REVIVERSOFT END USER LICENSE AGREEMENT
IMPORTANT: PLEASE READ ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT BEFORE USING REVIVERSOFT SOFTWARE. REVIVERSOFT, LLC AND/OR ITS SUBSIDIARIES ("REVIVERSOFT") IS PLEASED TO LICENSE THE REVIVERSOFT SOFTWARE TO YOU AS THE INDIVIDUAL THAT WILL BE UTILIZING THE SOFTWARE SOLELY FOR PERSONAL USE (REFERRED TO BELOW AS "YOU" OR "YOUR") ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND REVIVERSOFT. BY CLICKING ON THE "AGREE" OR "YES" BUTTON OR OTHER INDICATOR OF YOUR ELECTRONIC ACCEPTANCE OF THIS AGREEMENT, INSTALLING THE DOWNLOADED SOFTWARE, ACCESSING THE SOFTWARE ONLINE, OR, IF APPLICABLE, BREAKING THE SEAL OF THE TANGIBLE MEDIA CONTAINING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, THEN DO NOT CLICK THE "AGREE", "ACCEPT", OR "YES" BUTTONS OR OTHER INDICATOR OF YOUR ELECTRONIC ACCEPTANCE OF THIS AGREEMENT, AND DO NOT USE OR ACCESS THIS SOFTWARE..
1.1 The software which accompanies or is accessible through this license (collectively the "Software") is the property of ReviverSoft or its licensees and is protected by copyright law. While ReviverSoft continues to own the intellectual property rights to the Software, You will have certain rights to use the Software after Your acceptance of this license. This license governs any releases, revisions, or enhancements to the Software that ReviverSoft may furnish.
1.2 The software which accompanies or is accessible through this license (collectively the "Software") is the property of ReviverSoft or its licensees and is protected by copyright law. While ReviverSoft continues to own the intellectual property rights to the Software, You will have certain rights to use the Software after Your acceptance of this license. This license governs any releases, revisions, or enhancements to the Software that ReviverSoft may furnish.
You are entitled to:
A. Use the Software on or in conjunction with up to (i) the computer on which the software was downloaded, or (ii) in the case of Software received on a CD or other physical medium, the number specified on the Software package, or (iii) if you received the Software in combination with other hardware or software, solely in conjunction with such other hardware or software;
B. Use the software for personal, non-commercial use.
1.3 Notwithstanding Section 1.2 above, You may:
A. make one copy of the Software for backup purposes, or copy the Software onto the hard disk of Your computer and retain the original for backup purposes.
B. use the Software on the same computer to create an image file of a hard drive on that computer and store the image file on removable media for disaster recovery purposes;
C. use the Software to create a boot disk for reapplying the hard drive image that was created for disaster recovery purposes to the hard drive on that same computer; and
D. use the Software to clone a hard drive from that same computer to a replacement computer, and to use the Software on the replacement computer, provided that the Software has been removed from the original computer.
1.4 You are not entitled to:
A. use the Software in any way not authorized by this license;
B. copy the printed documentation which accompanies the Software;
C. sub-license, rent or lease any portion of the Software;
D. reverse engineer, de-compile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software;
E. use a previous version or copy of the Software after You have received a disk replacement set or an upgraded version; upon upgrading the Software, all copies of the prior version must be destroyed;
F. use a later version of the Software than is provided herewith unless You have purchased upgrade insurance or have otherwise separately acquired the right to use such later version; or
G. use the Software for the purpose of creating multiple computers or hard drives not connected to the original computer, with similar or identical configurations to that of the original computer or hard drive.
use the Software in corporate, commercial or business organizations. Contact ReviverSoft for licensing information for use in corporate, commercial or business organizations.
1.5 A user may uninstall this Software at any time, using the standard uninstall procedures as offered with your computer's Operation System, through accessing the computer's "Control Panel>Add/Remove Programs" folder, selecting 'Start Menu Reviver' from the list of installed applications, and clicking the "Change/Remove" button.
2. Term; Termination
The initial term of this Agreement will commence on the date you download or otherwise acquire the Software, and will continue until it is terminated in accordance with Section 2.2.
ReviverSoft, in addition to such other rights may be available at law or equity, shall be entitled to terminate this Agreement at any time without notice for any reason in its sole discretion.2.3. Effect of Termination On termination of this Agreement, you will cease using the Software, ReviverSoft may cease making Updates available to you, and the Software may cease functioning. Sections 1.4, 3, 4, 5, 6, 7, 8, 9, 11, 12 and 13 will survive the expiration or termination of this Agreement.
