This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and The LSoft Technologies Inc for the Active@ Partition Manager later referred to as 'SOFTWARE'. By installing, copying, or otherwise using the SOFTWARE 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 or use the SOFTWARE.
LSoft Technologies Inc may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in this document. The furnishing of this document does not give you any license to these patents, trademarks, copyrights, or other intellectual property.
The SOFTWARE is licensed, not sold. Copyright laws andinternational copyright treaties, as well as other intellectual property laws and treaties protect the SOFTWARE.
GRANT OF LICENSE.
(a) FREEWARE VERSION. You may use fully-functional SOFTWARE without charge to review, create, format, delete and manage your partitions under Windows(tm) environment.
(b) REDISTRIBUTION OF FREE COPY. If you are using FREE SOFTWARE on an evaluation basis you may make copies of the FREE SOFTWARE as you wish; give exact copies of the original FREE SOFTWARE to anyone; and distribute the FREE SOFTWARE in its unmodified form via electronic means (Internet, e-mail, Shareware distribution libraries, CD-ROMs, etc.). You may not charge any fee for the copy or use of the evaluation FREE SOFTWARE itself, but you may charge a distribution fee that is reasonably related to any cost you incur distributing the FREE SOFTWARE (e.g. packaging). You must not represent in any way that you are selling the software itself. Your distribution of the FREE SOFTWARE will not entitle you to any compensation from Active Data Recovery Software. You must distribute a copy of this EULA with any copy of the Software and anyone to whom you distribute the SOFTWARE is subject to this EULA.
RESTRICTIONS. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, or lend the SOFTWARE. You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA. You may not use the SOFTWARE to perform any unauthorized transfer of information (e.g. transfer of files in violation of a copyright) or for any illegal purpose.
SUPPORT SERVICES. LSoft Technologies Inc may provide you with support services related to the SOFTWARE. Use of Support Services is governed by the LSoft Technologies Inc polices and programs described in the online documentation and web site, and/or other LSoft Technologies Inc-provided materials, as they may be modified from time to time. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE and subject to the terms and conditions of this EULA. With respect to technical information you provide to LSoft Technologies Inc as part of the Support Services, Active Data Recovery Software may use such information for its business purposes, including for product support and development. LSoft Technologies Inc will not utilize such technical information in a form that personally identifies you.
TERMINATION. Without prejudice to any other rights, LSoft Technologies Inc 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.
COPYRIGHT. The SOFTWARE is protected by copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of LSoft Technologies Inc and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.
DISCLAIMER OF WARRANTY. Active Data Recovery Software expressly disclaims any warranty for the SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
LIMITATION OF LIABILITY. IN NO EVENT SHALL ACTIVE DATA RECOVERY SOFTWARE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE, EVEN IF LSoft Technologies Inc HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, ACTIVE DATA RECOVERY SOFTWARE'S ENTIRE LIABILITY UNDER ANY PROVOSION OF THIS EULA SHALL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT.
LSoft Technologies reserves all rights not expressly granted here.