East-tec Disposesecure 2008 Enterprise - EULA

East-Tec DisposeSecure 2008 Enterprise End user license agreement

East-Tec DisposeSecure 2008 Enterprise (TM) Version 4.0
Copyright (C) 2000-2008 EAST Technologies S.R.L.
All Rights Reserved.

EAST Technologies End User Software License Agreement for
East-Tec DisposeSecure 2008 Enterprise

THIS IS A CONTRACT. PLEASE READ IT CAREFULLY. BY INDICATING YOUR
ACCEPTANCE BELOW, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS
AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF
THIS AGREEMENT, DECLINE WHERE INSTRUCTED, AND YOU WILL NOT BE ABLE
TO USE THE SOFTWARE.

The EAST Technologies software product identified above (the "Software")
is the property of EAST Technologies and is protected by copyright
law. While EAST Technologies continues to own the Software, you will
have certain rights to use the Software after your acceptance of this
license.

Except as may be modified by a license addendum which accompanies this
license, your rights and obligations with respect to the use of this
Software are as follows:

EVALUATION (TRIAL) VERSION

THIS IS AN EVALUATION COPY of the EAST Technologies software product
identified above (the "Software"). You may use this software for only
fifteen (15) days, after which period you must either buy the software
from EAST Technologies or stop using it and remove it from your computer.
This evaluation version will only wipe 1/4 of your hard drive. To obtain
full-use rights and be able to wipe entire drives, you must purchase
the full version.

Provided that you verify that you are distributing the evaluation version,
you are hereby licensed to make as many copies of the evaluation version of
this software as you wish; give exact copies of the original evaluation
version to anyone; and distribute the evaluation version of the software
and documentation in its unmodified form via electronic means. There is no
charge for any of the above.

You are specifically prohibited from charging, or requesting donations, for
any such copies, however made.

Use of the evaluation version of East-Tec DisposeSecure 2008 Enterprise after
the fifteen (15) days evaluation period is in violation of United States of
America ("U.S."), European and International Copyright laws and will be
prosecuted to the maximum extent possible under the law.

LICENSED VERSION

IF YOU ("LICENSEE") DO NOT ACCEPT THIS AGREEMENT AND HAVE PROOF OF
PAYMENT, YOU ("LICENSEE") MAY RETURN THE UNUSED SOFTWARE TO EAST TECHNOLOGIES
WITHIN THIRTY (30) DAYS FOR A REFUND OF SUCH LICENSE FEE.

The EAST Technologies software product identified above (the "Software") is
the property of EAST Technologies or its licenses and is protected by
copyright law. While EAST Technologies continues to own the Software, you
will have certain rights to use the Software after your acceptance of this
license.

This license must be accompanied by "DisposeSecure Enterprise License Addendum",
which specifies the number of computers that you ("LICENSEE") may erase
using the purchased Software and the number of persons (technicians)
that can use the Software.

PLEASE NOTE THAT DisposeSecure Enterprise LICENSE ADENDUM IS INTEGRAL PART OF
THIS LICENSE AGREEMENT AND SHOULD BE KEPT IN A SAFE PLACE ATTACHED TO THIS
AGREEMENT. YOU ("LICENSEE") WILL ONLY BE ASSIGNED AS A LICENSED USER OF THE
SOFTWARE, BASED ON THE PAYMENT RECORDS TOGETHER WITH THE LICENSE AGREEMENT
AND DisposeSecure Enterprise LICENSE ADENDUM.

YOU ("LICENSEE") MAY:
(i) use the Software in accordance with DisposeSecure Enterprise License Addendum
provided to the LICENSEE by EAST Technologies at purchase.

(ii) make one backup copy of the Software, provided your backup copy is not
installed or used on any computer, and provided that you reproduce all
copyright and other proprietary notices that are on the original copy of the
Software;

YOU MAY NOT:
(i) distribute the full version of the software. Violation of this rule may result
in temporary or permanent revocation of this license; the original licensee will
also be held responsible for damages, physical and estimated.

(ii) copy the documentation which accompanies the Software;

(iii) sublicense, rent or lease any portion of the Software;

(iV) reverse engineer, decompile, disassemble, modify, translate, make any
attempt to discover the source code of the Software, or create derivative
works from the Software; or

(v) use a previous version or copy of the Software after you have received
a disk replacement set or an upgraded version as a replacement of the prior
version, unless you donate a previous version of an upgraded version to a
charity of your choice, and such charity agrees in writing that it will be
the sole end user of the product, and that it will abide by the terms of this
agreement. Unless you so donate a previous version of an upgraded version,
upon upgrading the Software, all copies of the prior version must be destroyed.

Using an illegal copy of this software product or distributing a full version of
the product is in violation of United States of America ("U.S."), European and
international copyright laws and will be prosecuted to the maximum extent possible
under the law.

