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Active@ KillDisk v 3.0 END-USER LICENSE AGREEMENT
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Copyright (c) 1998-2003 LSoft Techologies Inc
All rights reserved.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
IMPORTANT-READ CAREFULLY: This End-User License
Agreement ("EULA") is a legal agreement between you
(either an individual or a single entity) and The
LSoft Techologies for the Active@ KillDisk later
referred to as 'SOFTWARE'. By installing, copying,
or otherwise using 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 use the
SOFTWARE.
WE REQUIRE ALL OUR DEALERS TO PROVIDE EACH PURCHASER
WITH FREE DEMO OF THE SOFTWARE TO GET A FULL
UNDERSTANDING OF THE CAPABILITIES AND THE EASE OF USE
OF THE SOFTWARE. OUR DEALERS HAD TO RECOMMEND YOU TO
DOWNLOAD DEMO. WE WON'T ISSUE ANY REFUNDS AFTER
PURCHASING FULL VERSION OF THE SOFTWARE.
LSoft Techologies may have patents, patent
applications, trademarks, copyrights, or other
intellectual property rights covering subject matter
in this document. The furnishing of this document
does not give you any license to these patents,
trademarks, copyrights, or other intellectual
property.
SOFTWARE LICENSE
1. The SOFTWARE is licensed, not sold. Copyright laws
and international copyright treaties, as well as other
intellectual property laws and treaties protect the
SOFTWARE.
2. GRANT OF LICENSE.
(a) FREE DEMO COPY. You may use the full featured
DEMO SOFTWARE without charge on an evaluation basis
to erase floppies and hard disk drives using
[One Pass Zeros] data destruction method only.
You must pay the license fee and register your copy
to get professional version of the product that can
erase floppies and HDDs using other data destruction
methods, including DoD 5220.22-M, and the most secure
Gutmann's method.
(b) REDISTRIBUTION OF DEMO COPY. If you are using
DEMO SOFTWARE on an evaluation basis you may make
copies of the DEMO SOFTWARE as you wish; give exact
copies of the original DEMO SOFTWARE to anyone; and
distribute the DEMO SOFTWARE in its unmodified form
via electronic means (Internet, BBS's, Shareware
distribution libraries, CD-ROMs, etc.). You may not
charge any fee for the copy or use of the evaluation
DEMO SOFTWARE itself, but you may charge a
distribution fee that is reasonably related to any
cost you incur distributing the DEMO SOFTWARE (e.g.
packaging). You must not represent in any way that
you are selling the software itself. Your
distribution of the DEMO SOFTWARE will not entitle
you to any compensation from LSoft Techologies.
You must distribute a copy of this EULA
with any copy of the Software and anyone to whom you
distribute the SOFTWARE is subject to this EULA.
(c) REGISTERED COPY. After you have purchased the
license for SOFTWARE, and have received SOFTWARE
distribution package, you are licensed to copy the
SOFTWARE only into the number of floppy disks
corresponding to the number of licenses purchased.
Under no other circumstances may the SOFTWARE be
operated at the same time on more than the number
of floppy disks for which you have paid
a separate license fee. You may not duplicate the
SOFTWARE in whole or in part, except that you may
make one copy of the SOFTWARE for backup or archival
purposes. You may terminate this license at any time
by destroying the original and all copies of the
SOFTWARE in whatever form. You may permanently
transfer all of your rights under this EULA provided
you transfer all copies of the SOFTWARE (including
copies of all prior versions if the SOFTWARE is an
upgrade) and retain none, and the recipient agrees
to the terms of this EULA.
(d) SITE AND ENTERPRISE LICENSES
"Site" license means that you can use SOFTWARE
without of any limitations at one company's office
(one physical location).
"Enterprise" license means that you can use SOFTWARE
without of any limitations at all company's offices
and branches (worldwide).
3. RESTRICTIONS. You may not reverse engineer,
decompile, or disassemble the SOFTWARE, except and
only to the extent that such activity is expressly
permitted by applicable law notwithstanding this
limitation. You may not rent, lease, or lend the
SOFTWARE. You may permanently transfer all of your
rights under this EULA, provided the recipient
agrees to the terms of this EULA. You may not use the
SOFTWARE to perform any unauthorized transfer of
information (e.g. transfer of files in violation of a
copyright) or for any illegal purpose.
4. SUPPORT SERVICES. LSoft Techologies
may provide you with support services related to the
SOFTWARE. Use of Support Services is governed by the
LSoft Techologies polices and programs described in
the online documentation and web site, and/or other
LSoft Techologies-provided materials, as they may be
modified from time to time.
Any supplemental software code provided to you as part
of the Support Services shall be considered part of
the SOFTWARE and subject to the terms and conditions
of this EULA. With respect to technical information
you provide to LSoft Techologies as part
of the Support Services, LSoft Techologies may use such
information for its business purposes, including for
product support and development. LSoft Techologies will
not utilize such technical information in a form that
personally identifies you.
5. TERMINATION. Without prejudice to any other
rights, LSoft Techologies may terminate
this EULA if you fail to comply with the terms and
conditions of this EULA. In such event, you must
destroy all copies of the SOFTWARE.
6. COPYRIGHT. The SOFTWARE is protected by copyright
law and international treaty provisions. You
acknowledge that no title to the intellectual
property in the SOFTWARE is transferred to you.
You further acknowledge that title and full ownership
rights to the SOFTWARE will remain the exclusive
property of LSoft Techologies and you
will not acquire any rights to the SOFTWARE except as
expressly set forth in this license. You agree that
any copies of the SOFTWARE will contain the same
proprietary notices which appear on and in the
SOFTWARE.
7. DISCLAIMER OF WARRANTY. LSoft Techologies
expressly disclaims any warranty for the
SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION
IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OR
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF
USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
8. LIMITATION OF LIABILITY. IN NO EVENT SHALL LSOFT
TECHNOLOGIES OR ITS SUPPLIERS BE LIABLE TO
YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR
INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE
DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE, EVEN
IF LSOFT TECHNOLOGIES HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, LSOFT
TECHNOLOGIES'S ENTIRE LIABILITY UNDER ANY
PROVOSION OF THIS EULA SHALL BE LIMITED EXCLUSIVELY
TO PRODUCT REPLACEMENT.
LSoft Techologies reserves all rights not
expressly granted here.