Last updated: October 15, 2019
THIS IS A BINDING LEGAL AGREEMENT (THIS "AGREEMENT") BETWEEN THE AUTHOR (THE "AUTHOR") OF "hdDataSafe" (THE "SOFTWARE") AND YOU AS A PRIVATE PERSON OR A LEGAL ENTITY (THE "LICENSEE").CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS.
THE AUTHOR LICENSES THE SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS LICENSE AGREEMENT.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, THEN YOU MUST NOT DOWNLOAD, DISTRIBUTE, INSTALL OR USE THE SOFTWARE AND REMOVE THE SOFTWARE FROM YOUR SYSTEM.
The SOFTWARE exists in the following editions:
i) "TRIAL Edition".
ii) "REGISTERED Edition" (purchased).
All editions are subject to the terms of this Agreement unless otherwise noted.
Supplementary terms exist for each edition.
Subject to the terms and conditions of this AGREEMENT, the AUTHOR grants to the LICENSEE, a non-exclusive and non-transferable license during the term of this AGREEMENT to use the:
i) TRIAL Edition of the SOFTWARE, solely for the purpose of, testing, evaluating and quality assurance.
ii) REGISTERED Edition of the SOFTWARE, for any purpose, as permitted herein.
The LICENSEE is solely responsible for obtaining from the owner of any third party software that can or may be used in conjunction with the SOFTWARE all necessary licenses.
The LICENSEE shall not rent, loan, sub-license or lease the SOFTWARE to any other person or legal entity, including, without limitation, to any affiliate of the LICENSEE, or encumber the LICENSEE's rights or obligations under this AGREEMENT without prior written approval of the AUTHOR.
The AUTHOR retains all rights, title and interest, including associated intellectual property rights, in and to the SOFTWARE and all related documentation. The SOFTWARE is protected by copyright laws, international treaty provisions and all other applicable national laws. The LICENSEE must treat the SOFTWARE as any other copyrighted material. The LICENSEE is permitted to make the necessary number of backup copies of the SOFTWARE for archival purposes. The LICENSEE shall not copy the SOFTWARE or any other written material for any other purpose. The LICENSEE acknowledges that the SOFTWARE is proprietary to and is considered confidential information of the AUTHOR and the LICENSEE agrees to treat the SOFTWARE as such.
The SOFTWARE shall only be used by the individual LICENSEE. The LICENSEE shall not allow the SOFTWARE to be accessed remotely, including, without limitation, through the Internet.
The TRIAL Edition of the SOFTWARE shall only be used by the individual LICENSEE for testing and evaluating purposes only.
The LICENSEE shall not use the SOFTWARE for any purpose other than as permitted herein. Without limiting the generality of the foregoing, the LICENSEE shall not: transmit, disclose, translate, adapt, modify, decompile, disassemble, reverse assemble, reverse compile, or otherwise reverse engineer the SOFTWARE or the embodied algorithms contained in the SOFTWARE.
The installation package of the TRIAL Edition of the SOFTWARE may be freely distributed, with exceptions noted below, provided the distribution package is not modified in any way. No person or legal entity may charge a fee for the distribution of the SOFTWARE without written permission from the AUTHOR.
The SOFTWARE may not be bundled or distributed with any other software without permission from the AUTHOR.
This AGREEMENT does not entitle the LICENSEE to maintenance services, updates or upgrades for the SOFTWARE and documentation from the AUTHOR with the exception of the REGISTERED Edition of the SOFTWARE for which maintenance such as minor version updates, patches and documentation, if available, is included at no extra cost until any next major version release or upgrade of the SOFTWARE.
The AUTHOR's partners and associated service providers shall have no obligation to furnish any maintenance or user support with respect to the SOFTWARE.
The AUTHOR may modify the SOFTWARE for any reason or without any specific reason, at any time and at the AUTHOR's entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the SOFTWARE. You agree that the AUTHOR may stop to support previous versions of the SOFTWARE upon availability of an updated or upgraded version.
All rights are reserved. Other product names or corporate names used within this SOFTWARE or its documentation may be trademarks of their respective owners, and are mentioned only in an explanatory manner to the owners' benefit, and without intent to infringe or affect the validity of any trademark.
This AGREEMENT becomes effective once the LICENSEE has copied or transferred in any manner the SOFTWARE onto a computer or other storage media from which the SOFTWARE may or can run. The above grant of rights will immediately terminate without notice from the AUTHOR if the LICENSEE breaches any of the terms or conditions of this AGREEMENT. Upon termination of this AGREEMENT, the LICENSEE shall immediately uninstall and cease using the SOFTWARE, and destroy all copies of the SOFTWARE, documentation, and any other items related thereto in LICENSEE's possession.
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. THE AUTHOR DOES NOT WARRANT THAT THE SOFTWARE WILL MEET ALL OR ANY OF THE LICENSEE'S REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECT IN THE SOFTWARE WILL BE CORRECTED. THE AUTHOR MAKES NO WARRANTIES OR REPRESENTATIONS RELATING TO THE RESULTS OF THE LICENSEE'S USE OF THE SOFTWARE WITH RESPECT TO ITS CAPABILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY THE AUTHOR OR AN AUTHORIZED REPRESENTATIVE OF THE AUTHOR SHALL CREATE A WARRANTY.
THE AUTHOR HAS NO CONTROL OVER THE LICENSEE'S USE OF THE SOFTWARE. THE LICENSEE ASSUMES THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE OF THE SOFTWARE.
THE AUTHOR DISCLAIMS, AND THE LICENSEE HEREBY AGREES, THAT IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES OF ANY NATURE (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) WHETHER FORESEEABLE OR NOT, ARISING OUT OF THE INSTALLATION, USE OR INABILITY TO USE THE SOFTWARE OR REMOVAL OF THE SOFTWARE, REGARDLESS OF WHETHER THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The LICENSEE grants the AUTHOR the right to store contact details and other related information in order for the AUTHOR to contact the LICENSEE occasionally regarding the SOFTWARE. The AUTHOR will not use contact details and other related information for any other purpose.
The AUTHOR may transfer the AUTHOR's rights and obligations under this LICENSE to another person or legal entity, but this will not affect the LICENSEE's rights or the AUTHOR's obligations under this LICENSE.
This AGREEMENT shall be construed under and governed by the laws of the Hellenic Republic and the laws of the European Union applicable therein, without reference to any conflict of law rules. The LICENSEE and the AUTHOR agree to submit to the non-exclusive jurisdiction of the courts of the Hellenic Republic. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect, and in no way shall be affected, impaired or invalidated. This AGREEMENT will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
This AGREEMENT is the complete contract between the parties and supersedes any prior or contemporaneous agreement whether written or oral, and its terms shall not be varied, supplemented, qualified, or interpreted by any prior course of dealing between the LICENSEE and the AUTHOR. Upon any termination or expiry of this AGREEMENT, provisions relating to the AUTHOR's intellectual property rights, limitations of liability and any other provisions which, by their nature, are intended to survive, shall survive any such termination or expiry.
The AUTHOR reserves the right to update and change, from time to time, this EULA by posting a new version without notice to you.
Use of the SOFTWARE after any such change constitutes your acceptance of such changes.
You can always find the most recent version of this EULA at www.hdmachina.com/products/hddatasafe/license.