This Software Product Licensing Agreement (the "Agreement") is a legally binding agreement between you and Andrey O. Fedorov, private entrepreneur registered under the laws of Ukraine (the "Licensor") for the use of a computer program known as DHFS Recovery / RAW Universal / Android Data Recovery (ADR512) / OfficeX Recovery / HikV Revovery / Infinity (IVR) Recovery, including any supporting documentation and/or materials (the "Software").
This Agreement sets out terms and conditions, on which the Licensor offers licensing the Software.
This Agreement is binding on you and any person who takes any actions with respect to your copy of the Software, whether at your direction or not. This agreement shall also have binding nature in relation to any third party.
Please read carefully the following terms and condition of the licensing agreement before using this Software. By using the Software in any manner (including installing or using the Software to copy data, etc.), you accept the terms and conditions of this Licensing Agreement. If you do not accept the terms and condition of this Licensing Agreement, do not use the Software. You must instead return the Software to the seller for refunding the paid funds to you.
Terms and Conditions of the Licensing Agreement
The Software shall be licensed, rather than sold. This Agreement gives you a restricted right to use the Software. The Licensor reserves all other rights, including all copyrights and any industrial property and intellectual property rights vested in it.
1.а. Evaluation License
In order to use the Software for evaluation purposes on the terms and conditions of this Agreement, the Licensor gives you the following limited rights to launch and use the Software for evaluation purposes for indefinite period of time. By using the Software for evaluation purposes, you must agree to the technical restrictions available in the Software (the "Demo Version Restrictions"). Detail information relating to the technical restrictions is available at http://soft.512byte.ua/demos.html
In order to use the Software without the Demo Version Restrictions, you must pay the price of the Personal License (clause 1.b) and activate your copy of the Software by using the Software Registration Code (clause 1.с).
1.b. Personal License
In order to use the Software for personal purposes on the terms and conditions of this Agreement, the Licensor gives you the following limited rights to use (in accordance with clause 4 of this Agreement), advertise and copy the Software to create a backup copy. The Licensor shall hold all other rights, including all copyrights and industrial property and any intellectual property rights vested in it.
You are entitled to use the Software for a limited period (in accordance with clause 10 of this Agreement) at one personal computer, provided that the Licensor reserves the right to modify this condition with respect to further versions of the Software.
These rights are applicable exclusively to one release of the Software and one operating system platform (clause 1.е)
In order to have right to use the Personal License, you should fill in the form available on the website, pay for the registration of the Personal License to use the Software, obtain at the email address indicated during the registration the Software registration code (clause 1.с), and send the code to the Licensor; after this the Licensor shall compile and send you the Software.
The Personal License shall be valid and effective for one year after the payment. You may extend the term of the Personal License for each next following year by paying 50% of the initial price.
1.c. Software Registration Code
The Software Registration Code is a sequence of symbols that may, together with the Software Registration Name or separately, be used to identify a user as the authorized user of the License to use the Software.
The Licensor or authorized resellers shall be exclusively entitled to release, distribute or deliver any Software Registration Codes to end users or third parties. Any unauthorized distribution or any unlawful transfer of the Software Registration Code shall serve as the ground to terminate the License.
The Licensor shall be entitled to change registration codes as a part of the Software updating. If so, in order to update the Software (in accordance with clause 6), you should request an updated registration code from the Licensor.
The Licensor may verify whether the License to use the Software is valid based on the Software Registration Code.
1.d. Operating System Platform
The Licensor shall be entitled to set limits of this license applicability to certain Operating Systems and Platforms with respect to hardware or software. Different licenses may be needed to use the Software on different platforms. Information relating to the specific applicability of the License to use the Software may be received at the software product website or by contacting the Licensor.
2. Copyright and Intellectual Property Rights
Andrey O. Fedorov (the Licensor) holds copyrights to the Software as confirmed by Copyright Registration Certificate No.76539/No.76541/No.76540/ 02.02.2018 No.77819/No.77818/No.77817/ 23.03.2018 issued by the Ministry of Economic Development and Trade of Ukraine.
The Licensor's rights are protected by the Law of Ukraine on Copyright and Allied Rights, other copyright laws and international treaties. The Licensor grants the right to use the Software exclusively on the terms and conditions set out in this Agreement. It shall be prohibited from deleting any proprietary or copyright notices in the Software.
The Software name shall be protected by the Law on Protection of Trademarks.
The Licensor's company name shall be protected by the Law on Protection of Trademarks.
3. General Use
Neither you, nor any persons acting on your instructions, nor any third party shall take any action with respect to the Software or any part thereof, such as circumventing any technical limitation in the Software, modifying, changing, decompiling, recompiling, dissembling, adapting, translating or reproducing, reverse engineering of, or creating derivative works based on, the Software. In any event, you shall give notice to the Licensor of any information received relating to the reverse engineering or aforementioned actions, which shall be treated as the Licensor' confidential information and may be used in relation to the Software only. If you are interested in any information relating to the Software, you should contact the Licensor in the first place.
