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Copyright 2006 © Optimum Data Recovery, Inc. All rights reserved. THIS OPTIMUM DATA RECOVERY INC. END-USER LICENSE AGREEMENT (THE "LICENSE" OR "AGREEMENT") IS A BINDING AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR AN ENTITY) AND OPTIMUM DATA RECOVERY INC. REGARDING ACCEPTABLE USE OF THIS SOFTWARE PRODUCT (THE "SOFTWARE").
BY PROCEEDING WITH THE INSTALLATION PROCEDURE, YOU INDICATE THAT YOU ACCEPT AND AGREE FULLY WITH THE FOLLOWING LICENSE PROVISIONS.
Optimum Data Recovery Inc. grants to you the non-exclusive right to use the Software on a single computer, or on a number of computers specified by the Software during the installation process, or on a number of computers specified in writing by Optimum Data Recovery Inc. 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).
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. Optimum Data Recovery Inc. 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 of inability to use the Software, even if Optimum Data Recovery Inc. has been advised of the possibility of such damages. You shall indemnify, defend and hold Optimum Data Recovery Inc. harmless from any loss, cost, damage, or expense, including attorneys` fees, arising from any claim asserted against Optimum Data Recovery Inc. that is in any way associated with the matters set forth here in Paragraph 2. Because some states and countries do not allow the exclusion or limitation of liability of consequential or incidental damages, the above limitations may not apply to you.
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 Optimum Data Recovery Inc.. The Software provided to you hereunder is proprietary to Optimum Data Recovery Inc. and you shall be bound by and observe the proprietary nature thereof as herein provided. Except as may be specifically authorized in writing by Optimum Data Recovery Inc. or as otherwise provided herein, you shall not provide or otherwise make available the Software or copies thereof to any third party.
The term of this License shall commence on the date of your purchase of the Software and shall continue until such time as you destroy all copies of the Software and documentation and erasing any copies on storage media, but otherwise shall be without restriction as to time. Optimum Data Recovery Inc. 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 Optimum Data Recovery Inc. and, if requested by Optimum Data Recovery Inc., 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 Optimum Data Recovery Inc. shall continue in force after termination.
This computer software and all accompanying materials are COPYRIGHT © 2007 OPTIMUM DATA RECOVERY iNC. INCORPORATED. Any unauthorized duplication is prohibited. The Software is owned by Optimum Data Recovery Inc. and is protected by United States 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 offenses for which you may be liable for fines, damages and legal fees. If you attempt to use, copy or disclose any portion of the Software or any modification thereof or any of Optimum Data Recovery Inc. confidential information in a manner contrary to the terms of this License, Optimum Data Recovery Inc. shall have the right, in addition to other legal remedies, to injunctive relief enjoining such acts without the posting of a bond.
You may not rent or lease the Software to others, but you may transfer the Software and all accompanying written materials on a permanent basis provided you retain no copies and the recipient agrees to the terms of this Agreement. You may not reverse engineer, decompile, or disassemble the Software. If the Software has been updated, any transfer must include all versions.
Optimum Data Recovery Inc. shall defend any action, suit, or proceeding brought against you so far as it is based on a claim that the Software delivered hereunder infringes any United States patent or copyright, provided that you promptly notify Optimum Data Recovery Inc. of the action and you give full authority, information and assistance for the defense of the action. Optimum Data Recovery Inc. shall pay all damages and costs awarded therein against you, but shall not be responsible for any compromise made without its consent. Optimum Data Recovery Inc. may, at its option and expense, replace or modify the Software so that infringement will not exist or refund to you the price thereof as depreciated or amortized by an equal amount over the lifetime of the Software as established by Optimum Data Recovery Inc. Optimum Data Recovery Inc. commitment shall not extend to any infringement or claim thereof which is based upon the combination of the Software delivered hereunder with software not supplied by Optimum Data Recovery Inc..
Optimum Data Recovery Inc. warrants that the Software will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of purchase. Some states and countries do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
Optimum Data Recovery Inc. and its suppliers` entire liability and your exclusive remedy shall be, at Optimum Data Recovery Inc. option, either (a) return of the price paid by you for the Software, or (b) replacement of the Software, which is returned to Optimum Data Recovery Inc. with a copy of your proof of purchase. Outside the United States, these remedies are not available without proof of purchase from an authorized non-U.S. source.
Optimum Data Recovery Inc. and its suppliers disclaim all other warranties, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with regard to the Software and the accompanying materials.
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. You shall not assign or sublicense your rights or obligations under this Agreement except as provided herein.
This Agreement constitutes the entire agreement between Optimum Data Recovery Inc. and you relative to this License. Any change hereto shall be effective only if in writing and signed by both a duly authorized agent of Optimum Data Recovery Inc. and you.
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.
You shall not, directly or indirectly, export or transmit any Optimum Data Recovery Inc. product covered by this Agreement to any country to which such exportation is restricted by applicable regulations or statutes of the United States or any agency thereof, without the prior written consent of the U.S. Department of Commerce and of any other required governmental agency.
This Agreement is governed by the laws of United States.