install, use, display and run two (2) copies of the OEM license software, limited to only two (2) computers, workstations, servers or terminals (hereinafter the "Computer") at the same time. OEM The primary user of the Computer on which the Software is installed may make a second copy for his or her exclusive use for archival purposes only.
• Your License rights under this EULA are non-exclusive. All rights not expressly granted herein are reserved by Licensor.
• You may not sell, transfer or convey the Software to any third party without "Licensor" prior express written consent.
• You may reset your account a total of three times. After this you have to buy additional license to transfer the Software to other computers.
The software is licensed to licensee only under the terms of this agreement, and licensor reserves all rights not expressly granted to licensee. Licensee may not use, copy, modify, or transfer the software, or any copy thereof, except as expressly provided for in this agreement. Licensee my not disassemble, decompile, or otherwise translate the software, or otherwise attempt to derive the source code of the software. Licensee may not market and distribute Software in an unbundled version. Licensor may revise or cease to provide the software or its functionality or any part thereof including without limitation, loss of compatibility, denial of access to the functionality of the software or the licensors network, system, web site, servers, various directories and listings, message boards, tools, information and databases, commercial activities related thereto or any part thereof, from time to time without prior notification to licensee.
4. Price and Payment
If you have not previously paid the license fee for the Software, then you must pay the license fee within the period indicated in the applicable invoice sent to you by Licensor prior to use.
5. Proprietary rights
Title, ownership rights and intellectual property rights of whatever nature in the software are and shall remain the property of licensor and licensor reserves the right to grant licenses to use the software to any other party or parties. Implied licenses are negated. Licensee shall notify licensor immediately if this license becomes aware of any unauthorized use of the whole or any part of the software by any person.
6. Support Services
The Support Web Site is an active part of the Service and any use of the website is governed by the same terms and conditions of this Agreement.
7. Replacemet, Modification and/or Upgrades
Licensor may, from time to time, and for a fee, replace, modify or upgrade the Software. When accepted by you, any such replacement or modified Software code or upgrade to the Software will be considered part of the Software and subject to the terms of this EULA (unless this EULA is superceded by a further EULA accompanying such replacement or modified version of or upgrade to the Software.) You admit that you have to be connected to the Internet when using the Software.
You may terminate this EULA at any time by destroying all your copies of the Software. Your license to the Software automatically terminates if you fail to comply with the terms of this agreement. Upon termination, you are required to remove the Software form your Computer and destroy any copies of the Software in your possession.
The Licensor is free to terminate your license if you use the Software for illegal activities like unauthorized distribution of games.
All title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music and text incorporated into the Software), the accompanying printed materials, and any copies of the software, are owned by Licensor or its suppliers. This EULA grants you no rights to use such content. If this Software contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation. Except for any copies of this EULA, you may not copy the printed materials accompanying the Software.
You may not to reverse engineer, de-compile, disassemble, alter, duplicate, modify, rent, lease, loan, sublicense, make copies of, create derivative works from, distribute or provide others with the Software in whole or part, transmit or communicate the application over a network.
9. Export restrictions
You may not export, ship, transmit or re-export software in violation of any applicable law or regulation including but not limited to Export Administration Regulations issued by the U.S. Department of Commerce.
10. Limitation of Liability
IN NO EVENT WILL ANOVASOFT BE LIABLE FOR ANY DAMAGES, INCLUDING LOSS OF DATA, LOST OPPORTUNITY OR PROFITS, COST OF COVER OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT OR INDIRECT DAMAGES ARISING FROM OR RELATING TO THE USE OF THE SOFTWARE, HOWEVER CAUSED ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF ANOVASOFT HAS BEEN ADVISED OR GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGE. THE ENTIRE RISK AS TO THE USE OF THE SOFTWARE IS ASSUMED BY THE USER. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, THIS LIMITATION MAY NOT APPLY TO YOU.
11. Disclaimer of Warranties
TO THE EXTENT PERMITTED BY APPLICABLE LAW ALL ANOVASOFT SOFTWARE, INCLUDING THE IMAGES AND/OR COMPONENTS, IS PROVIDED "AS IS" AND WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND BY EITHER ANOVASOFT OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF SUCH SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NO
COVENANTS, WARRANTIES OR INDEMNITIES OF ANY KIND ARE GRANTED BY ANOVASOFT TO THE USER. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE IS WITH YOU. YOU HEREBY ADMIT THAT YOU TAKE ALL RESPONSIBILITY BY USING THE SOFTWARE AND EIDITING YOUR FILES AND/OR REGISTRY. YOU HEREBY ADMIT THAT YOU SHALL NOT, UNDER ANY CIRCUMSTANCES, USE THE SOFTWARE FOR PIRACY OR CRIMINAL MEASURES. THE LICENSOR HAVE NO RESPONSIBILITY WHAT SO EVER.
Licensee undertakes to treat as confidential and keep secret all information contained or embodied in the software and all information conveyed to licensee by the licensor (hereinafter "information"). Licensee must use reasonable efforts to maintain the confidentiality of the information, including ensuring that the software used only for the purposes it is licensed, and that the software is not otherwise used or copied. The foregoing obligation shall remain in full force and effect notwithstanding any termination of this agreement.
13. License right
All inventions, copyrights, intellectual property, trade secrets or any other derived product created by licensee through its use of the software shall be the sole property of licensee. Licensee hereby grant to licensor a worldwide, irrevocable, royalty-free license under all intellectual property rights (including copyright) to use, copy, distribute, sublicense, display, perform and prepare derivative works based upon any feedback, including materials, fixes, error corrections, enhancements, software derivatives, suggestions and the like that licensee provide to licensor. The foregoing license shall remain in full force and effect notwithstanding any termination of this agreement.
This agreement shall become effective from the date of first use of the software by licensee and shall continue for a period until terminated. The agreement will terminate automatically with no delay, if Licensee violates any obligation of this agreement or fails to comply with any provision of this agreement or limitation described herein.
15. Maintenance and support
Licensor provides free support for the full license software and no support for the OEM license software under this agreement. Maintenance is provided through the software live update function for the current version.
This agreement is the entire agreement between you and Anovasoft relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgement, or other communication between the parties relating to its subject matter during the term of this agreement. No modification of this agreement will be binding, unless in writing and signed by an authorized representative of each party.