End user agreement for Burn My Files
License Agreement for GetData Software
This document is a legally binding agreement between you and GetData Pty Ltd ABN 79 100 297 149 ("GetData Software Company"), the developer of the software program. Permission to use the Software and any documentation included with the Software ("Documentation") is conditional upon you agreeing to the terms set out below. By installing or otherwise using the Software you agree to be bound by the terms of this agreement. If you do not wish to accept the terms, do not install or use the Software and (if using a CD-ROM) return the Software and Documentation to GetData Software Company in its original packaging within 14 days of receiving the Software.
In consideration of the payment by you of the applicable fees, GetData Software Company grants to you, and you accept, a nonexclusive non-transferable license to use the Software and Documentation. GetData Software Company is and remains the exclusive owner of the Software and the Documentation. You acknowledge that copyright in the Software and Documentation remains at all times with GetData Software Company. Unauthorized copying or modification of the Software and/or Documentation will entitle GetData Software Company to immediately terminate this Agreement. GetData Software Company shall have the right to check license details at any time in any reasonable manner.
You may freely distribute the trial version of the Software.
A license of the software permits you to use one copy of the Software on a single computer or, in the event that you have purchased multiple licenses, to install the Software concurrently on multiple computers equivalent to the number of licenses that you have purchased.
Standard license: The 'Standard license' permits you to use one copy of the Software on a single computer or, in the event that you have purchased multiple licenses, to install the Software concurrently on multiple computers equivalent to the number of licenses that you have purchased. The standard license does not allow you to use the Software to perform commercial data recovery services for other parties (see the "Recovery technician license).
Recovery technician license: (This license does not apply to all products). A “Recovery Technician” license of the software permits a data recovery technician to install and use the program on customer’s computers for the purpose of performing data recovery services. The software is licensed to the data recovery technician and must be uninstalled from the customer’s computer once the data recovery service is complete. A “Recovery Technician” license is a single license. It may not be used concurrently by multiple data recovery technicians. In this instance, multiple “Recovery Technician” licenses are required.
Site license: A site license permits you to install and use the software on all computers (including mobile users) at one geographic site location. For example, a business is classed as a single site even though there may be multiple buildings at the one location. However, if the business has offices in 2 cities that would require 2 separate site licenses.
You are not permitted to share the registration key information provided to you for this Software with other users. Doing so will entitle GetData Software Company to immediately terminate this Agreement.
Unless you have purchased multiple licenses, this license does not permit you to load or use the Software on a network server or similar device which permits access by multiple computers.
GetData Software Company may from time to time revise or update the Software and shall make such revisions or updates available subject to payment of the applicable license fee. Support for the Software is provided via the website at www.getdata.com.
The Software and Documentation is protected under United States law and international law and international conventions and treaties. You may not rent, lease, sublicense, assign or otherwise transfer use of the Software to others without the express written permission of GetData Software Company. Doing so will entitle GetData Software Company to immediately terminate this Agreement.
Except to the extent applicable law specifically prohibits such restrictions, you may not reverse engineer, reverse compile, disassemble or otherwise modify the Software in any way.
You are solely responsible for protecting yourself, your data, your systems and your hardware used in connection with the Software. GetData Software Company will not be liable for any damages suffered from the use of the Software.
BY USING THIS SOFTWARE, YOU EXPRESSLY AGREE THAT ALL RISKS ASSOCIATED WITH THE PERFORMANCE AND QUALITY OF THE SOFTWARE IS ASSUMED SOLELY BY YOU. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE EXERCISED YOUR INDEPENDENT JUDGEMENT IN ACQUIRING THE SOFTWARE.
TO THE EXTENT PERMITTED BY LAW, GETDATA SOFTWARE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF GETDATA SOFTWARE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SOFTWARE IS MADE AVAILABLE BY GETDATA SOFTWARE COMPANY "AS IS" AND "WITH ALL FAULTS". TO THE EXTENT PERMITTED BY LAW, GETDATA SOFTWARE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE QUALITY, SAFETY OR SUITABILITY OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT THE SOFTWARE IS ERROR FREE.
IF ANY CONDITION OR WARRANTY IS IMPLIED INTO THIS AGREEMENT UNDER ANY APPLICABLE LEGISLATION CANNOT BE EXCLUDED, OR IF NOTWITHSTANDING THE EXCLUSION OF LIABILITY ABOVE GETDATA SOFTWARE COMPANY IS OTHERWISE LIABLE TO YOU, THEN TO THE EXTENT PERMITTED BY LAW THE LIABILITY OF GETDATA SOFTWARE COMPANY FOR BREACH OF THE CONDITION OR WARRANTY WILL BE LIMITED TO ONE OR MORE OF THE FOLLOWING AS DETERMINED BY GETDATA SOFTWARE COMPANY IN ITS ABSOLUTE DISCRETION:
(i) IN THE CASE OF GOODS, (A) THE REPLACEMENT OR SUPPLY OF EQUIVALENT GOODS OR THE REPAIR OF THE GOODS; OR (B) THE PAYMENT OF THE COST OF REPLACING THE GOODS, ACQUIRING EQUIVALENT GOODS, OR HAVING THE GOODS REPAIRED; AND
(ii) IN THE CASE OF SERVICES, THE SUPPLYING OF THE SERVICES AGAIN OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.
This agreement cannot be changed or altered except by a written document signed by you and GetData Software Company. This agreement is governed by the laws in force in New South Wales, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales, Australia.