The Software is copyrighted by Bogdan G. Shulga (the Author). The Owner is authorized to use, modify and sub-license the Software under agreements with the Author.
The Author’s and the Owner’s rights are protected by Ukrainian copyright laws, other copyright laws and international agreements. The Owner reserves all the rights regarding the Software granted by the Author. The Owner authorizes Software use only in accordance with the terms and conditions set forth in the present Agreement. You must not remove any copyright or proprietary notices from the Software.
2. LICENSE GRANT
The software is licensed, not sold. The Owner only grants you a non-transferable, non-exclusive and limited right to install and use a copy of the Software as long as you comply with the terms and conditions of the particular Software License Agreement. All other rights remain reserved by the Owner.
Depending on the intended use of the Software, the Owner offers the following particular licenses:
2.a. Trial License
Trial (Evaluation) License grants you as an individual the right to install, use, and advertise the Software in compliance with the present Software License Agreement. According to the Trial License, you are allowed to use the Software on your personal computers, including laptop computers, running any of the supported operating systems for unlimited period.
This Trial License covers only the current major Software version. The Owner reserves the right to change the terms and conditions of this Trial License for further Software versions.
By using the software for Trial or Evaluation you must comply with any technical limitations in the software ("TRIAL LIMITS"). For more information about technical limitations, please, refer to software technical specification page online.
2.b. Personal License
On condition that you have obtained the Software Registration Code (see p.3) from the Owner or an authorized affiliate, the Personal License grants you as an individual the right to install, use, advertise and make a backup copy of the Software for archival purposes. According to the Personal License you are allowed to use the Software on personal computers, including laptop computers owned by you, running one of the supported operating systems for unlimited period of time.
This Personal License covers only the current major Software version. The Owner reserves the right to change the terms and conditions of this Personal License for further Software versions.
In no event shall the Personal License grant the right to use the Software in a corporate environment or for commercial purposes (which includes the receipt of monetary gain from the use of the Software).
Personal Software License consists of several Sub-Licenses removing specific trial limits. Ordering only one specific Sub-License allows removing specific Trail Limits basing on such Sub-License purpose and dependencies. Each Sub-License requires its own Registration Code (see p.3) and payment of License Fee. Personal Software License includes the following Sub-Licenses:
General Software License
This license is required to enable any other Sub-License type and allows copying files with size over 256KB from FAT, FAT32, ExFAT and NTFS file systems from non-RAID storages. It also removes limitation for copying data, found as result of scan of these file system types, plus for results of "raw data recovery".
Basic Linux/Unix File Systems Support License
This license can be eanbled by the owner of General Software License, and allows copying files with size over 256KB from Ext2, Ext4, UFS/UFS2, ReiserFS and Linux JFS file systems from non-RAID storages. It also removes limitation for copying data, found as result of scan of these file system types.
Mac OS File Systems Support License
This license can be enabled by the owner of General Software License, and allows copying files with size over 256KB from HFS+, file system from non-RAID storages. It also removes limitation for copying data found as the result of scanning of this file system type.
XFS File System Support License
This license can be eanbled by the owner of General Software License and allows copying files with size over 256KB from XFS file system from non-RAID. storages. It also removes limitation for copying data found as the result of scanning of this file system type.
RAID Recovery Support License
This license can be enabled by the owner of General Software License and allows copying files with size over 256KB from RAID storages, virtually reconstructed by the Software. This license is not required when RAID storage reconstruction is handled by hardware or third-party software (such as operating system).
3. SOFTWARE REGISTRATION CODE
The Software Registration Code is a special sequence of symbols that along with the Software Registration Name or alone is used to identify a person as an authorized user of the Software and provide rights to use the Software in accordance with the particular Software License Agreement. The Software Registration Code allows verifying the validity of the Software license.
Only the Author, the Owner or authorized resellers have the right to issue, publish or pass Software Registration Codes to end-users. Any unauthorized publishing or transfer of the Registration Code is deemed as violation of the Software License Agreement and lead to termination thereof.
The Owner reserves the right to change registration codes with Software updates. As set forth in Paragraph 5 of the present Agreement, you can update your Software copy requesting the Software Registration Code update from the Owner.
4. OPERATING SYSTEM PLATFORM
The Owner or the Author has the right to restrict the Software use to one of the supported Operating Systems and certain Hardware or Software platforms. Different operating system platforms may require purchase of different Software Licenses and installation of different Software copies. You should consult the information on the Web Site or contact the Owner for details on the operating system platform for your Software License.
The Owner reserves the right to update and alter the contents of the Software and its accompanying files, documentation, other Software elements and/or license terms, occasionally and at its own discretion without the consent of or any obligation to any authorized users or distributors. Unless this License terminates, you have the right to update your software copy for free of charge within the frames of Software Update and Upgrade Policy.
Under Trial License you are allowed to use any version (any update) of the Software for evaluation purposes.
Under Personal License, you are allowed to use any Software version released prior to your obtaining the Software Registration code. You are allowed to obtain Software Updates for free released within the Updates Period Term that starts from the date of license purchase and lasts for the Updates Period Term specified in the Public Offer.
Updates Period Term only limits the period of receiving software updates and not the software use period. Any particular software version, released during the allowed term of upgrades can be used for the term of validity of this Agreement.
Updates Period Term can be extended by paying extra Updates Period Term extension fee under this license.
