Flobo System Repair Lite End user license agreement
BY RUNNING THIS SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A
PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT,
DO NOT EXECUTE IT.
Flobo Recovery, grants you a non-exclusive license to use the Software
free of charge for evaluation and trial purposes.
DISCLAIMER OF WARRANTY.
The Software is provided on an AS IS basis, without warranty of any kind, including
without limitation the warranties that the Software is merchantable, fit for a
particular purpose or non-infringing. The entire risk as to the quality and
performance of the Software is borne by you. Should the Software prove defective in
any respect, you and not Flobo Recovery or its suppliers assume the
entire cost of any service and repair. In addition, the security mechanisms
implemented by the Software have inherent limitations, and you must determine that
the Software sufficiently meets your requirements. This disclaimer of warranty
constitutes an essential part of the agreement. No use of the Software is
authorized hereunder except under this Disclaimer.
The license will terminate automatically if you fail to comply with the limitations
described herein. You must destroy all copies of the Software upon termination.
TERMS APPLICABLE WHEN LICENSE FEES PAID:
Subject to payment of applicable license fees, Licensor grants to you a
non-exclusive license to use the Software and accompanying documentation
("Documentation") in the manner described below under "SCOPE OF LICENSE GRANT".
If any modifications are made to the Software by you during the warranty period; if
the media is subjected to accident, abuse, or improper use; or if you violate the
terms of this Agreement, then this warranty shall immediately terminate. Moreover,
this warranty shall not apply if the Software is used on or in conjunction with
hardware or software other than the unmodified version of hardware and software
with which the Software was designed to be used as described in the Documentation.
THIS IS A LIMITED WARRANTY, AND IT IS THE ONLY WARRANTY MADE BY LICENSOR OR ITS
SUPPLIERS. LICENSOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. YOU MAY HAVE OTHER STATUTORY RIGHTS.
HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED
WARRANTIES, IF ANY, SHALL BE LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD.
MOREOVER, IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY
ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. NO
DEALER, AGENT, OR EMPLOYEE OF LICENSOR IS AUTHORIZED TO MAKE ANY MODIFICATIONS,
EXTENSIONS, OR ADDITIONS TO THIS LIMITED WARRANTY.
TERMS APPLICABLE TO ALL LICENSE GRANTS
SCOPE OF LICENSE GRANT.
*Use the Software on any single computer;
*Use the Software on a second computer so long as only one (1) copy is used at a
*Use the Software on a network, provided that a licensed copy of the Software has
been acquired for each person permitted to access the Software through the network;
*Copy the Software for archival purposes, provided any copy must contain all of the
original Software's proprietary notices; or
*If you have purchased a Right to Copy license for multiple copies of the Software,
make the number of copies of Software (but not the Documentation) stated on the
packing slip or invoice, provided any copy must contain all of the original
Software's proprietary notices. The number of copies on the invoice is the total
number of copies that may be made. Additional copies of Documentation may be
purchased from Licensor.
You may not:
*Permit other individuals to use the Software except under the terms listed above;
*Permit concurrent use of the Software;
*Modify, translate, reverse engineer, decompile, disassemble (except and solely to
the extent an applicable statute expressly and specifically prohibits such
restrictions), or create derivative works based on the Software;
*Copy the Software other than as specified above;
*Rent, lease, grant a security interest in, or otherwise transfer rights to the
*Using Flobo Recovery products with files not belonging to the license owner. It is explicitly
prohibited to use the program as means to sell an Access data recovery service to
third parties; or
*Remove any proprietary notices or labels on the Software.
Title, ownership rights, and intellectual property rights in the Software shall
remain in Flobo Recovery and/or its suppliers. The Software is
protected by copyright and other intellectual property laws and by international
treaties. Title and related rights in the content accessed through the Software is
the property of the applicable content owner and is protected by applicable law.
The license granted under this Agreement gives you no rights to such content.
This Agreement and the license granted hereunder will terminate automatically if
you fail to comply with the limitations described herein. Upon termination, you
must destroy all copies of the Software and Documentation.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE,
SHALL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR 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 ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES.
IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT
LICENSOR RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF LICENSOR SHALL
HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY
THIRD PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR
PERSONAL INJURY RESULTING FROM LICENSOR'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION
MAY NOT APPLY TO YOU.
HIGH RISK ACTIVITIES.
The Software is not fault-tolerant and is not designed, manufactured or intended
for use or resale as on-line control equipment in hazardous environments requiring
fail-safe performance, such as in the operation of nuclear facilities, aircraft
navigation or communication systems, air traffic control, direct life support
machines, or weapons systems, in which the failure of the Software could lead
directly to death, personal injury, or severe physical or environmental damage
("High Risk Activities"). Accordingly, Licensor and its suppliers specifically
disclaim any express or implied warranty of fitness for High Risk Activities.
MISCELLANEOUS. This Agreement represents the complete agreement concerning the
license granted hereunder and may be amended only by a writing executed by both
parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE
CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR
PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable,
such provision shall be reformed only to the extent necessary to make it