End user agreement for DataNumen Database Recovery
DataNumen Database Recovery Copyright(C) 2001 - 2006 DataNumen, Inc., All rights reserved.
All rights reserved.
DataNumen Database Recovery END-USER LICENSE AGREEMENT
This DataNumen Database Recovery End-User License Agreement (the "Agreement") is a legal agreement between you (either an individual or a single entity) and DataNumen, Inc. ("DNI") setting forth how you can use DataNumen Database Recovery, including the computer programs, documentation and any other associated media ("THE SOFTWARE"). You acknowledge that you agree to its terms by downloading, installing, and/or using THE SOFTWARE.
1. License Grant - Shareware. THE SOFTWARE is licensed as a "SHAREWARE" version, on one computer only. You may use THE SOFTWARE distributed and licensed as SHAREWARE on a trial basis only. The shareware version of THE SOFTWARE may be distributed freely without any associated fees to other parties who wish to try THE SOFTWARE as long as THE SOFTWARE is distributed within an exact copy of the original DNI's installation file.
2. Ownership of Property Rights. THE SOFTWARE is licensed, not sold. All software, help files, et cetera are and will remain the property of DNI and are protected by United States copyright laws, other applicable copyright laws and international treaty provisions.
3. NOT A SITE LICENSE. You may install THE SOFTWARE on a single computer. You may not install The SOFTWARE on multiple computers or a network server unless you have purchased a separate Site License. Please refer to the "Get Multiple-user License" in this help document for further details. PLEASE NOTE THAT A SITE LICENSE INCLUDES ONE COPY OF THE SOFTWARE, DOCUMENTATION AND ANY OTHER ASSOCIATED MEDIA. The Site License allows you to copy the software for the number of machines licensed.
4. License Limits. All licenses are prepaid, non-exclusive and non-transferable. You agree that you will not decompile or reverse engineer THE SOFTWARE or utilize any information obtained from DNI or obtained or learned in the course of using THE SOFTWARE, to develop or improve technology with similar functionality to THE SOFTWARE, nor will you directly or indirectly assist any other party in doing so. You further agree that you will not separate the various modules of THE SOFTWARE for their different purposes, if any.
5. WARRANTY DISCLAIMER. ALL PROGRAMS ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER IMPLIED OR EXPRESSED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR DATA INTEGRITY, OR PROTECTION. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH THE USER. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU, AND NOT DNI ASSUME THE ENTIRE COST OF ANY NECESSARY REPAIRS OR CORRECTIONS. DNI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED WITHIN ANY OF ITS PROGRAMS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF ANY OF ITS PROGRAMS WILL BE UNINTERRUPTED OR ERROR FREE.
6. LIMITATION OF REMEDIES. IN NO EVENT WILL DNI BE LIABLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTIONS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE PROGRAMS (WHETHER OR NOT DUE TO ANY DEFECTS THEREIN) EVEN IF DNI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT SHALL DNI'S LIABILITY EVER EXCEED THE PRICE PAID FOR THE LICENSE TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF THE CLAIM.
7. ACKNOWLEDGMENT. Your use of THE SOFTWARE produced by DNI is based only on your acknowledgement that you have read this Agreement, understand it, and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the Agreement between you and DNI which supersedes all proposals or prior agreements, oral or written, and all other communications between you and DNI relating to the subject matter of this Agreement.