Please, carefully read this Software License Agreement before continuing the installation. By accepting this Agreement in the process of software installation, you agree to be bound by the terms and conditions of the present Agreement. If you do not agree with the terms and conditions of the present Agreement, do not continue the installation and delete your copy of the Software.
This Software License Agreement (hereinafter referred to as "Agreement") is a legal agreement between you and SysDev Laboratories LLC (hereinafter referred to as "Owner") for the UFS Explorer software of specialized Video Recovery and Technician editions (version 7 and version 8), including any enclosed documentation and/or accompanying items (hereinafter referred to as "Software").
This Agreement sets the terms and conditions upon which the Owner offers to license the Software.
This Agreement is binding upon you as well as anyone taking any action with regard to your copy of the Software whether at your guidance or not. This applies to any third party as well.
You should carefully read the following terms and conditions before using the Software. By using the Software in any way (including software installation, copying, exploitation), you accept these terms and conditions. If you do not accept the terms and conditions of the present Agreement, do not use the Software. Instead, return it to the retailer for a refund or credit.
1. Copyright
The Software is copyrighted by Bohdan G. Shulha (the Author). The Owner is authorized to use, modify and sub-license the Software under agreements with the Author.
The rights of the Author and the Owner are protected by Ukrainian copyright laws, other copyright laws and international treaties. The Owner reserves all the rights regarding the Software granted by the Author. The Owner authorizes the use of the Software only in accordance with the terms and conditions set forth in the present Agreement. You must not remove any copyright or proprietary notices from the Software.
2. License Grant
The software is licensed, not sold. The Owner only grants you a non-transferable, non-exclusive and limited right to install and use a copy of the Software as long as you comply with the terms and conditions of the particular Software License Agreement. All other rights remain reserved by the Owner.
Depending on the intended use of the Software, the Owner offers the following particular licenses:
2.a. Trial License.
The Trial (Evaluation) License grants you as an individual the right to install, use and advertise the Software in accordance with the present Software License Agreement. According to the Trial License, you are allowed to use the Software on any computer device, running any of the supported operating systems for an unlimited period.
This Trial License covers only the current major Software version. The Owner reserves the right to change the terms and conditions of this Trial License for further Software versions.
By using the Software for Trial or Evaluation you must comply with the technical limitations in the Software ("TRIAL LIMITATIONS"). For more information about technical limitations, please, refer to the Software technical specification page online.
2.b. Commercial License.
On condition that you have obtained the Software Access Key (see p.3) from the Owner or an authorized affiliate, the Commercial License grants you as a legal entity, company or organization the right to install, use, advertise and make a copy of the Software for backup purposes.
According to the Commercial License, you are allowed to use the Software for commercial purposes, which includes the receipt of monetary gain from the Software use.
The Commercial License activated with the help of a Software-based Access Key allows you to install and use the Software on a single computer owned by you as a legal entity, company or organization and running one of the supported operating systems during 1 year from the day of the License purchase. Three extra days are granted for the delivery of the Software Access Key and its installation.
The Commercial License activated with the help of a Hardware-based Access Key allows you to install and use one copy of the Software on any computer owned by you as a legal entity, company or organization and running one of the supported operating systems during 1 year from the day of the License purchase. Fourteen extra days are granted for the delivery of the Software Access Key.
This Commercial License covers only the current major Software version, one Operating System Platform and is granted for use in a business environment only. The Owner reserves the right to change the terms and conditions of this Commercial License for further Software versions.
The Commercial License is applicable to the following software editions: UFS Explorer Video Recovery, UFS Explorer Technician.
2.c. Government License.
On condition that you have obtained the Software Access Key (see p.3) from the Owner or an authorized affiliate, the Government License grants you as an eligible government institution the right to install, use, advertise and make a copy of the Software for backup purposes.
The Government License activated with the help of a Software-based Access Key allows you to install and use the Software on a single computer owned by you as a government agency and running one of the supported operating systems during 1 year from the day of the License purchase. Three extra days are granted for the delivery of the Software Access Key and its installation.
The Government License activated with the help of a Hardware-based Access Key allows you to install and use one copy of the Software on any computer owned by you as a government agency and running one of the supported operating during 1 year from the day of the License purchase. Fourteen extra days are granted for the delivery of the Software Access Key.
In no case shall the Government License grant the right to use the Software outside the institution or for personal purposes.
This Government License covers only the current major Software version, one operating system platform and is granted for use in the government sector only. The Owner reserves the right to change the terms and conditions of this Government License for further Software versions.
