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Old 12th April 2009, 02:36 AM   #1
Mario
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Post DAEMON Tools Pro EULA.

DAEMON Tools Pro End User License Agreement as of version: 4.30.0305. (09 April 2009)

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“DAEMON Tools Pro” End User License Agreement

IMPORTANT-READ CAREFULLY: This “DAEMON Tools Pro” End-User License Agreement ("EULA") is agreement between you (either an individual or a single entity) and DT Soft Ltd (hereinafter referred to as “Software Licensor”) for the “DAEMON Tools Pro” software product identified above, which includes computer software and may include associated media, printed materials, and "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 and you want to create or use a backup of your original CD.

This software is provided 'as is'. The authors cannot be held responsible for any loss of data or other misfortunes resulting from the use of this program. Likewise the authors cannot be held responsible for the use or misuse of this software.

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. “Software Licensor” 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. “Software Licensor” grants to you a non-exclusive and limited license to install and use one copy of the SOFTWARE PRODUCT on computer that you use (‘licensed device').
The first user of the software has to validate the SOFTWARE PRODUCT. The first user of the SOFTWARE PRODUCT may reassign the license to another device. If user reassigns the license, then other device becomes the ‘licensed device'.
The SOFTWARE PRODUCT will from time to time validate the SOFTWARE PRODUCT (during validation check Internet connection is required)
If, after a validation check (or if there will be no internet connection for some period of time on ‘licensed device'), the software is found not to be properly licensed, the functionality of the SOFTWARE PRODUCT may be affected.

• Electronic Documentation. Solely with respect to electronic documents included with the SOFTWARE PRODUCT, you may make an unlimited number of copies (either in hardcopy or electronic form), provided that such copies are not republished or distributed to any third party.
• Reservation of Rights. “Software Licensor” 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 for use on more than one computer.
• Support Services. “Software Licensor” may provide you with support services related to the SOFTWARE PRODUCT (“Support Services”). Use of Support Services is governed by the “Software Licensor” policies and programs described in the user manual, in “online” documentation, and/or in other “Software Licensor” - provided materials. 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 “Software Licensor” as part of the Support Services, “Software Licensor” may use such information for its business purposes, including for product support and development. “Software Licensor” 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.
• 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, “Software Licensor” may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.

3. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, “Software Licensor” 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. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, 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 “Software Licensor” 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 “Software Licensor” OR ANY SUPPLIER, AND EVEN IF “Software Licensor” 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 “Software Licensor” 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, “Software Licensor” AND ITS LICENSORS AND OTHER SUPPLIERS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. YOU AGREE THAT THE “Software Licensor” 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 “Software Licensor” 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 “Software Licensor” policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.

For “DAEMON Tools Pro” support please contact us: <http://www.disc-soft.com/sendmsg>

DAEMON Tools Pro ("SOFTWARE PRODUCT"): version 4.30.0305;
End-User License Agreement Revision of 09 April 2009


© DT Soft Ltd.
-----------------------------------------------------------------------------

THIRD PARTY TECHNOLOGY USED UNDER LICENSE:
DT Soft Ltd is licensed to use within its software “SCSI Pass Through Direct (SPTD) layer”.

“SCSI Pass Through Direct (SPTD) layer” software and USER LICENSE AGREEMENT:

THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND Duplex Secure Ltd ("Duplex Secure").

1. THIS “SCSI Pass Through Direct (SPTD) layer” software (“SPTD Software”) END USER LICENSE AGREEMENT (THE "AGREEMENT") GOVERNS USE OF THE “SPTD Software” AND ANY RELATED SOFTWARE SERVICES PROVIDED BY "Duplex Secure" OR ITS PARTNERS IN CONNECTION WITH THE “SPTD Software”. BY CLICKING "I AGREE," OR BY DOWNLOADING, INSTALLING OR USING THE “SPTD Software”, YOU AGREE TO THE TERMS OF THIS AGREEMENT, AND YOU CONSENT TO JURISDICTION OF THE EUROPEAN UNION FOR ANY DISPUTE. YOU ACKNOWLEDGE THAT "Duplex Secure" OFFERS THE “SPTD Software” WITHOUT WARRANTIES AND THAT YOUR REMEDIES ARE LIMITED. IF YOU DO NOT AGREE TO THIS AGREEMENT CLICK "EXIT" AND DO NOT INSTALL OR USE THE “SPTD Software”.



2. LICENSE GRANT. "Duplex Secure" grants you a personal, limited, non-exclusive, non-sublicensable, non-transferable license to use the “SPTD Software” for personal and internal business purposes, provided any copy must contain all of the original proprietary notices.
This license does not entitle you to receive from “SPTD Software” hard-copy documentation, support, telephone assistance, or enhancements or updates to the “SPTD Software”.


