End user agreement for MediaRECOVER Data Recovery
MediaRECOVER, Inc. License Agreement.
Software License Agreement
Read the terms and conditions of this license agreement carefully, the computer software therein, and the accompanying user documentation (the "program"). The program is copyrighted and licensed. By opening the package containing the program, you are accepting and agreeing to the terms of this license agreement. This license agreement represents the entire agreement concerning the program between you and MediaRECOVER, Inc. (referred to as "licensor"), and it supersedes any prior proposal, representation, or understanding between the parties.
License Grant. Licensor hereby grants to you, and you accept, a nonexclusive license to use the Program/CD and the computer programs contained therein in machine-readable, object code form only (collectively referred to as the "Software"), and the accompanying User Documentation, only as authorized in this License Agreement. The Software may be used only on the number of computers for which it is licensed or in the event of the inoperability of any computer, on a backup computer selected by you. Neither concurrent use on more computers nor use in a local area network or other network is permitted without separate authorization and the payment of other license fees. You agree that you will not assign, sublicense, transfer, pledge, lease, rent, or share your rights under this License Agreement. You agree that you may not reverse assemble, reverse compile, or otherwise translate the Software. Upon loading the Software into your computer, you may retain the Program/CD for backup purposes. In addition, you may make one copy of the Software on a second set of Program/CD for the purpose of backup in the event the Program/CDs are damaged or destroyed. You may make one copy of the User's Manual for backup purposes. Any such copies of the Software or the User's Manual shall include Licensor's copyright and other proprietary notices. Except as authorized under this paragraph, no copies of the Program or any portions thereof may be made by you or any person under your authority or control.
Licensor's Rights. The license fees, if applicable are paid by you in consideration of the licenses granted under this License Agreement.
Term. This License Agreement is effective upon your opening of this package, or clicking on the Purchase button on the product purchase page, and shall continue until terminated. You may terminate this License Agreement at any time by returning the Program and all copies thereof and extracts there from to Licensor. Licensor may terminate this License Agreement upon any breach by you of any term hereof. Upon such termination by Licensor, you agree to return to Licensor the Program and all copies and portions thereof. Termination of this agreement is not ground for a refund of the license fees.
Limited Warranty. Licensor warrants, for your benefit alone, for a period of 90 days from the date of commencement of this License Agreement (referred to as the "Warranty Period") that the Program/CD in which the Software is contained are free from defects in material and workmanship. If during the Warranty Period, a defect in the Program appears you may return the Program to Licensor for either replacement or repair. You agree that the foregoing constitutes your sole and exclusive remedy for breach by Licensor of any warranties made under this Agreement. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE PROGRAM, AND THE SOFTWARE CONTAINED THEREIN, ARE LICENSED "AS IS," AND LICENSOR DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability. Licensor's cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the license fee paid to Licensor for the use of the Program. In no event shall Licensor be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if Licensor has been advised of the possibility of such damages. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Trademark. MediaRECOVER is a registered trademark of Licensor. No right, license, or interest to such trademark is granted hereunder, and you agree that you shall assert no such right, license, or interest with respect to such trademark.
Copyright 2005 MediaRECOVER, LLC