The Government License is applicable to the following software editions: UFS Explorer Video Recovery, UFS Explorer Technician.
3. Software Access Key
The Software Access Key is special computer software, hardware and associated data that includes a unique ID and confirms the validity of the Software License and authorizes the use of the Software for a specific period in accordance with the particular Software License Agreement.
Only the Author, the Owner or authorized resellers have the right to issue or pass Software Access Keys to end-users. Any unauthorized transfer of the Access Key is deemed as a violation of the Software License Agreement and leads to termination thereof.
The Owner reserves the right to change Access Keys with Software updates. As set forth in Paragraph 5 of the present Agreement, you can update your Software copy requesting the Access Key update from the Owner.
The Software Owner may offer the following types of Access Keys for the Software at his own discretion:
3.a. Software-based Access Key
The Software-based Access Key is a Sentinel SL electronic security key that is registered in a single computer system and allows running the Licensed Software within that very system.
3.b. Hardware-based Access Key
The Hardware-based Access Key is a Sentinel HL USB-device that plugs into the USB port of a computer and allows running the Licensed Software on the computer to which it is connected.
4. Operating System Platform
The Owner or the Author has the right to restrict the software use to one of the supported operating systems and certain hardware or software platforms. Different operating system platforms may require the purchase and installation of different Software copies. You should consult the information on the website or contact the Owner for details on the operating system platform for your Software License.
5. Updates
The Owner reserves the right to update and alter the contents of the Software and its accompanying files, documentation, other Software elements and/or License terms, occasionally and at his own discretion without the consent of or any obligation to any authorized users or distributors. Unless this License terminates, you have the right to update your software copy free of charge within the frames of Software Update and Upgrade Policy.
Under the Trial License, you are allowed to use any version (any update) of the Software for evaluation purposes.
Under the Commercial or Government License, you are allowed to use any Software version released prior to your obtaining the Software Access Key. You are allowed to obtain Software Updates released within the Updates Period Term, which starts from the date of the license purchase and lasts for 1 year, for free. Any particular software version, released during the allowed term of upgrades can be used for the term of validity of this Agreement.
The Updates Period Term can be extended by paying extra Updates Period Term extension fee under this License.
6. Territory
This Agreement is applicable worldwide except the following territories:
Japan
The Software use in the territory of Japan is only allowed for non-residents of Japan for non-commercial purposes. Residents of Japan, for either personal or commercial purposes, as well as non-residents of Japan, for commercial purposes in the territory of Japan, shall use Recovery Angel software available from www.recovery-angel.jp.
Korea
The Software use in the territory of Korea is only allowed for non-residents of Korea for non-commercial purposes. Residents of Korea, for either personal or commercial purposes, as well as non-residents of Korea, for commercial purposes in the territory of Korea, shall use Recovery Angel software available from www.recovery-angel.co.kr.
Russian Federation
None of the licenses specified in p. 2 is granted for use in the territory of the Russian Federation or by residents of the Russian Federation. In the case of a license purchase made by a resident of the Russian Federation from any seller in accordance with p. 3 of the License Agreement, or Software use in the territory of the Russian Federation by a non-resident of the Russian Federation, such a license will be immediately canceled without any refund.
7. Limitations
7.1. General Use
Neither you, anyone at your guidance, nor any third party, must take the following actions with regard to the Software or any part thereof: circumvent technical restrictions, modify, change, decompile, recompile, disassemble, reverse engineer, adapt, create derivative works, translate or reproduce the Software or any part thereof. In any event, you must notify the Owner of any information derived from reverse engineering or such activities and the results thereof constitute confidential information of the Owner which may be used only in connection with the Software. In case if you need interface information, you must consult the Owner.
7.2. Commercial Use
Unless explicitly stated in a particular Software License Agreement, any commercial (for-profit) use is prohibited. Under no circumstances must you, the end-user, be allowed or authorized to commercially exploit the Software or any part thereof without special permission. Neither you, anyone at your guidance nor any third party must take the following actions with regard to the Software, or any part thereof, sell, rent, lend, lease, commercially exploit or use the Software for any commercial (for-profit) purpose unless otherwise is stated in a particular Software License Agreement.
7.3. Compliance with Law
In no case shall the Software be used for the purpose of unauthorized access to information or in other activities that may violate any of the applicable international, national, state, regional or local laws and regulations, including but not limited to privacy, trademark, patent, copyright and obscenity laws. The Owner also reserves the right to refuse to provide the Software License to sanctioned individuals and entities or anyone for whom there is a reasonable cause to believe, based on specific or articulable facts, that they have been involved, are involved or pose a significant risk of becoming involved in activities that are illegal, inappropriate or threaten the national security or the safety of any person.
