IMPORTANT-READ CAREFULLY BEFORE PURCHASING, OPENING, INSTALLING,
USING, ACCESSING, OR MANIPULATING ANY SOFTWARE:
This Agreement ("EULA") is a legal agreement between
you (either an individual or a single entity)("you",
"your", or "Licensee") and ADVS Technologies
Inc. ("Licensor") for the software product identified
above, which includes computer software and may include associated
media, printed materials, and "online" or electronic
documentation ("software product " or "software").
By purchasing, installing, copying, or otherwise using the software
products, you agree to be bound by the terms of this EULA. If
you do not agree to the terms of this EULA, you may not buy and
use the software products offered on this homepage.
All offered software products are licensed, not sold.
1. GRANT OF LICENSE.
You are permitted to install and use the licensed software in
machine-readable form only and solely on a single desktop computer
provided by you, solely for the purposes described in the applicable
Licensor documentation. Any components of the licensed software
explicitly designed to reside and operate from a server, may be
installed on a single server solely on your premises, and any
client component is to be installed on as many clients as user
licenses purchased and described in the applicable Licensor documentation.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
You may not reverse engineer, decompile, translate, disassemble,
or otherwise attempt to derive source code from the licensed software
product, or authorize any third party to do any of the foregoing
except and only to the extent that such activity is expressly
permitted by applicable law notwithstanding this limitation. The
licensed software product is licensed as a single product. Its
component parts may not be separated for use on more than one
computer. You may not rent, lease, loan, or distribute the licensed
software product or any part thereof.
SOFTWARE TRANSFER: You may not transfer your license of the software
to a third party.
3. COPYRIGHT.
All title and copyrights in and to the licensed software products
(including but not limited to any images, photographs, animations,
video, audio, music, text, and "applets" incorporated
into the licensed software product), the accompanying printed
materials, and any copies of the LICENSED SOFTWARE PRODUCT are
owned by Licensor or its suppliers. The licensed software product
is protected by copyright laws and international treaty provisions.
Therefore, you must treat the LICENSED SOFTWARE PRODUCT like any
other copyrighted material. You may not copy the printed materials
accompanying the LICENSED SOFTWARE PRODUCT.
4. DISCLAIMER OF WARRANTIES.
ANY USE OF THE LICENSED SOFTWARE IS AT YOUR OWN RISK.
THE LICENSED SOFTWARE IS PROVIDED "AS IS," "WITH
ALL FAULTS," WITHOUT WARRANTY OF ANY KIND. LICENSOR, ITS
SUPPLIERS AND DISTRIBUTOR DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED
OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES
OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OR ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE
OF PERFORMANCE, OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW
THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE DISCLAIMER OF IMPLIED
WARRANTIES ABOVE MAY NOT APPLY TO LICENSEE, IN WHICH CASE THE
DURATION OF ANY SUCH IMPLIED WARRANTIES IS LIMITED TO sixty (60)
DAYS FROM THE DATE LICENSEE FIRST INSTALLED THE LICENSED SOFTWARE
ON LICENSEE'S COMPUTER; PROVIDED, HOWEVER, THAT LICENSEE'S SOLE
AND EXCLUSIVE REMEDY, AND LICENSOR'S SOLE OBLIGATION SHALL IN
ANY CASE BE THAT LICENSOR WILL, AT ITS OPTION, REPAIR OR REPLACE
LICENSEE'S COPY OF THE LICENSED SOFTWARE, OR TERMINATE THIS LICENSE
AGREEMENT AND REFUND AMOUNTS ALREADY PAID THEREFOR BY LICENSEE.
Some States, Provinces, or other jurisdictions do not allow for
exclusions of implied warranties or limitations on how long an
implied warranty lasts, so the above exclusion or limitation may
not apply to Licensee. Licensee may have other rights, which vary,
from state to state, Province to Province, or in other jurisdictions.
Licensor does not warrant that the functions contained in the
Licensed software will meet your requirements or that the operation
of the Licensed software will be uninterrupted or error-free.
