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EASEUS Data Recovery Wizard Beta Test
End-User License Agreement (EULA)
Copyright (c) 2005-2010 CHENGDU YIWO Tech Development Co., Ltd (YIWO Tech Ltd, for short).
All rights reserved.
Please read this document carefully. This Beta Testing EULA is a legal agreement (hereinafter "Agreement") between you (either an individual or an entity, hereinafter "Licensee") and CHENGDU YIWO Tech Development Co., Ltd, the developer of EASEUS Data Recovery Wizard. This Agreement covers all software, the associated media, any printed materials, data, files and information and any "online" or electronic documentation ("Software") which it accompanies. This Agreement takes precedence over any other agreement or terms embedded within the software.
DISCLAIMER
THE BETA SOFTWARE LICENSED HEREUNDER IS BELIEVED TO CONTAIN DEFECTS AND A PRIMARY PURPOSE OF THIS BETA TESTING LICENSE IS TO OBTAIN FEEDBACK ON SOFTWARE PERFORMANCE AND THE IDENTIFICATION OF DEFECTS. LICENSEE IS ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SOFTWARE AND/OR ACCOMPANYING MATERIALS.
Feedback from Licensee
It is expressly understood, acknowledged and agreed that Licensee shall, regardless of whether or not formally requested to do, provide to CHENGDU YIWO Tech Development Co., Ltd reasonable suggestions, comments and feedback regarding the Software, including but not limited to usability, bug reports and test results, with respect to Software testing (collectively, "Feedback"). Contingent upon all of the terms and conditions herein and especially upon Licensee`s obligations to provide Feedback, Licensee grants YIWO Tech Ltd, under all of Licensee`s intellectual property and proprietary rights, the following worldwide, non-exclusive, perpetual, irrevocable, royalty free, fully paid up rights: (i) to make, use, copy, modify, sell, distribute, sub-license, and create derivative works of, the Feedback as part of any YIWO Tech Ltd product, technology, service, specification or other documentation (individually and collectively, " YIWO Tech Ltd "); (ii) to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell, and sell, rent, lease or lend copies of the Feedback (and derivative works thereof) as part of any YIWO Tech Ltd Product; (iii) solely with respect to Licensee`s copyright and trade secret rights, to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties; and (iv) to sublicense to third parties any claims of any patents owned or licensable by Licensee that are necessarily infringed by a third party product, technology or service that uses, interfaces, interoperates or communicates with the feedback or portion thereof incorporated into a YIWO Tech Ltd Product, technology or service. Further, Licensee warrants that Licensee`s Feedback is not subject to any license terms that would purport to require YIWO Tech Ltd to comply with any additional obligations with respect to any YIWO Tech Ltd Products that incorporate any Feedback.
Grant of License
Subject to the terms and conditions of this Agreement, YIWO Tech Ltd grants to Licensee a non-exclusive, non-transferable license (without the right to sublicense) (i) to use the Software in accordance with the Documentation solely for purposes of internal testing and evaluation, and (ii) to copy Software for archival or backup purposes, provided that all titles and trademarks, copyright, and restricted rights notices are reproduced on such copies.
Restrictions on Grant
Except as otherwise specifically permitted in this Agreement, Licensee may not use, copy, emulate, clone, rent, lease, sell, modify, de-compile, disassemble, otherwise reverse engineer, or transfer the licensed program, or any subset of the licensed program, except as provided for in this agreement. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution.
Beta-Software Support
Support will only be provided by e-mail and only on the most current version. Queries regarding the installation and use of the software should be submitted by e-mail to support@easeus.com. Requests for additional features and enhancements should be submitted by e-mail to advice@easeus.com. We will attempt to implement all reasonable requests but is not obliged to implement it. If you have questions about buying our products, please Email us at sales@easeus.com.
Reservation and Copyright
CHENGDU YIWO Tech Development Co., Ltd reserves the right to change the license agreement of the software. CHENGDU YIWO Tech Development Co., Ltd has the right to change the product. CHENGDU YIWO Tech Development Co., Ltd reserves the right to change prices without notice. CHENGDU YIWO Tech Development Co., Ltd reserves all rights that are not expressly granted here.
The software is protected by International Copyright Laws and Treaty Provisions.
Confidentiality
The enclosed Software is Confidential Information. Licensee will not disclose Software or any comments regarding Software to any third party without the prior written approval of CHENGDU YIWO Tech Development Co., Ltd. Licensee will maintain the confidentiality of Software with at least the same degree of care that you use to protect your own confidential and proprietary information, but not less than a reasonable degree of care under the circumstances. Licensee will not be liable for the disclosure of any Confidential Information which is: (a) in the public domain other than by a breach of this Agreement on Licensee`s part; or (b) rightfully received from a third party without any obligation of confidentiality; or (c) rightfully known to Licensee without any limitation on use or disclosure prior to its receipt from CHENGDU YIWO Tech Development Co., Ltd; or (d) independently developed by Licensee`s employees; or (e) generally made available to third parties by CHENGDU YIWO Tech Development Co., Ltd without restriction on disclosure.
Term Of This Agreement
Licensee`s rights with respect to the Beta Software will terminate upon the earlier of the initial commercial release by CHENGDU YIWO Tech Development Co., Ltd of a generally available version of the Software. Either party may terminate this Agreement at any time for any reason or no reason by providing the other party advance written notice thereof. Upon any expiration or termination of this Agreement, the rights and licenses granted to Licensee under this Agreement shall immediately terminate, and Licensee shall immediately cease using the Software, Documentation, and all other tangible items in Licensee`s possession or control that are proprietary to or contain Confidential Information.
Limitation on Liability
Provision of any Software under this Agreement is experimental and shall not create any obligation for CHENGDU YIWO Tech Development Co., Ltd to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop Software either to Licensee or to any other party.
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL CHENGDU YIWO TECH DEVELOPMENT CO., LTD OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF CHENGDU YIWO TECH DEVELOPMENT CO., LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Assent to Be Bound
By clicking the "I accept the terms..." checkbox, installing and using EASEUS Data Recovery Wizard Beta, Licensee agrees to be bound by the terms of this Agreement. If Licensee does not agree with any term or condition of this Agreement, you must remove EASEUS Data Recovery Wizard Beta files from your storage devices and cease to use the product.