TERM:
This Agreement is effective for an unlimited duration unless and until
earlier terminated as set forth herein. This Agreement will terminate
automatically if you fail to comply with any of the limitations or other
requirements described herein. Upon any termination or expiration of this
Agreement, you must destroy all copies of the Software. You may terminate
this Agreement at any point by destroying all copies of the Software.

UPDATES:
By purchasing a full version of East-Tec DisposeSecure 2008 Enterprise you are
entitled to received one (1) year of free updates, upgrades and support to all
versions of the Software, released during this one (1) year subscription period,
when and as EAST Technologies publishes it via its website or through other
online services.

After the expiration of the one (1) year subscription period, calculated from the
date you made the purchase of the software, if you choose not to renew your
subscription for East-Tec DisposeSecure 2008 Enterprise (for additional one (1)
years period) you will not be entitled to receive any updates, upgrades and
support for this product.

OWNERSHIP RIGHTS:

East-Tec DisposeSecure 2008 Enterprise (TM)
Copyright (C) 2006-2008 by EAST Technologies S.R.L.
All rights reserved.

The Software is protected by Romanian copyright laws and international
treaty provisions. EAST Technologies or its licensors own and retain all
right, title and interest in and to the Software, including all copyrights,
patents, trade secret rights, trademarks and other intellectual property
rights therein. Your possession, installation, or use of the Software does
not transfer to you any title to the intellectual property in the Software,
and you will not acquire any rights to the Software except as expressly set
forth in this Agreement. All copies of the Software made hereunder must
contain the same proprietary notices that appear on and in the Software.

WARRANTY DISCLAIMER:
THE SOFTWARE IS PROVIDED "AS IS.". TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, EAST TECHNOLOGIES DISCLAIMS ALL WARRANTIES, EITHER EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH
RESPECT TO THE SOFTWARE AND THE ACCOMPANYING DOCUMENTATION. YOU ASSUME
RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS,
AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE.
WITHOUT LIMITING THE FOREGOING PROVISIONS, EAST TECHNOLOGIES MAKES NO
WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR
OTHER FAILURES OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. SOME STATES
AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. The foregoing provisions shall be
enforceable to the maximum extent permitted by applicable law.

LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT,
OR OTHERWISE, SHALL EAST TECHNOLOGIES OR ITS SUPPLIERS BE LIABLE TO YOU OR
TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY AND ALL
OTHER DAMAGES OR LOSSES.
IN NO EVENT WILL EAST TECHNOLOGIES BE LIABLE FOR ANY DAMAGES IN EXCESS OF
THE LIST PRICE EAST TECHNOLOGIES CHARGES FOR A LICENSE TO THE SOFTWARE, EVEN
IF EAST TECHNOLOGIES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH
OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
FURTHERMORE, SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND
EXCLUSION MAY NOT APPLY TO YOU. The foregoing provisions shall be enforceable
to the maximum extent permitted by applicable law.

Good data processing procedure dictates that any program be thoroughly tested
with non-critical data before relying on it. The user must assume the entire
risk of using the program. ANY LIABILITY OF THE SELLER WILL BE LIMITED EXCLUSIVELY
TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE.

HIGH RISK ACTIVITIES:
The Software is not fault-tolerant and is not designed or intended for use
in hazardous environments requiring fail-safe performance, including without
limitation, in the operation of nuclear facilities, aircraft navigation or
communication systems, air traffic control, weapons systems, direct life-
support machines, or any other application in which the failure of the
Software could lead directly to death, personal injury, or severe physical
or property damage (collectively, "High Risk Activities"). EAST Technologies
expressly disclaims any express or implied warranty of fitness for High Risk
Activities.

MISCELLANEOUS:
The Software is a "commercial item". This Agreement is governed by the laws
of Romania. Any action or proceeding brought by anyone arising out of or
related to these terms and conditions shall be brought only in a court of
competent jurisdiction located in Oradea, Romania, and the parties hereby
consent to the jurisdiction and venue of said court. This Agreement sets
forth all rights for the user of the Software and is the entire agreement
between the parties. This Agreement supersedes any other communications with
respect to the Software. This Agreement may not be modified except by a
written addendum issued by a duly authorized representative of EAST
Technologies. No provision hereof shall be deemed waived unless such waiver
shall be in writing and signed by EAST Technologies or a duly authorized
representative of EAST Technologies. If any provision of this Agreement is
held invalid, the remainder of this Agreement shall continue in full force
and effect.

EAST TECHNOLOGIES CUSTOMER CONTACT:
If you have any questions concerning these terms and conditions, or if
you would like to contact EAST Technologies for any other reason, please
write to:
EAST Technologies European Offices,
Romania, Bihor County, Piata Unirii Nr. 2-4, Et. 1, Oradea 410072
E-Mail: customer@east-tec.com
World Wide Web: http://www.east-tec.com