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EULA.TXT
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2004-02-20
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END USER LICENSE AGREEMENT FOR DefragMentor Premium
2.0 (EULA)
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 DefragMentor
Software for the software product named above. By installing the
software product, you declare your agreement with all conditions of the
license agreement.
If you do not agree with the conditions of the license agreement, you
are not entitled to install or use the software product.
The software product is protected by copyright laws and international
copyright contracts as well as other laws and agreements concerning
intellectual property.
1. Subject of the contract
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".
DefragMentor Software 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.
You are entitled to test the software free of charge and without
obligation for a period of 10 days. If you wish to continue using the
software after this 10 day period, you must purchase the relevant
license.
2. License granting
For the duration of this contract, DefragMentor Software 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 has multiple users, this user right applies to all users of
the system.
As a license-holder, you may physically transfer the software (i.e. saved
on a data carrying medium), on condition that it not be used on more
than one computer at a time. Further use, especially repeated
installation, use, and subsequent uninstallation on various computers
(floating license) is prohibited.
3. Description of further rights and limits
The license-holder is prohibited from;
(a) altering, translating, reverse-developing, decompiling or
disassembling the software without the advance written permission of
DefragMentor Software
(b) 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
(c) distributing copies of the software to third parties
(d) changing or removing the copyright mark on the copies of the
software
(e) 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.
4. Ownership of rights
Any ownership rights applying to the software, including but not
limited to copyright laws, belong to DefragMentor Software. Any not
explicitly claimed rights are reserved by DefragMentor Software.
The purchase of a license for a product simply grants a right to use the
software as described in the conditions of the license agreement. This
does not imply a right to the software itself. In particular, DefragMentor
Software reserves all publication, multiplication, processing and
utilization rights to the software.
5. Reproduction
The software and accompanying written material are protected by
copyright laws. The user has the right to create copies of the software
for back-up and archiving purposes. He or she is thereby also obliged to
reproduce DefragMentor Software's copyright mark on the physical
medium or in the program. A copyright mark present in the software
may not be removed. Copying or reproducing the software in original
or altered form, or merged with or included in other software, is
explicitly forbidden.
Provided you pass on only the test version, you may reproduce the
installation data as often as you wish. However, you may only pass on
exact copies and may not alter these in any way.
For such reproduction, you may not demand any kind of compensation.
You may not distribute or market this product in combination with
other products - whether commercially or non-commercially - without
the advance written permission of DefragMentor Software.
6. 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.
7. Compensation for breach of contract
DefragMentor Software would like to point out that you are responsible
for any damages arising from breach of copyright if you violate these
contract terms.
8. Changes and Updates
DefragMentor Software is entitled to update the software as it wishes.
DefragMentor Software is not obliged to make updated versions
available to license holders who have not registered their product with
DefragMentor Software, 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 agreement.
9. DefragMentor Software's Guarantees and Responsibility
(a) DefragMentor Software 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
maintenance.
(b) 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 DefragMentor Software or
to the dealer where the product was purchased.
(c) 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 be
canceled.
(d) For these reasons and for those mentioned in clause 1 of this
contract, DefragMentor Software accepts no responsibility for mistakes
in the software. In particular, DefragMentor Software 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. DefragMentor Software
has the same right should the creation of software that is fundamentally
fit for use as described in clause 1 not be practically possible.
10. Exclusion of incidental, consequential and certain other damages.
To the maximum extent permitted by applicable law, in no event shall
DefragMentor Software or its suppliers be liable for any direct, special,
incidental, indirect, punitive, consequential or other damages
whatsoever (including, but not limited to, damages for: loss of profits,
loss of confidential or other information, business interruption, personal
injury, loss of privacy, failure to meet any duty (including of good faith
or of reasonable care), negligence, and any other pecuniary or other loss
whatsoever) arising out of or in any way related to the use of or
inability to use the software or support services, the provision of or
failure to provide support services, or otherwise under or in connection
with any provision of this agreement, even in the event of the fault, tort
(including negligence), strict liability, breach of contract or breach of
warranty of DefragMentor Software or any supplier, and even if
DefragMentor Software or any supplier has been advised of the
possibility of such damages.