IMPORTANT NOTICE. Read this License Agreement carefully before downloading or using this Software. BY DOWNLOADING OR USING THIS SOFTWARE IN ANY WAY YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD THIS SOFTWARE, DO NOT USE THIS SOFTWARE IN ANY WAY, AND PROMPTLY RETURN IT TO YOUR PLACE OF PURCHASE OR DELETE OR DESTROY ANY COPIES OF THIS SOFTWARE IN YOUR POSSESSION.
LICENSE GRANT. ONTRACK Data International, Inc. or any subsidiary ("ONTRACK") grants you a non-exclusive license to use this software, and any associated documentation ("Software"), for internal purposes only, as indicated herein. If you have purchased a Single User License, you may install and use one copy of the Software on a single computer. The Software is in "use" on a single computer when it has been loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk or other storage device) of that computer. If you have purchased a Multiple User License in conjunction with a Single User License, you may install and use the Software on the number of computers authorized at the time of purchase.
OTHER RESTRICTIONS. You shall not: (a) remove any product identification, copyright notices, or other notices or proprietary restrictions from this Software; (b) lease, rent, or transfer this Software to another or use this Software for commercial or financial gain including, but not limited to, use in performing technical, consulting or data recovery services, without the prior written approval of ONTRACK; (c) cause or permit reverse engineering, disassembly, decompilation or alteration of this Software except to the extent such restriction is expressly prohibited by applicable law.
TERM. If this Software is a trial version, this License is effective until the expiration of the trial period unless earlier terminated in accordance with this Agreement. At the end of the trial period the Software will disable itself and you will no longer be able to use the Software. You will, however, be directed as to where you may purchase the full version of the Software. If you have purchased the full version of the Software, this License is effective until terminated. You may terminate it at any time by destroying the Software, together with all copies thereof. This License will also terminate if you fail to comply with any term or condition of this Agreement. Upon expiration of the trial period or any termination of this Agreement, you agree to destroy the Software, together with all copies thereof.
COPYRIGHT/OWNERSHIP. This Software and its source code are proprietary products of ONTRACK and are protected by copyright and other intellectual property laws. The Software is licensed and not sold. You acquire only the right to use the Software and do not acquire any rights, express or implied, in the Software or media containing the Software other than those specified in this License. ONTRACK shall at all times retain all rights, title, interest, including intellectual property rights, in the Software and media.
TRADEMARKS. ONTRACK, DATA ADVISOR and other names of ONTRACK and ONTRACK products referred to herein are trademarks or registered trademarks of ONTRACK Data International, Inc. in the United States and/or other countries.
EXPORT RESTRICTIONS. You agree to comply fully with all laws and regulations of the United States and other countries (Export Laws) to assure that neither the Software, nor any direct products thereof are (1) exported, directly or indirectly, in violation of Export Laws, or (2) are used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation.
None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Sudan, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's List of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
DISCLAIMER OF WARRANTIES. THIS SOFTWARE IS DISTRIBUTED 'AS IS' AND YOU, ITS USER, ASSUME ALL RISKS WHEN DOWNLOADING OR USING IT. THERE ARE NO WARRANTIES EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE. ONTRACK DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ONTRACK DOES NOT WARRANT THAT THE SOFTWARE IS NON-INFRINGING, THAT IT WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE. IN NO EVENT SHALL ONTRACK BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (WHICH SHALL INCLUDE WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) WHETHER BASED ON CONTRACT, TORT OR OTHER LEGAL THEORY, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF ONTRACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
MISCELLANEOUS. In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions. The Agreement is governed by the laws of the State of Minnesota as applied to agreements between Minnesota residents entered into and to be performed entirely within Minnesota, and each party hereto submits to the exclusive jurisdiction of the Courts of that State. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. This is the entire agreement between you and ONTRACK, which supersedes any prior agreement, whether written or oral, relating to this subject matter.
U.S. GOVERNMENT RESTRICTED RIGHTS. In the event the Federal Acquisition Regulations (FAR) or DFARS is applicable to this Agreement, the Software is provided only with Restricted Rights as defined in paragraph 52.227-19 or paragraph 252.227-7013(c)(1)(ii), respectively (or a comparable or successor clause to either), as applicable. Contractor/manufacturer is ONTRACK Data International, Inc., 9023 Columbine Road, Eden Prairie, MN 55347.
Copyright (c) 2001 ONTRACK Data International, Inc.
