DAEMON Sync 1.0

EULA - End User License Agreement

DAEMON Sync End User License Agreement IMPORTANT - READ CAREFULLY: This DAEMON Sync End-User License Agreement ('EULA') is the agreement between you (either an individual or a single entity) and Disc Soft Ltd for the DAEMON Sync software product identified above, which includes computer software and may include associated media, printed materials, and the 'online' or electronic documentation ('SOFTWARE PRODUCT'). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, download or use the SOFTWARE PRODUCT. You are only allowed to use this program if you are a legal owner of the original CD (DVD, Blu-ray) and you want to create or use a backup of your original disc. The SOFTWARE PRODUCT is provided 'as is'. Disc Soft Ltd cannot be held responsible for any loss of data or other misfortunes resulting from the use of the SOFTWARE PRODUCT. Likewise, Disc Soft Ltd cannot be held responsible for the use or misuse of the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Disc Soft Ltd or its suppliers own the title, copyright and other intellectual property rights contained in the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is licensed, not sold. 1. GRANT OF LICENSE. This EULA grants you the following rights provided you comply with all terms and conditions contained in this EULA:  Installation and Use. Disc Soft Ltd provides you with a non-exclusive and limited license; this license allows you to install and use a number of the SOFTWARE PRODUCT copies, ordered during the purchase, on the computer(s)/operating system(s) that you use ('licensed instance(s)'). You have to validate the license once (active Internet connection is required during validation) and thus assign it to the computer/operating system. You may reassign the license to another instance. If you reassign the license then other instance becomes the 'licensed instance'.  Reservation of Rights. Disc Soft Ltd reserves all rights not expressly granted to you in this EULA. 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.  Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.  Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated.  Support Services. Disc Soft Ltd may provide you with support services related to the SOFTWARE PRODUCT ('Support Services'). Use of Support Services is governed by the Disc Soft Ltd policies and programs described in the 'online' documentation, and/or in other materials provided by Disc Soft Ltd. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information, you provide to Disc Soft Ltd as part of the Support Services, Disc Soft Ltd may use such information for its business purposes, including product support and development. Disc Soft Ltd will not utilize such technical information in a way that personally identifies you. Support services will NOT be provided to users who would use very rude or obscene language in their support requests.  Information rights and publicity. Disc Soft Ltd may retain and use information that is collected during your use of the SOFTWARE PRODUCT, so that it no longer reflects or references you as an individually identifiable user ('Non-personal Information'). Disc Soft Ltd will not share information associated with your use with any third parties unless Disc Soft Ltd (i) has your consent; (ii) concludes that it is required by law or has a good faith belief that access, preservation or disclosure of such information is reasonably necessary to protect the rights, property or safety of Disc Soft Ltd, SOFTWARE PRODUCT, its users or the public; or (iii) provides such information in certain limited circumstances to third parties to carry out tasks on Disc Soft Ltd behalf (e.g., data storage) with strict limitations that prevent the data from being used or shared except as directed by Disc Soft Ltd. When this is done, it is subject to agreements that oblige those parties to process such information only on Disc Soft Ltd instructions and in compliance with this EULA and appropriate confidentiality and security measures.  Applicable law. This EULA is governed by law of Belize.  No Rental: You may not rent, lease, or lend the SOFTWARE PRODUCT.  Termination. Without prejudice to any other rights, Disc Soft Ltd may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must remove all copies of the SOFTWARE PRODUCT and all of its component parts from the computer (computers). 3. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DISC SOFT LTD AND ITS SUPPLIERS PROVIDE THE SOFTWARE PRODUCT AND ANY (IF ANY) SUPPORT SERVICES RELATED TO THE SOFTWARE PRODUCT ('SUPPORT SERVICES') AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, ALL WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. IN ADDITION, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT AND SUPPORT SERVICES, IF ANY, REMAINS WITH YOU. 4. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DISC SOFT LTD OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF DISC SOFT LTD OR ANY SUPPLIER, AND EVEN IF DISC SOFT LTD OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 5. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), in no event will DISC SOFT LTD AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION be liable for any damages or losses arising from the use of SOFTWARE PRODUCT or inability to use the SOFTWARE PRODUCT, including, without limitation, damages to users’ systems and/or software and/or data, computer failure or malfunction, computer virus transmission, performance delays or communication failures or security breaches. This provision shall survive the expiration or termination of this Agreement. 6. HIGH RISK ACTIVITIES. The SOFTWARE PRODUCT is not fault-tolerant and is not designed, manufactured or intended for use in environments in which its failure could lead directly to death, personal injury, or severe physical or environmental damage, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems ('High Risk Activities'). ACCORDINGLY, DISC SOFT LTD AND ITS LICENSORS AND OTHER SUPPLIERS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. YOU AGREE THAT THE DISC SOFT LTD WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM THE USE OF THE SOFTWARE PRODUCT IN SUCH APPLICATIONS. 7. U.S. Government Users. If you are a U.S. Government user, then the Software Application is provided with 'RESTRICTED RIGHTS' as set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights clause at FAR 52 227-19 or subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, as applicable. 8. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the SOFTWARE PRODUCT) constitutes the entire agreement between you and Disc Soft Ltd relating to the SOFTWARE PRODUCT and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the SOFTWARE PRODUCT or any other subject matter covered by this EULA. To the extent the terms of any Disc Soft Ltd policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. For DAEMON Sync support, please, contact us: http://www.disc-soft.com/sendmsg DAEMON Sync End User License Agreement Revision of October 22, 2015 Copyright © 2015 Disc Soft Ltd.