Active@ Partition Recovery v 2.0 END-USER LICENSE AGREEMENT ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Copyright (c) 1998-2002 Active Data Recovery Software 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 Active Data Recovery Software for the Active@ Partition Recovery 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. Active Data Recovery Software 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 andinternational 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 DEMO SOFTWARE without charge on an evaluation basis to backup MBR, create disk images, scan drives for deleted partitions and logical drives and preview their contents. You must pay the license fee to get Professional version of the product that can save detected or restored partition information back to the HDD. (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 Active Data Recovery Software. 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. 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. Active Data Recovery Software may provide you with support services related to the SOFTWARE. Use of Support Services is governed by the Active Data Recovery Software polices and programs described in the online documentation and web site, and/or other Active Data Recovery Software-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 Active Data Recovery Software as part of the Support Services, Active Data Recovery Software may use such information for its business purposes, including for product support and development. Active Data Recovery Software will not utilize such technical information in a form that personally identifies you. 5. TERMINATION. Without prejudice to any other rights, Active Data Recovery Software 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 Active Data Recovery Software 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. Active Data Recovery Software 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 ACTIVE DATA RECOVERY SOFTWARE 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 ACTIVE DATA RECOVERY SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, ACTIVE DATA RECOVERY SOFTWARE'S ENTIRE LIABILITY UNDER ANY PROVOSION OF THIS EULA SHALL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT. Active Data Recovery Software reserves all rights not expressly granted here. Active Data Recovery Software is a registered name of LSoft Technologies Inc.
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