IMPORTANT NOTICE: READ BEFORE PROCEEDING AND UTILIZING THE PROGRAM
The software, NovaStor-DataSAFE contained in this archive (the "Product") and related documentation included in this archive with the NovaStor-DataSAFE software are offered to you by NOVASTOR SOFTWARE CORPORATION ("NOVASTOR") of 80-B West Cochran Street, Simi Valley, CA 93065-6219 (Phone: 805-579-6700 Fax: 805-579-6710) only for use in accordance with the terms of the End User License Agreement below. SELECTING 'OK' ON THIS SCREEN AND CONTINUING TO INSTALL THE PRODUCT AND/OR OPERATING THE PRODUCT INDICATES YOU HAVE READ, UNDERSTOOD AND ACCEPT THESE TERMS. IF YOU ARE UNABLE OR UNWILLING TO ENTER AND COMPLY WITH THIS AGREEMENT, SELECT CACNEL BELOW AND END THE INSTALLATION PROCESS. CONTACT NOVASTOR IF YOU WISH TO DISCUSS THE AGREEMENT BELOW, BEFORE INSTALLING OR RUNNING THE PRODUCT.
END USER LICENSE AGREEMENT
LICENSE: Subject to the terms and conditions of this Agreement, NovaStor hereby grants you a non-exclusive license to use the Product on one computer, for the purposes referred to in the NovaStor documentation. This includes making copies but only as reasonably required to install and use it in association with your licensed processor and to follow your normal back-up practices.
Subject to the license expressly granted above, you obtain no right, title, interest in or to the Product or related documentation, including but not limited to any copyright, patent, trade secret, trademark or other proprietary rights therein. All whole and partial copies of the Product, remain the property of NovaStor and will be considered part of the Product for the purpose of this Agreement.
Unless expressly permitted by this Agreement or otherwise by NovaStor in writing, you will not: i) use, reproduce, modify, adapt, translate or transmit the Product or related documentation, in whole or in part; ii) rent, lease, license, transfer or otherwise provide access to the Product or related documentation; iii) alter, remove or cover proprietary notices in or on the Product, related documentation or storage media; iv) export the Product from the country in which it was provided to you by NovaStor or its authorised distributor; v) use a multi-processor version of the Product in a network larger than that for which you have paid the corresponding multi-processor fees; vi) decompile, disassemble or otherwise attempt or assist others to reverse engineer the Product; or vii) use the Product in any application that is intended to create or could, in the event of malfunction or failure, cause serious personal injury or property damage.
WARRANTY: NovaStor cannot warrant the Product will function in accordance with related documentation in every combination of hardware platform, software environment and Product configuration. You acknowledge that software bugs are likely to be identified when the Product is used in your particular application. You therefore accept the responsibility of satisfying yourself that the Product is suitable for your intended use. This includes conducting exhaustive testing prior to its initial use and prior to its use with any related hardware or software or any modifications or enhancements thereto.
Subject to documentation errors, and as the Product is being provided to you free of charge for evaluation purposes in this archive provided by others NovaStor cannot warrant to you the enclosed archive will be free from defects in material and workmanship under normal use. Should you encounter a problem with the CD you should contact the party from whom you have received the archive from for a replacement.
LIMITATIONS: EXCEPT AS EXPRESSLY WARRANTED ABOVE, THE PRODUCT, RELATED DOCUMENTATION AND DISKS ARE PROVIDED "AS IS" WITHOUT OTHER WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PRODUCT. NOTHING STATED IN THIS AGREEMENT WILL IMPLY THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ERRORS WILL BE CORRECTED. OTHER WRITTEN OR ORAL STATEMENTS BY NOVASTOR, ITS REPRESENTATIVES OR OTHERS DO NOT CONSTITUTE WARRANTIES OR CONDITIONS OF NOVASTOR.
IN NO EVENT WILL NOVASTOR (OR ITS OFFICERS, EMPLOYEES, SUPPLIERS OR DISTRIBUTORS) BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, ARISING OUT OF ANY BREACH OF THIS AGREEMENT, ANY USE OR INABILITY TO USE THE PRODUCT OR ANY CLAIM MADE BY A THIRD PARTY, EVEN IF NOVASTOR (OR ITS OFFICERS, EMPLOYEES, SUPPLIERS OR DISTRIBUTORS) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR CLAIM. IN NO EVENT WILL THE AGGREGATE LIABILITY OF NOVASTOR (OR ITS OFFICERS, EMPLOYEES, SUPPLIERS OR DISTRIBUTORS) FOR ANY DAMAGES OR CLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT.
These limitations shall apply whether or not the alleged breach or default is a breach of a fundamental condition or term, or a fundamental breach. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, or certain limitations of implied warranties. Therefore the above limitation may not apply to you.
TERM: This Agreement commences upon your acceptance (as described above) and will end when terminated. You may terminate this Agreement at any time. It will be deemed to terminate immediately if you fail to comply with any material term herein. Upon notice of such breach you will immediately destroy all whole or partial copies of the Product in your possession or control.
BOILER PLATE: This Agreement is governed and will be construed in accordance with the laws in force in the province of Ontario, Canada and the United Nations Convention on Contracts for the International Sale of Goods will not apply. This Agreement constitutes the entire agreement between you and NovaStor pertaining to the Product, and related documentation and disks, and supersedes all prior or contemporaneous agreements, understandings, negotiations and discussions, whether oral or written. No amendment or waiver of any term of this Agreement will be binding unless executed in writing by the parties. Subject to the export restrictions provided above, you are entitled to assign this Agreement to a third party who has provided NovaStor with prior written acknowledgement of their acceptance of the terms herein. In such a case you will transfer all copies of the Product (retaining nothing) to the assignee. NovaStor and its authorized representatives retain the right to trace Product serial numbers at any time and in any reasonable manner.
