The Undelete - Data Recovery Software License

END-USER LICENSE AGREEMENT

IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) later referred to as "LICENSEE" and The Undelete Company later referred to as " The Undelete" for the software product The Undelete 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 purchase, install or use the SOFTWARE.

The Undelete 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.

SOFTWARE LICENSE

Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the SOFTWARE. The SOFTWARE is licensed, not sold.

1. GRANT OF LICENSE.

This EULA grants you the following rights:
-You may use this SOFTWARE. "Use" of the SOFTWARE means that you have loaded, installed or run the SOFTWARE on to a computer or server.
SOFTWARE on to a computer or server.
-You may use this SOFTWARE in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of this SOFTWARE together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race sexual orientation or age is strictly prohibited.

2. DISTRIBUTION.

This SOFTWARE may be distributed, provided that:
- Such distribution includes only the original distributive file supplied by The Undelete. You may not alter, delete or add any files in the distributive file or modify the SOFTWARE in any way.
- No money is charged to the person receiving this SOFTWARE, beyond reasonable cost of packaging and other overhead.

3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

- You may not reverse engineer, recompile, and disassembly, modify, translate the SOFTWARE and make any attempt to discover the source code of the SOFTWARE.
- You may not transfer, sell, re-sell, offer for sale or distribute the SOFTWARE in any way except in accordance with paragraph 2 above. For information about distribution of The Undelete Software, contact us at sales@the-undelete.com.

4. DISCLAIMER OF WARRANTY.

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. YOU USE THE SOFTWARE AT YOUR OWN RISK

NO LIABILITY FOR CONSEQUENTIAL DAMAGES.

To the maximum extent permitted by applicable law, in no event shall The Undelete or its employees, contractors, agents, distributors or suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, loss of data, loss of business opportunity, loss or damages to property, injuries to any person or any pecuniary loss,) arising out of the use of or inability to use the SOFTWARE, even if The Undelete has been advised on the possibility of such damages. In any case, The Undelete entire liability under any provision of this EULA shall be limited EXCLUSIVELY TO PRODUCT REPLACEMENT.

5. GOVERNING LAW

This agreement shall by laws of the Province of Ontario and the laws of Canada applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the court of Toronto, Ontario, and any competent Courts of Appeal there from. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this license and not affect the validity and enforceability of any other provisions.

The Undelete reserves all rights not expressly granted here.

ACKNOWLEDGEMENT

I, the LICENSEE, acknowledge that I have read the above EULA and agree with the terms and conditions of the agreement. I also agree that the EULA supersedes any prior agreement, written or verbal, which may exist between me and The Undelete on the subject of the SOFTWARE.