8. Distribution
The Software remains the exclusive property of the Owner. In no way shall you be entitled to distribute Software copies to any third party without special permission provided by the Owner under the Shareware Version Distribution License. At this, the terms and conditions of the present Software License Agreement remain binding. You must also take reasonable steps to prevent any third party from copying the Software from one of your computers or removable devices.
9. Transfer
The Owner grants you a non-transferable right to install and use the Software in compliance with the terms and conditions of the present Agreement. In no way shall you be entitled to transfer your rights under this Software License to any third party. Neither the whole Software License nor any part or part thereof shall be assigned or sub-licensed.
10. Termination
The License and your right to use the Software terminates automatically without any prior notice from the Owner or a refund in case of your failure to comply with any of the limitations described herein or violation of any other part of this Agreement. You can also terminate the License anytime at your own reasonable discretion. Upon the License termination, you agree to immediately cease using the Software and destroy all the Software copies. Upon termination, the Owner may also enforce any rights provided by applicable law.
11. Warranty Policy
THE SOFTWARE IS PROVIDED "AS-IS". NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR COMPATIBILITY FOR ANY PURPOSE, NON-INFRINGEMENT AND/OR ACCURACY OF INFORMATION, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES WITH RESPECT TO THE SOFTWARE ARE MADE AS TO IT OR ANY MEDIUM IT MAY BE ON. OWNER DOES NOT GUARANTEE THAT OPERATION OF THE SOFTWARE WILL BE ERROR-FREE OR MEET ANY REQUIREMENTS. THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL OR WRITTEN. NO ONE BUT THE OWNER OR THE AUTHOR IS AUTHORISED TO MAKE MODIFICATIONS OR ADDITIONS TO THIS WARRANTY.
12. Remedies
THE OWNER WILL NOT BE LIABLE AND WILL PROVIDE NO REMEDY ABOVE THE AMOUNT YOU PAID FOR THE SOFTWARE (IF ANY) FOR LOST DATA, LOST SAVINGS, LOST PROFITS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR ANY OTHER DAMAGES ARISING FROM NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTY, BREACH OF CONTRACT, EVEN AFTER NOTICE OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY OTHER PARTY.
13. Indemnification
You hereby agree to indemnify and hold harmless the Owner, his family, relatives, licensees, sub-licensees, distributors and lawyers against any and all damages, losses, claims, courses of action, lawsuits, liabilities, judgments and all expenses arising from, resulting to, or in connection with a breach of this Agreement by you and arising from, relating to, or in connection with your use or non-use of the Software.
14. Restricted Rights
The Software and any related documentation are provided with restricted and limited rights. Use, duplication and disclosure by the U.S. Government are subject to restrictions as set forth in the subdivision (b)(3)(ii) of the Rights in Technical Data and Computer Software Clause at 252.227-7013. If you are using this software outside the US, you agree to be bound by the applicable law in your country.
15. Survival
A Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby. If any provision is determined to be unenforceable, you agree to a modification of such provision to provide for enforcement of the provision's intent, to the extent permitted by applicable law. Failure of a party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or the right to enforce the provision.
B The following provisions shall survive the expiration or early termination of this Agreement: paragraphs 1, 7 and 13.
16. Entire Agreement
This Agreement along with separate "Refund Policy" and "Upgrade Policy" documents constitute the entire Agreement between you, and the Owner and supersedes any prior written or oral agreement concerning the Software. The Owner is not bound by any action, statements, or any provisions made by anyone else. No modification or change in this Agreement shall be valid or binding upon the Owner, unless in writing.
17. Applicable Law
This Agreement is governed by the laws of Ukraine. You agree to jurisdiction and venue in the courts located in Kyiv, Ukraine, for all claims, disputes and litigation arising under or related to this Agreement. The export of this product is governed by Ukrainian export regulations.
BY USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES AND SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN AND ANY OTHER COMMUNICATION BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
This Agreement sets the terms and conditions upon which the Owner offers to license the Software.
Third-party modules that could be bundled with the Software are subject to separate license terms not covered under this agreement. Any such separate license terms are provided in a text file accompanying this individual third-party module.
If you do not agree with the terms and conditions of this Agreement or do not understand any of them, you must uninstall and delete your copy of the Software immediately.