Any representation, other than the warranties set forth in this
Agreement, will not bind the Licensor. You assume full responsibility
for the selection of the licensed software to achieve your intended
results, and for the buying or downloading, use and results obtained
from the licensed software. Licensee also assume the entire risk
as it applies to the quality and performance of the licensed software
5. LIMITATION OF LIABILITY.
REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS
ESSENTIAL PURPOSE OR OTHERWISE, TO THE EXTENT PERMITTED BY THE
LAW OF THE JURISDICTION IN WHICH LICENSEE OBTAINED THIS LICENSE,
LICENSOR, ITS SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR
ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL
DAMAGES OF ANY CHARACTER, INCLUDING BUT NOT LIMITED TO DAMAGES
FOR COMPUTER MALFUNCTION, LOSS OF INFORMATION, LOST PROFITS AND
BUSINESS INTERRUPTION, AND THE COST TO OBTAIN SUBSTITUTE LICENSED
SOFTWARE, ARISING IN ANY WAY OUT OF THIS AGREEMENT OR THE USE
OF (OR INABILITY TO USE) THE LICENSED SOFTWARE HOWEVER CAUSED
AND WHETHER ARISING UNDER A THEORY OF CONTRACT, TORT OR ANY OTHER
LEGAL THEORY, EVEN IF LICENSOR, ITS SUPPLIERS DISTRIBUTOR WAS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LICENSOR'S,
ITS SUPPLIERS' OR DISTRIBUTOR'S TOTAL LIABILITY TO LICENSEE RELATING
TO THIS AGREEMENT OR THE USE (OR INABILITY TO USE) THE LICENSED
SOFTWARE EXCEED THE AMOUNT PAID BY LICENSEE TO LICENSOR OR LICENSOR'S
DISTRIBUTOR FOR THIS LICENSE. SOME STATES OR JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL
OR SPECIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO
LICENSEE. LICENSOR, ITS SUPPLIERS AND DISTRIBUTORS SHALL NOT BE
LIABLE FOR ANY CLAIMS OF THIRD PARTIES RELATING TO THE LICENSED
SOFTWARE. LICENSOR, ITS SUPPLIERS AND DISTRIBUTORS WOULD NOT PROVIDE
THE LICENSED SOFTWARE TO LICENSEE IF LICENSEE DID NOT AGREE TO
THE "DISCLAIMER OF WARRANTIES" AND "LIMITATION
OF LIABILITY" PROVISIONS IN THIS AGREEMENT.
6. LICENSEE AGREE THAT IN THE EVENT OF LOSS OR FORMATTING OF
PASSWORDS USED BY THIS LICENSED SOFTWARE PRODUCT, NO TECHNICAL
SUPPORT CAN BE GIVEN TO ASSIST IN RECOVERY SUCH PASSWORD, AND
THAT YOUR FORGETTING OF ANY PASSWORDS EQATES TO LOSS OF YOUR DATA
WHEN THAT DATA IS STORED ON ANY DISK PARTITION, OR DISK DRIVE
IMAGES CREATED, AND/OR OPERATED BY THE EXECUTION OF THIS LICENSED
SOFTWARE PRODUCT. LICENSEE ACCEPTS THAT NO BACK DOORS EXIST, TO
GAIN ACCESS TO SCRAMDLED (CRYPTED) DATA.
7. EXPORT LAW.
The LICENSED SOFTWARE and related technology may be subject to
import/export control laws in your country and may be subject
to export or import regulations in other countries. You agree
to strictly comply with all such laws and regulations and acknowledge
that you have the responsibility to obtain such licenses to export,
re-export or import as may be required. Licensor cannot be held
responsible for uses which may be illegal in the Licensee country,
and Licensee also agrees, that the licensed software is not intended
or licensed for such purposes.
8. REFUNDS.
FlashDrive Crypto offers a free 15 days demo version of almost
all sold licensed software products. Before purchasing any licensed
software, the customer should download and test the free demo
versions he is interested into. If for a specific program there
is no free demo version available at the time of purchase, ADVS
Tech offers a 30 days money back guaranty for that specific product.
For programs where a free 15 days demo version is available at
the time of purchase, no additional refund (money back) policy
is offered. It is the responsibility of the customers to test
the licensed software on its machines and make sure everything
works flawlessly and as advertised.
If any provision of this Agreement is held to be unenforceable,
that provision will be removed and the remaining provisions will
remain in full force. This Agreement is the complete and exclusive
statement of the agreement between us, which supersedes any proposal
or prior agreement, oral or written, and any other communications
between us in relation to the subject matter of this Agreement.
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