This Agreement is applicable worldwide except for the following territories:
Software use in the territory of Japan is only allowed for non-residents of Japan for non-commercial purposes. Residents of Japan, for either personal or commercial purposes, as well as non-residents of Japan, for commercial purposes in the territory of Japan, shall use Recovery Angel software available from http://www.recovery-angel.jp/.
Software use in the territory of Korea is only allowed for non-residents of Korea for non-commercial purposes. Residents of Korea, for either personal or commercial purposes, as well as non-residents of Korea, for commercial purposes in the territory of Korea, shall use Recovery Angel software available from http://www.recovery-angel.co.kr/.
7.1. GENERAL USE
Neither you, anyone at your direction, nor any third party, must take the following actions with regard to the Software or any portion thereof: circumvent technical restrictions, modify, change, decompile, recompile, disassemble, reverse engineer, adapt, create derivative works, translate or reproduce the Software or any part thereof. In any case, you must notify the Owner of any information derived from reverse engineering or similar activities and the results thereof will constitute confidential information of the Owner which may be used only in connection with the Software. In case if you need interface information, you must consult the Owner.
7.2. COMMERCIAL USE
Unless explicitly stated in a particular Software License Agreement, any commercial (for-profit) use is prohibited. Under no circumstances must you, the end-user, be permitted, allowed or authorized to commercially exploit the Software or any portion thereof without a special permission. Neither you, anyone at your direction nor any third party must take the following actions with regard to the Software, or any portion thereof, sell, rent, lend, lease, commercially exploit or use the Software for any commercial (for-profit) purpose unless the contrary is stated in a particular Software License Agreement.
The Software remains the exclusive property of the Owner. In no way shall the user be entitled to distribute Software copies to any third party without special permission provided by the Owner under the Shareware Version Distribution License. At this, the terms and conditions of the present Software License Agreement remain obligatory. You must also take reasonable steps to prevent any third party from copying the software from one of your computers or removable devices.
The Owner grants you a non-transferable right to install and use the Software in compliance with the terms and conditions of the present Agreement. In no way shall the user be entitled to transfer your rights under this Software License to any third party. Neither the whole Software License nor any part or portion thereof shall be assigned or sub-licensed.
This license and your right to use the Software terminates automatically without any prior notice from the Owner in case of violation of any part of this Agreement. You can also terminate this license at any time at your own reasonable discretion. You agree to destroy all copies of the Software immediately upon Software License termination. Upon termination, the Owner may also enforce any rights provided by applicable law.
11. NO WARRANTY
THE SOFTWARE IS PROVIDED "AS-IS". NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES, OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, NON-INFRINGEMENT AND/OR ACCURACY OF INFORMATION, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES WITH RESPECT TO THE SOFTWARE ARE MADE AS TO IT OR ANY MEDIUM IT MAY BE ON. OWNER DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR-FREE OR MEET ANY REQUIREMENTS. THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER WARRANTIES WHETHER ORAL OR WRITTEN. NO ONE BUT THE OWNER OR THE AUTHOR IS AUTHORIZED TO MAKE MODIFICATIONS OR ADDITIONS TO THIS WARRANTY.
THE OWNER WILL NOT BE LIABLE AND WILL PROVIDE NO REMEDY ABOVE THE AMOUNT YOU PAID FOR THE SOFTWARE (IF ANY) FOR LOST DATA, LOST SAVINGS, LOST PROFITS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR ANY OTHER DAMAGES ARISING FROM NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTY, BREACH OF CONTRACT, EVEN AFTER NOTICE OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY OTHER PARTY.
You hereby agree to indemnify and hold harmless the Owner, his family, relatives, licensees, sub-licensees, distributors and lawyers against any and all damages, losses, claims, courses of action, lawsuits, liabilities, judgments and all expenses arising from, resulting to, or in connection with a breach of this Agreement by you and arising from, relating to, or in connection with your use or non-use of the Software.
14. RESTRICTED RIGHTS
The Software and any related documentation is provided with restricted and limited rights. Use, duplication and disclosure by the U.S. Government is subject to restrictions as set forth in the subdivision (b)(3)(ii) of the Rights in Technical Data and Computer Software Clause at 252.227-7013. If you are using this software outside the U.S. you agree to be bound by the applicable law in your country.
A. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby. If any provision is determined to be unenforceable, you agree to a modification of such provision to provide enforcement of the provision's intent, to the extent permitted by applicable law. Failure of a party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or the right to enforce the provision.
B. The following provisions shall survive the expiration or early termination of this Agreement: paragraphs 1, 7 and 13.
16. ENTIRE AGREEMENT.
This Agreement along with separate "Refund Policy" and "Upgrade Policy" documents constitute the entire Agreement between you, and the Owner and supersedes any prior written or oral agreement concerning the Software. The Owner is not bound by any action, statements, or any provisions made by anyone else. No modification or change in this Agreement shall be valid or binding upon the Owner, unless in writing.
17. APPLICABLE LAW.
This Agreement shall be governed by the laws of Ukraine. You agree to jurisdiction and venue in the courts located in Kyiv, Ukraine, for all claims, disputes and litigation arising under or related to this Agreement. The export of this product is governed by Ukrainian export regulations.
BY USING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES AND SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN AND ANY OTHER COMMUNICATION BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
Third-party modules that could be bundled with the software are subject to separate license terms that are not covered under this agreement. Any such separate license terms are provided in a text file accompanying this individual third-party module.
If you do not agree with the terms and conditions of this Agreement or do not understand any of them, you must uninstall and get rid of your copy of the Software immediately.