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NOTSO SOFTWARE LTD
PIXFIX END USER LICENSE AGREEMENT
(EULA)
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BY INSTALLING THIS SOFTWARE PRODUCT, YOU ARE AGREEING TO BE BOUND BY THIS CONTRACTUAL LICENSE AGREEMENT AND ALL THE TERMS AND CONDITIONS CONTAINED HEREIN. PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE COMMENCING YOUR INSTALLATION OF `PIXFIX`. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORISED TO USE OR INSTALL PIXFIX, OR FACILITATE ITS USE BY OTHERS.
BY CLICKING THE "ACCEPT" BUTTON, YOU WARRANT YOU ARE AUTHORISED TO INSTALL PIXFIX ON THIS COMPUTER AND HAVE AUTHORITY TO ACCEPT THE TERMS OF THIS AGREEMENT. BY CLICKING THE "ACCEPT" BUTTON, YOU ARE DIGITALLY SIGNING THIS AGREEMENT TO BECOME A LICENSEE OF PIXFIX. THE FULL TERMS OF THIS AGREEMENT ARE ALSO AVAILABLE FOR REFERENCE FROM WITHIN THE SOFTWARE AT ANY TIME.
The licensor of PixFix is NOTSO SOFTWARE LTD., incorporated in the United Kingdom (Company no. 4886938) and the copyright owners of PixFix. Upon your acceptance of the agreement, Notso Software Ltd grants you one single user non-exclusive license to use `PixFix` subject to the terms and conditions set out below.
TERMS & CONDITIONS - UNREGISTERED VERSION
The software product (PixFix) is supplied as a `free trial‘ authorised product without any time limit being applied. The unregistered version of `PixFix` may be freely distributed, used and installed, provided the executable file supplied by Notso Software Ltd (the Copyright Holders of `PixFix`) remains in its original state as downloaded from our web site (or distributed via our authorised agents), and is not added to (or otherwise modified) in any form.
The distribution (by inclusion or otherwise) of any methodology, code designed to disable the software, license protocols or passwords designed to deliver effective unlimited usage to unauthorised and unlicensed persons or companies or institutions, may not be included with (or within) the authorised distribution product or alongside it, nor communicated in any way in any manner designed to circumvent the obligations of third parties to license the product in accordance with this contract.
Possession of an unregistered license of `PixFix` does not confer rights to emulate, resell, copy, modify, decompile, disassemble, or otherwise reverse engineer `PixFix`. All such activities are expressly prohibited. Any such unauthorised use may result in criminal and/or civil prosecution.
With regard to the above caveat, Notso Software Ltd hereby grants the right to freely distribute and make use of the unregistered version of `PixFix` (the software) via any distributive mechanism or media, or on any computer systems, provided:
a) The software is not embedded within another software product;
b) The software is distributed without modification;
c) No representation is made claiming ownership or rights;
d) The copyright owners are acknowledged;
e) No charge or fees are made for the unregistered copy.
TERMS & CONDITIONS - REGISTERED VERSION
Only single usage licenses are available for the registered version of `PixFix` and are granted upon registration. No distinction in licensing or terms applies to commercial users.
Single user licenses of the full registered software entitles the licensee to install the registered software on any one personal computer at any given time. In addition, appropriately licensed users may, at their discretion, temporarily copy the excutable file to another computer or drive under their control, as a portable stand-alone program, for the purpose of recovering files.
Possession of a duly licensed & registered version of `PixFix` does not confer rights to emulate, resell, copy, modify, decompile, disassemble, or otherwise reverse engineer `PixFix`. Any such unauthorised use or activity may result in criminal and/or civil prosecution.
Users should note that distribution of the full licensed version of `PixFix` outside of the terms permitted under this contract, or otherwise using or distributing any unauthorised versions of `PixFix` enabled in any way designed to circumvent license obligations arising under this contract, is potentially a serious criminal offence and may give rise to prosecution under appropriate U.S., U.K., E.C., and / or international copyright laws and treaties, and WILL be reported to the appropriate regulatory and investigative authorities.
TRANSFER OF LICENSE - REGISTERED VERSION
Rights under this license are NOT transferable. The licensee may NOT distribute any version of the software together with appropriate registration codes, outside of their legal control to third parties, either in an `installed` or `non-installed` form. Users who effect such transfer could be held liable for any damages or losses arising to Notso Software Ltd.
EMAIL INFORMATION
By accepting this agreement, users expressly authorise Notso Software Ltd and / or its agents, to effect contact via email where deemed appropriate for the purpose of communicating company and product specific information. No email data or other contact information will be passed by Notso Software Ltd to any third parties other than on an agency basis where the same conditions will apply, and other than for the purpose detailed above.
COPYRIGHT
`PixFix`
Copyright © 2007-2008 by Notso Software Ltd
All rights reserved.
All rights, copyright and constituent code contained within the software product `PixFix` is owned exclusively by Notso Software Ltd, a ‘company’ constituted and registered in the United Kingdom. All rights not expressly granted within this contract are hereby retained.
WARRANTY & DISCLAIMER
"PixFix" is distributed "as is". No warranty of any kind is expressed, offered or implied, either in use, performance or merchantability. Due to the inability of Notso Software to control disparate environments which may be subject to installation, no warranty of fitness or suitability for a user determined purpose is offered.
Users are advised that use of `PixFix` is ’at own risk’. Neither Notso Software, nor any agent of the company can be held liable for any loss of data, damages arising whether direct or indirect for any loss whatsoever while using this software.
Users should note that Notso Software does not warrant `PixFix` will effectively deliver file recovery services across an array of network drives, given the variances in system installations / configurations. Raid and network drive system users should determine for themselves (and to their own satisfaction) the effectiveness of the `PixFix` software utility prior to purchasing a license.
The liability of Notso Software Ltd shall extend only to, and be limited exclusively to, a refund of the license fee where such a fee has been paid. Under this agreement users of the software assume any and all risk of using `PixFix` on their designated systems. It is the responsibility of each user, whether a registered license holder or otherwise, to determine to their own satisfaction the effectiveness, suitability and compatability of `PixFix` with regard to the computer systems under their control.
LEGAL JURISDICTION
It is expressly accepted by all parties to this contract that this contractual agreement be governed by the laws of the United Kingdom of Great Britain and Northern Ireland. The jurisdiction of UK law is hereby acknowledged and accepted as irrevocably primary. All users of this software agree to be subject to UK law and jurisdiction, and EC law and regulation where appropriate that such legislation or regulation supercedes that of the UK, subject to the governance of the UK regulatory authorities.
ACCEPTANCE OF TERMS
Installing and using `PixFix` signifies and acknowledges acceptance of the terms and conditions contained herein and to the licensed terms of use where appropriate. IF YOU DO NOT AGREE TO THE ABOVE TERMS AND CONDITIONS IN THEIR TOTALITY, NOTSO SOFTWARE LTD WILL NOT ENTER INTO A CONTRACT WITH YOU, AUTHORISING YOU TO INSTALL AND USE `PixFix`, IN WHICH CASE YOU MUST TERMINATE YOUR INSTALLATION NOW AND DELETE THE PRODUCT DISTRIBUTION SOFTWARE FROM YOUR COMPUTER SYSTEM.