End user agreement for O&O DiskImage
Software License Agreement
O&O DiskImage 3 Professional Edition
END-USER LICENSE AGREEMENT (EULA) for
O&O DISKIMAGE 3
IMPORTANT – PLEASE READ CAREFULLY
This end user license agreement is a legally binding contract between
yourself (as a natural or a legal person) and the company O&O Software
GmbH (O&O) for the software product named above. By installing the
software product, you declare your agreement with all conditions of the
If you do not agree with the conditions of the license agreement, you are not
entitled to install or use the software product. Should this be the case, you
can return the software product along with a copy of the invoice or receipt to
the distributor from whom the product was purchased in exchange for a full
The software product is protected by copyright laws and international
copyright contracts as well as other laws and agreements concerning
This software product utilizes licensed Microsoft Windows technology. It
may only be used in a manner outlined in this agreement and in the product
documentation. It may not be changed or modified in any way. This
software is not meant as an independent operating system, but rather a
software that enables the configuration and restoration of computer systems
and their data in an emergency. Please note that this product will restart
without warning after twenty-four (24) hours of continuous operation.
1. Subject of the contract, System requirements
The subject of this contract is the computer program, the description thereof
and the user manual as well as any other accompanying written material.
This will henceforth also be referred to as “software”.
O&O wishes to point out that, at the current state of technology, it is not
possible to create software that works perfectly in all applications and
combinations. The subject of this contract is therefore a software program
that is fit for the purposes detailed in the description and the user manual.
The software requires Windows 2000 Professional or Windows XP (all
Editions) operating systems. The use of the software per the contract cannot
be guaranteed without one of the aforementioned systems.
2. License granting
For the duration of this contract, O&O grants you the simple, non-exclusive
and personal right (henceforth referred to as "license") to use a copy of the
software on a single computer. If this single computer is a multi-user
system, this right applies for all users of the system.
As license holder you may transfer software saved on a data storage medium
from one computer to another, provided that such software will only ever be
used on a single computer. Repeated and deliberate installation, use, and
subsequent uninstallation on various computers (floating license) is
3. Trial version, license cost
You are entitled to test the software without obligation and free of charge
for a period of 30 days. Should you wish to use the software beyond the 30
day period, you must purchase an appropriate license from O&O or your
4. Description of further rights and limits
The license-holder is prohibited from:
altering, translating, reverse-developing, decompiling or
disassembling the software without the advance written permission
creating products derived from the software or making copies of
the written material, translating or altering the written material or
creating products derived from the written material
distributing copies of the software to third parties
changing or removing the copyright mark on the copies of the
renting out, - or lending the software
The license holder is permitted to transfer all rights from this license
agreement permanently to another person, provided that the recipient also
agrees to all conditions of this license.
The license holder must use the software only in compliance with all
relevant laws and international treaties.
5. Length of the agreement
This agreement is valid indefinitely. The right of a license-holder to use this
software is removed automatically and without notice if he or she violates
one of the terms of this agreement. At the end of the period of right to use,
the license-holder is obliged to destroy the software, all copies of the
software, and the written material.
6. Compensation for breach of contract
O&O would like to point out that you are responsible for any damages
arising from breach of copyright if you violate these contract terms.
7. Changes and Updates
O&O is entitled to update the software as it wishes. O&O is not obliged to
make updated versions available to license holders who have not registered
their product with O&O, or who have not paid the update fee. Any
additional software code that is made available to you as an update is
considered a part of the software and is therefore subject to the terms of this
8. O&O’s Guarantees and Responsibility
O&O guarantees the original license-holder that the data medium
carrying the software is free of errors at the point of delivery,
assuming normal operating conditions and a normal level of
If the delivered data carrier is faulty, the purchaser can demand a
replacement during the 24-month guarantee period. For this, he or
she must return the data carrier, any back-up copies and the written
material along with a copy of the invoice or receipt to O&O or to
the dealer where the product was purchased.
If a fault as described in clause 9 b is not corrected by means of a
replacement delivery within a reasonable time period, the purchaser
can demand either that the sale price be reduced or that the contract
For these reasons and for those mentioned in clause 1 of this
contract, O&O accepts no responsibility for mistakes in the
software. In particular, O&O does not guarantee that the software
will meet the particular requirements and demands of the purchaser
or that it will function together with other software he or she has
chosen. The purchaser is responsible for the correct choice of
software and the consequences of the use of that software, as well
as the results aimed at or intended. The same principle applies to
the written material that accompanies the software. If the software
is fundamentally unfit for use as described in clause 1, the
customer has the right to cancel the contract. O&O has the same
right should the creation of software that is fundamentally fit for
use as described in clause 1 not be practically possible.
O&O is not responsible for any damages, unless such damages are
caused deliberately or arise from gross negligence on the part of
O&O. In contracts with traders, an assumption of responsibility for
gross negligence is excluded. This does not apply to assurances by
O&O that refer to specific characteristics. Responsibility for
damages not included in such an assurance will not be accepted.
Damages for data loss will be restricted to the typical recovery
costs incurred in an environment where regular and appropriate
backup copies have been created.
If the license-holder is a registered merchant under German law, the law that
applies to this contract is the law of the Federal Republic of Germany. In
this case, the state and federal courts of the Federal Republic of Germany