BEFORE CONTINUING INSTALLATION OF THIS PACKAGE, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE ("LICENSE") TO USE THE PASSWORD RECOVERY SOFTWARE COMPACT DISC ("COMPACT DISC") AND DISKETTE ("DISKETTE") AND ACCOMPANYING PASSWORD RECOVERY USER DOCUMENTATION ("DOCUMENTATION") CONTAINED IN THIS PACKAGE (COLLECTIVELY REFERRED TO AS "YOU OR YOUR") AND ACCESSDATA, INCLUDING ITS SUCCESSORS OR ASSIGNS, (REFERRED TO AS "LICENSOR"), AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES. IF YOU DO NOT WISH TO ENTER INTO THIS LICENSE, RETURN TO THE PLACE OF PURCHASE, UNUSED AND UNINSTALLED, FOR A REFUND OF THE PURCHASE PRICE LESS ANY APPLICABLE RETAILER HANDLING, RESTOCKING OR SERVICE CHARGES.
1. License Grant. Licensor hereby grants to You, and You accept, a non-exclusive license to use the Compact Disc and Diskettes, including the password recovery software contained therein in object-code-only from ("Software"), and Documentation, only as authorized in this License. The Software may be used only on a single computer or local area network ("System") owned, leased, or otherwise controlled by You; or, in the event of the in operability of that system, on a backup system selected by You. Concurrent use of the program on two or more systems in not authorized without the advance written consent of Licensor and the payment of additional license fees. You agree that You will not assign, sublicense, transfer, pledge, lease, rent, or share Your rights under this License.
Upon loading the Software into Your system, You may retain the Compact Disc and Diskettes for backup purposes. In addition, You may make one copy of the Software Installation Disc on a second set of diskettes for the purpose of backup in the event that the Software Installation Disc is damaged or destroyed. Any such copies of the Software shall include Licensor's copyright and other proprietary notices. Except as authorized under this paragraph, no copies of the Program or any portions thereof may be made by You or any person under Your authority or control.
2. Licensor's Rights. You acknowledge and agree that the Program consists of proprietary, published and unpublished property of Licensor, protected under United States copyright law and trade secret laws of general applicability. You further acknowledge and agree that all right, title, and interest in and to the Program are and shall remain with Licensor. This License does not convey to you an interest in or to the Program, but only a limited right of use revocable in accordance with the terms of this License.
3. License Fees. The license fees paid by You are paid in consideration of the licenses granted under this License.
4. Software Installation. It shall be Your sole responsibility to install and make operational the Software on Your system. In the event you need installation assistance, such services may be available from Licensor at an additional cost to You.
5. Term. This License is effective upon Your breaking of any of the seals on the package containing the Program, and shall continue until terminated. You may terminate this License at any time by returning the entire Program, including the Compact Disc and Diskettes, Software and Documentation, and all copies thereof and extracts therefrom, to Licensor and by erasing all copies of the software that may be located on any systems owned or controlled by You or upon which You know a copy of the Software has been placed. Licensor may terminate this License upon the breach by You of any term hereof. Upon such termination by Licensor, You agree to immediately return to Licensor the entire Program, including the Compact Disc and Diskettes, Software and Documentation, and all copies thereof and extracts therefrom, and to erase all copies of the Software that may be located on any systems owned or controlled by You or upon which You know a copy of the Software has been placed.
6. Limited Warranty. Licensor warrants, for Your benefit alone, that the Compact Disc and Diskettes in which the Software is embedded shall, for a period of ninety (90) days from the date of Your purchase of the Program (referred to as the "Warranty Period"), be free from defects in material and workmanship. Licensor further warrants, for Your benefit alone, that during the Warranty Period the software shall operate substantially in accordance with the Documentation. If, during the Warranty Period, a defect in the Program Disc or diskettes or Software appears, You may return the Program to Licensor personally or by mail to AccessData, 2500 North University Avenue Ste 200, Provo, Utah 84604, with written instructions for replacement.
YOU AGREE THAT THE FOREGOING CONSTITUTES YOUR SOLE AND EXCLUSIVE REMEDY FOR BREACH BY LICENSOR OF ANY WARRANTIES MADE UNDER THIS LICENSE. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE PROGRAM, COMPACT DISC, DISKETTES, SOFTWARE AND DOCUMENTATION ARE LICENSED "AS IS," AND LICENSOR DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
7. Limitation of Liability. LICENSOR'S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS LICENSE OR THE USE OF THE PROGRAM SHALL BE LIMITED TO REPLACEMENT OF THE PROGRAM AND, IN ANY EVENT, SHALL NOT EXCEED THE LICENSE FEE PAID TO LICENSOR FOR THE USE OF THE PROGRAM. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOST PROFITS OR ANY SIMILAR CLAIMS, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Indemnification. You accept full legal responsibility for all password recovery performed through Your use of the Program. You agree to hold harmless and indemnify Licensor for any and all demands, claims, legal action and damages, including all attorney's fees and costs, against Licensor which arise out of Your use of the Program. In any legal action regarding the indemnification contained in the paragraph 7, the prevailing party shall be entitled to recover from the non-prevailing party all of its attorney's fees and costs. Password recovery and the subsequential data decryption of unauthorized or otherwise illegally obtained files may constitute theft and may result in Your civil and criminal prosecution.
9. Governing Law. This License shall be construed and governed in accordance with the laws of the State of Utah. Any dispute arising out of or with respect to this License between You and Licensor shall be solely adjudicated by the competent Federal or State court situated in Salt Lake City, Utah. You and Licensor consent to the venue and jurisdiction of such court for purposes of any such dispute.
10. Severability. Should any term of this License be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
11. No Waiver. The failure of either You or Licensor to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breach.
Commercial Use
The Software may be used for non-commercial purposes only. Wherin commercial purposes include but are not limited to use of the software for the benefit of another whether or not compensation is received for such use. For business users, the software may be used for any non-commercial purpose within a single corporation, institution, government agency, business, or toehr single entity for the benefit of that corporation, institution, government agency, business or entity only.