3. RESTRICTIONS. You may not: (i) modify or create any derivative works of the “SPTD Software” or documentation, including customization, translation or localization (aside from any rights you may have to modify those portions of the source code released under a separate source code license); (ii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of the “SPTD Software” , or in any way ascertain, decipher, or obtain the communications protocols for accessing the “SPTD Software”, or the underlying ideas or algorithms of the “SPTD Software”; (iii) use kernel mode debuggers (SoftICE, WinDbg etc.) because “SPTD Software” is not compatible with such debuggers; (iv) use the “SPTD Software” to reproduce, display, perform, or distribute audio and/or video content in any manner that violates any U.S. or foreign laws or regulations or any third party's rights, including copyright, privacy or publicity rights, or other intellectual property right; (v) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the “SPTD Software”; (vi) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the “SPTD Software” ; (vii) block, disable, or otherwise effect any windows, tabs, links to other sites and services, or other features that constitute an integral part of the “SPTD Software” ; (viii) use the “SPTD Software” in any way that violates this Agreement or any law; or (ix) authorize or assist any third party to do any of the things described in this paragraph.

4. TERMINATION. If you violate the terms of this Agreement, this Agreement and your right to use the “SPTD Software” shall terminate immediately and without notice. In the event of any termination of this Agreement or your rights hereunder, all provisions of this Agreement except the “License Grant” section shall survive such termination and you agree to continue to be bound by those terms. Upon termination, you must destroy all copies of the “SPTD Software”.


5. PROPRIETARY RIGHTS. “Duplex Secure” and/or its licensors and other suppliers retain all title, ownership, and intellectual property rights in the “SPTD Software”. The “SPTD Software” is protected by copyright and other intellectual property laws and by international treaties.

6. INJUNCTIVE RELIEF. You acknowledge and agree that, notwithstanding any other provisions of this Agreement, your breach or threatened breach of this Agreement shall cause “Duplex Secure” irreparable damage for which recovery of money damages would be inadequate and that “Duplex Secure”, therefore, may obtain timely injunctive relief to protect its rights under this Agreement in addition to any and all other remedies available at law or in equity.

7. DISCLAIMER OF WARRANTY. THE “SPTD SOFTWARE” IS PROVIDED WITH ALL FAULTS ON AN "AS IS" BASIS. “DUPLEX SECURE” AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES THAT THE “SPTD SOFTWARE” IS FREE OF DEFECTS, VIRUS FREE, AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE FUNCTIONALITY OF THE “SPTD SOFTWARE” WILL MEET YOUR REQUIREMENTS, OR THAT ERRORS IN THE “SPTD SOFTWARE” WILL BE CORRECTED, AND THE IMPLIED WARRANTIES THAT THE “SPTD SOFTWARE” IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. FURTHER, “DUPLEX SECURE” AND ITS LICENSORS AND SUPPLIERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE “SPTD SOFTWARE” IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. IN ADDITION, THE SECURITY MECHANISMS IMPLEMENTED BY THE “SPTD SOFTWARE” HAVE INHERENT LIMITATIONS, AND YOU MUST DETERMINE THAT THE “SPTD SOFTWARE” SUFFICIENTLY MEETS YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY “DUPLEX SECURE” OR A “DUPLEX SECURE” AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. “DUPLEX SECURE” AND ITS LICENSORS AND OTHER SUPPLIERS HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF THE “SPTD SOFTWARE”. YOU BEAR THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE AND ASSUME THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE “SPTD SOFTWARE” IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

8. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL “DUPLEX SECURE” OR ITS PARENT, AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, LICENSORS, SUPPLIERS, AGENTS OR RESELLERS (COLLECTIVELY, THE " “DUPLEX SECURE” GROUP") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE “SPTD SOFTWARE” , INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

9. Root certification installation disclosure. “SPTD Software” adds a root Certificate during installation of “SPTD Software”.
The Root Certificate name is: “Generic Root Trust CA” (Thumbprint: ce 1a 35 53 ba 61 55 da 51 60 09 7b 4b 1e a1 ff 4c ba 71 95).
Root certificate is being installed by “SPTD software” setup, which is signed by VeriSign Class 3 certificate, as part of Duplex Secure Ltd own Public Key Infrastructure (PKI) used to verify integrity of files being installed and integrity of dependent software.


10. HIGH RISK ACTIVITIES. The “SPTD Software” 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, “DUPLEX SECURE” AND ITS LICENSORS AND OTHER SUPPLIERS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. YOU AGREE THAT THE “DUPLEX SECURE” WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM THE USE OF THE “SPTD SOFTWARE” IN SUCH APPLICATIONS.

11. 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.

12. This Agreement constitutes the entire agreement between you and “Duplex Secure” concerning the subject matter of this Agreement, which may only be modified by “Duplex Secure”.

For “SPTD Software” support please contact:
support@duplexsecure.com or check out
“Duplex Secure” website http://www.duplexsecure.com/en/support/

“SCSI Pass Through Direct (SPTD) layer” software (“SPTD Software”) version 1.58;
EULA revision 09 April, 2009

© Duplex Secure Ltd.
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