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License THIS GEEKSNERDS END-USER LICENSE AGREEMENT (THE "LICENSE" OR "AGREEMENT") IS A BINDING AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR AN ENTITY) AND GEEKSNERDS LIMITED REGARDING ACCEPTABLE USE OF GEEKSNERDS WINDOWS DATA RECOVERY SOFTWARE (THE "SOFTWARE"). BY PROCEEDING WITH THE INSTALLATION PROCEDURE, YOU INDICATE THAT YOU ACCEPT AND AGREE FULLY WITH THE FOLLOWING LICENSE PROVISIONS. 1. GRANT OF LICENSE Geeksnerds Limited grants you the non-exclusive right to use this software on a single computer, or on a number of computers specified at the time of software purchase, or on a number of computers specified in writing by Geeksnerds Limited in a license addendum or alternate license issued specifically to you. The software is "in use" on a computer, when it is loaded into that computer`s temporary memory (i.e., RAM) or long-term storage (e.g., hard disk, CD-ROM, or other storage device). Once in use as above, the software is permanently licensed to that drive for one year. If you purchased more than one licenses, you may use the Software for internal purpose only, on the number of licensed drives for the license term authorized and agreed upon at the time of purchase. If the software is to be used for commercial or financial gain, a technical license must be purchased. Educational institutions must purchase a “Educational License” to be used on single machine. If you have purchased a “Business License”, you may use the Software internally on number of computers agreed upon at the time of purchase. 2. USE You shall retain full control over the use of the Software and you assume all risks and liability for results obtained by the use of the Software. Geeksnerds Limited shall have no liability to you or to any third party for any ordinary, special, exemplary or consequential damages or losses (including, without limitation, damages for loss of business profits, any other pecuniary loss) which might arise directly or indirectly by reason of the use or inability to use the Software, even if Geeksnerds Limited has been advised of the possibility of such damages. You shall indemnify, defend and hold Geeksnerds Limited harmless from any loss, cost, damage, or expense, including attorneys` fees, arising from any claim asserted against Geeksnerds Limited that is in any way associated with the matters set forth here in Paragraph 2. 3. TITLE No title to or ownership in the Software is transferred to you. Title to all applicable rights in patents, copyrights and trade secrets in the Software shall remain with Geeksnerds Limited. The Software provided to you hereunder is proprietary to Geeksnerds Limited, and you shall be bound by and observe the proprietary nature thereof as herein provided. Except as may be specifically authorized in writing by Geeksnerds Limited or as otherwise provided herein, you shall not provide or otherwise make available the Software or copies thereof to any third party. 4. TERM AND TERMINATION This license is effective for one year from the time of purchase of the Software. The term of this License shall commence on the date of your purchase of the Software and shall continue one year from the time of purchase or such time as you destroy all copies of the Software and documentation and erase any copies on storage media. Geeksnerds Limited shall have the right to terminate this License if you fail to comply with the License terms and conditions. Upon expiration of the License term or upon termination by reason of your default, you shall immediately return or destroy the Software and copies thereof as directed by Geeksnerds Limited and, if requested by Geeksnerds Limited, to certify in writing as to the destruction or return of the Software and all copies thereof. The provisions of this License which protect the proprietary rights of Geeksnerds Limited shall continue in force after termination. 5. COPYRIGHT This computer software and all accompanying materials are COPYRIGHT © GEEKSNERDS LIMITED INCORPORATED. Any unauthorized duplication is prohibited. The Software is owned by Geeksnerds Limited and is protected by United Kingdom copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material (e.g. a book or musical recording) except that you may either (a) make one copy of the Software solely for archival purposes, or (b) transfer the Software to the fixed storage media of a single computer, provided you keep the original solely for archival purposes. You shall not reproduce the written materials accompanying the Software. The unauthorized copying of the Software and the acquisition and/or use of unauthorized copies of the Software may be both criminal and civil offences for which you may be liable for fines, damages and legal fees. You shall not rent, sell, copy, distribute or lease the Software to others. You may not reverse engineer, decompile, or disassemble the Software. 6. WARRANTY DISCLAIMERS AND LIABILITY. This software and all accompanying files, data and materials are supplied as is and with no warranties of any kind, whether expressed or implied. By using this Software, you agree that all risks associated with the performance and quality of the Software is solely by you. Geeksnerds Limited shall not be liable for damages, direct or consequential, which may result from the use of the Software, even if Geeksnerds limited has been advised of the possibility of such damages. Any liability of Geeksnerds Limited will be limited to refund the purchase price. 7. CUSTOMER REMEDIES Geeksnerds Limited and its suppliers` entire liability and your exclusive remedy shall be, at Geeksnerds Limited option, either (a) return of the price paid by you for the Software, or (b) replacement of the Software, which is returned to Geeksnerds Limited with a copy of your proof of purchase. Outside the United Kingdom, these remedies are not available without proof of purchase from an authorized non-U.K. source. 8. SEVERABILITY If any provision or portion thereof of this License is held to be invalid, void or unenforceable, the remaining provisions of this License shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT EACH AND EVERY PROVISION OF THIS AGREEMENT WHICH PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, IS INTENDED BY THE PARTIES TO BE SEVERABLE AND INDEPENDENT OF ANY OTHER PROVISION AND TO BE ENFORCED AS SUCH. 9. EXPORT OR REEXPORT You shall not, directly or indirectly, export or transmit any Geeksnerds Limited product covered by this Agreement to any country to which such exportation is restricted by applicable regulations or statutes of the United Kingdom or any agency thereof, without the prior written consent of the U.K. Department of Commerce and of any other required governmental agency. 10. SUPPORT The licensee is entitled to free support service in English language via electronic communication for 90 days from the time of purchase. Any additional software codes provided to you as part of support service shall be considered as a part of the Software and this license agreement. 11. GOVERNING LAW This Agreement is governed by the laws of the United Kingdom.