3. OwnershipReviverSoft reserves all rights in the Software not expressly granted by this Agreement. All copyrights, trademarks and other conceivable intellectual property rights in and to the Software are owned by ReviverSoft or its licensors, and are protected by United States and foreign copyright laws, international treaties and other applicable laws. Any copy of the Software you are allowed to make pursuant to this Agreement must contain the entire copyright and other notices included with the original copy of the Software.
4. Content Updates
You acknowledge that certain ReviverSoft software products utilize content that is updated from time to time. For example, driver update products utilize updated computer components, drivers and file versions, and/or updated BIOS versions; and content delivery features utilize updated URL links, etc. (collectively, "Content Updates"). You may obtain Content Updates for any period for which You have (i) purchased a subscription for Content Updates for the Software (including any subscription included with Your original purchase of the Software), (ii) purchased upgrade insurance for the Software, (iii) entered into a maintenance agreement that includes Content Updates, or (iv) otherwise separately acquired the right to obtain Content Updates. You further acknowledge that you must routinely download and permit installation of Updates in order to obtain maximum benefit from the Software.
THE SOFTWARE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, WITHOUT WARRANTY AND WITHOUT SUPPORT OR OTHER SERVICES BY REVIVERSOFT. REVIVERSOFT DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.
THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
6.1 ReviverSoft may deliver any notice to you via pop-up window, dialog box, email or other means, even though you may not receive the notice unless and until you launch the Software. Any such notice will be deemed delivered on the date ReviverSoft first makes it available through the Software, irrespective of when you actually receive it.
7. Disclaimer of Damages
EXCEPT AS EXPRESSLY PROVIDED BY SECTION 5 OF THIS AGREEMENT, REVIVERSOFT DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, MEDIA AND ANY OTHER SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTY OF NONINFRINGEMENT. REVIVERSOFT DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. Some jurisdictions do not allow limitations on an implied warranty, so the above limitations may not apply to you. You may have other rights that vary from jurisdiction to jurisdiction.
8. Limitation of Liability
8.1. SOME STATES AND COUNTRIES, INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, AND NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY:
(A) IN NO EVENT WILL REVIVERSOFT OR ITS LICENSORS HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU WHATSOEVER FOR ANY DEFECT, MALFUNCTION, DAMAGE, OR LOSS, RESULTING FROM YOUR INSTALLATION OR USE OF THIRD PARTY SOFTWARE, HARDWARE, EQUIPMENT, PERIPHERALS, OR OTHER PRODUCTS, INCLUDING BUT NOT LIMITED TO, CONTENT UPDATES, DRIVERS OR OTHER FILES RECEIVED FROM ANY THIRD PARTY (COLLECTIVELY, "THIRD PARTY PRODUCTS"), RECEIVED IN CONNECTION WITH YOUR (OR ANY THIRD PARTY"S) USE OF THE SOFTWARE. ALL WARRANTIES AND OBLIGATIONS OF THIRD PARTIES IN CONNECTION WITH THIRD PARTY PRODUCTS ARE OUTSIDE THE SCOPE OF THIS AGREEMENT AND MUST BE ADDRESSED UNDER A SEPARATE AGREEMENT BETWEEN YOU AND SUCH THIRD PARTIES.
(B) IN NO EVENT WILL REVIVERSOFT OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF REVIVERSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(C) IN NO EVENT WILL REVIVERSOFT'S OR ITS LICENSORS' LIABILITY EXCEED THE PURCHASE PRICE OF THE SOFTWARE.
8.3. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE APPLY REGARDLESS OF WHETHER YOU ACCEPT THE SOFTWARE.
Where applicable, You shall be responsible for the payment of all sales, use and similar taxes relating to the license of the Software.
10. Government Users
If the Software is downloaded or accessed by or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), it is provided with Restricted Rights. Use, duplication, or disclosure of the Software by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause of DFARS 252-227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
11. Export Control
The Software and the underlying information and technology may not be downloaded, accessed or otherwise exported or re-exported except as authorized by United States laws and the laws of the jurisdiction in which the Software was obtained. In particular, the Software may not be exported or re-exported (i) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading, accessing or using the Software, You agree to the foregoing and You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.
12. Attorney Fees
In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and costs and expenses incurred.
13. General Terms
13.1 This agreement is governed by the laws of the State of California, and the relevant courts of the State of California have exclusive jurisdiction over any dispute arising out of Your use of the Software. If any provision of this agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term.
13.2 This Agreement was originally prepared in the English language. Although ReviverSoft may provide one or more translations for your convenience, the English version will control in the case of any conflict or discrepancy.
13.3 This agreement constitutes the entire agreement between You and ReviverSoft with respect to this transaction and any prior statements or representations. Any changes to this agreement must be made in writing, signed by an authorized representative of ReviverSoft, LLC