LICENSE AGREEMENT AND LIMITED WARRANTY
READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY PRIOR TO PURCHASING THE LICENSE CODE TO UNLOCK FILE SCAVENGER(R). THIS DOCUMENT IS AN AGREEMENT BETWEEN YOU (THE "LICENSEE") AND QUETEK(R) CONSULTING CORPORATION (THE "COMPANY"). IF YOU DO NOT AGREE WITH ANY OF THE FOLLOWING TERMS AND CONDITIONS, DO NOT PURCHASE THIS PRODUCT.
1. GRANT OF LICENSE: This agreement between QueTek Consulting Corporation (hereinafter the "Company") and you (hereinafter the "LICENSEE") permits you the non-exclusive right to use File Scavenger (hereinafter the "SOFTWARE"). Depending on the type of license you have purchased, your rights to use the SOFTWARE are as follows:
a) If you have purchased a Personal Use license, you are granted the right to use the SOFTWARE on a single Windows® 8, 7, Vista, XP, 2000, Server 2003, Server 2008, or Server 2012 computer. You can transfer this license to a second computer provided that i) the SOFTWARE is completely removed from the original computer and ii) you no longer intend to use the software on the original computer. The right to transfer a license is not meant for the license to be used as a floating license among multiple computers.
b) If you have purchased a Professional Use license and your name was registered as the licensee, you are granted the right to use File Scavenger on any computer. You can transfer the license to another licensee provided that you no longer intent to use the SOFTWARE because of a permanent change in job assignments or other similar circumstances. The right to transfer a license is not meant for the license to be shared among multiple users.
2. OWNERSHIP OF SOFTWARE: You are granted the right to use a copy of the SOFTWARE. The COMPANY retains all the rights, title and ownership to the SOFTWARE.
3. RESTRICTIONS OF USE: You may not reverse engineer, disassemble, decompile or create derivative work based on this SOFTWARE without explicit written permissions from the COMPANY.
4. LIMITED WARRANTY: The LICENSEE agrees to use the SOFTWARE at the LICENSEE'S own risk. To the fullest extent of applicable laws and regulations, the COMPANY does not warrant that the SOFTWARE will meet the LICENSEE'S requirements or that the software is free of defects.
5. NO LIABILITY FOR DATA INTEGRITY: The COMPANY does not warrant that any files recovered by the SOFTWARE will preserve the original contents. The LICENSEE has the responsibility to validate, by other means, that the contents of any recovered files are intact and usable for the LICENSEE'S purposes.
6. NO WARRANTY OF FUTURE UPDATES: The COMPANY does not warrant that the SOFTWARE will continue to operate and be supported in future versions of the operating systems the SOFTWARE operates under.
7. TECHNICAL SUPPORT: The LICENSEE is entitled to technical support for 3 years from the date of purchase. Under normal conditions, the LICENSEE will receive a response within two business days.
IN NO EVENT SHALL THE COMPANY OR ITS EMPLOYEES, AGENTS, SUPPLIERS, OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THE SOFTWARE. THESE INCLUDE, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF DATA, LOSS OS PROFIT, LOSS OF BUSINESS OPPORTUNITIES, LOSS OR DAMAGES TO PROPERTY, INJURIES TO ANY PERSON, EVEN IF THE COMPANY HAS BEEN ADVISED ON THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. THE ABOVE LIMITATIONS MAY NOT APPLY IN SOME JURISDICTIONS THAT DO NOT ALLOW SUCH LIMITATIONS OF LIABILITY.
I, the LICENSEE, acknowledge that I have read the above agreement and agree with the terms and conditions of the agreement. I also agree that this agreement supersedes any prior agreement, written or verbal, that may exist between me and the COMPANY on the subject of the SOFTWARE.