4. Commercial Use
4.a Personal License
Any commercial use (aimed at profit making) of the Software shall be prohibited (unless you have signed a separate licensing agreement with the Licensor that permits such commercial use). Under no circumstances, you, as the end user, shall be permitted, allowed or have right to use the Software or any part thereof for commercial purposes. Neither you, nor any persons acting on your instruction, nor any third party shall take any action with respect to the Software or any part thereof, such as selling, leasing, letting, renting or using the Software for any commercial (profit-oriented) purposes.
Please review the document "License to Distribute the Software Demo Version," if you wish to distribute the Software. In addition, you should also comply with the terms and conditions of this Agreement.
6. Updates and Support
The Licensor reserves the right to update from time to time contents of the Software and related files, documentation, licensing terms and conditions and/or other elements at its sole discretion without consent of or obligations to the users or distributors who already hold the license.
The Licensor shall provide free information and technical support within the entire effective period of the Personal License.
7. Waiver of Warranties
The Software is delivered on an as-is basis, without any warranties with respect to the Software or any carrier containing the same, either expressed or implied, including, but not limited to, implied warranties of merchantability or fitness for any particular purpose in relation to the Software. The Licensor does not warrant that the Software will operate without errors and will meet any requirements. The aforementioned warranty supersedes and replaces all other warranties given either verbally or in writing. Nobody, but the Licensor, shall be entitled to amend or supplement this warranty.
8. Limitation of Liability
The Licensor shall not be held liable, nor compensate for in excess of the amount paid for the Software (if any payment has been made) for loss of data, loss of savings, loss of profit, special, consequential, indirect, punitive or other damage caused by negligence, direct liability, breach of warranty obligations, breach of terms and conditions of a contract, notwithstanding that notice has been given that such damage may potentially arise, or for any third party claims.
9. Transfer of the License
Neither the full License, nor any part or any section thereof may be transferred or sublicensed.
10. Early Termination of the Agreement
This license and your right to use the Software shall be terminated automatically if you are in breach of any part of this Agreement without any additional notice from the Licensor. Moreover, you shall be entitled to terminate this license at any time. After the license was terminated, you shall immediately destroy all copies of the Software.
After the license was terminated, the Licensor shall also be entitled to enforce the rights vested in it under the laws.
11. Compensation for Damage
You hereby agree to indemnify, defend and hold harmless the Licensor, his family members, relatives, licensees, sub-licensees, distributors and attorneys against any damage, loss, claims, litigations, lawsuits, liabilities, legal proceedings and costs and expenses of any kind whatsoever arising out of, caused by or connected with a violation of, this Agreement by you or your using or failing to use the Software.
12. Restricted Rights
The Software and any accompanying documentation shall be provided with restricted rights.
* Should a court find any provision of this Agreement is invalid, ineffective, unenforceable or illegal, such provision shall not affect the validity, effectiveness, enforceability or legality of other provisions hereof. If any provision is found to have no legal effects, you shall agree to amend such provision to ensure that it is legally effective to the extent permitted by the applicable laws. If either of the parties waives enforcing any provision of this Agreement, such waiver shall not be treated as or constitute the waiver of any such provision or the right to enforce such provision.
* The following provisions shall survive the expiration or early termination of this Agreement: clauses 2., 3., 4. and 11
14. Refunding Policy
You may, within 3 days of the date the compiled Software was sent to you, contact the support service and report and describe in detail the problem you have faced with the operation of the Software and, at your option, file an application for refunding.
You should indicate in the application the email address, to which the license was sent, describe the failure, attached a screenshot and send the report file 'glog.log' created in the Software catalog upon each execution. In addition, the support service may request a fragment of the image where the error occurred.
The time needed to resolve the problem relating to the Software operation or the time needed for our support service to make decision whether to refund funds or not shall not counted in and fall into the aforementioned three-day period given to you to fill in the application for refunding.
If the support service is unable to help you to cure to problem so occurred and your arguments are sufficient for the Licensor to make decision for refunding, the Licensor will refund to the account indicated by you in the application 95% of the initial price of the Personal License, provided that the Licensor shall not bear any costs and expenses related to the payment of any bank fees.
15. Governing Law
This Agreement shall be governed by the law of Ukraine. You agree that courts located in Kyiv, Ukraine, shall have jurisdiction over all claims, actions and lawsuits arising out of or in connection with this Agreement. Any exportation of this product shall be governed by export regulations of Ukraine.
By using this Software, you acknowledge that you have read and understand contents of this Agreement and give your consent to adhere to the terms and conditions hereof. Furthermore, you agree that this Agreement sets out fully and exclusively the parties' rights and obligations and that this Agreement shall supersede all verbal or written offers, preliminary agreements and arrangements between the parties with respect to the subject matter hereof.
If you do not agree to the terms and conditions hereof or do not understand any of the terms and conditions, you should immediately uninstall and destroy your copy of the Software.