Archive & Restore 1.2.1.478


EULA - End User License Agreement



License Agreement for Archive & Restore version 1.2, last modified February 12, 2007.

By purchasing a license for the program Archive & Restore or by installing and using the trial version, you accept the following license agreement.

1. License Procedure and Grant

(1) When you install the program for the first time, it starts in trial mode. Trial mode provides a 30-day-period during which you can use the program for evaluation purposes without paying a license fee.

(2) If you would like to continue using the program beyond the 30-day trial period, you must purchase a license. This license entitles you to use the program on a single computer. You may also use the program on a second computer so long as the primary user of each copy is the same person.

(3) After purchasing a license, you receive a license key which unlocks the time limit on the trial mode. You agree to keep your license key confidential and not to make it accessible to the public.

(4) You may not modify the program or any accompanying documentation.

(5) The program and all accompanying documentation are owned and copyrighted by Gert Heil and his licensors. This applies to any future corrections, enhancements or other modifications, including custom modifications.

2. Warranty and Liability

(1) THERE ARE NO OTHER WARRANTIES. THE LICENSOR DOES NOT WARRANT THAT THE PROGRAM AND ITS DOCUMENTATION ARE ERROR FREE OR THAT THE PROGRAM WORKS TOGETHER WITH OTHER PROGRAMS OR HARDWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSOR DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

IF GERMAN LAW APPLIES, THE WARRANTY SHALL BE LIMITED AS FOLLOWS: THERE IS NO WARRANTY THAT THE PROGRAM OR THE ACCOMPANYING DOCUMENTATION ARE ERROR FREE OR THAT THE PROGRAM WORKS TOGETHER WITH OTHER PROGRAMS OR HARDWARE OR MEETS YOUR REQUIREMENTS IN ANY OTHER WAY. THE SUBJECT OF THIS CONTRACT IS A PROGRAM THAT WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH ITS DOCUMENTATION.

(2) THE LICENSOR ACCEPTS NO LIABILITY FOR CONSEQUENTIAL DAMAGES. SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL THE LICENSOR OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS SOFTWARE BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE LICENSOR'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT LIABILITY IS BY LAW INCAPABLE OF EXCLUSION OR RESTRICTION.

IF GERMAN LAW APPLIES, LIABILITY SHALL BE LIMITED AS FOLLOWS: THE LICENSOR IS LIABLE ONLY FOR DAMAGES CAUSED BY HIS INTENT OR GROSS NEGLIGENCE. IN THE CASE OF BREACH OF ESSENTIAL OBLIGATIONS OF THE CONTRACT, THE LICENSOR CAN FURTHER BE MADE LIABLE FOR DAMAGE CAUSED BY NEGLIGENCE AS FAR AS THE DAMAGE IS A TYPICAL AND FORESEEABLE CONSEQUENCE OF THE BREACH OF CONTRACT. THIS DOES NOT AFFECT LIABILITY ACCORDING TO THE PRODUCT LIABILITY ACT OR THE LIABILITY FOR GUARANTEED CHARACTERISTICS. THERE IS NO LIABILITY EXCEEDING THE SCOPE GIVEN ABOVE.
(3) THE LICENSOR IS NOT LIABLE FOR ANY LOSS OF DATA, LOST WAGES OR OTHER IMPAIRMENT OF THE LICENSEE'S ASSETS.

3. General

(1) This agreement represents the complete agreement concerning this license and may be amended in writing only.

(2) This agreement shall be governed exclusively by German law. The applicability of the UN Sales Convention is explicitly excluded. The exclusive venue for both parties shall be Frankfurt am Main, Germany.

(3) If any of the provisions of this agreement or portion thereof become invalid, ineffective or unenforceable, that will not affect the effectiveness of the remaining provisions. The cancelled provision shall be replaced by a provision with legal effect that comes closest to the purpose of the cancelled provision.



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Users Rating:  
  3.0/5     4
Downloads: 245
Updated At: 2024-03-19
Publisher: Gert Heil Software Development
Operating System: windows
License Type: Free Trial