This document is a legally binding agreement between you and GetData Pty Ltd ABN 79 100 297 149 ("GetData"), the developer of the software program "Recover My Photos" ("Software"). Permission to use the Software and any documentation included with the Software ("Documentation") is conditional upon you agreeing to the terms set out below. By installing or otherwise using the Software you agree to be bound by the terms of this agreement. If you do not wish to accept the terms, do not install or use the Software and (if using a CD-ROM) return the Software and Documentation to GetData in its original packaging within 14 days of receiving the Software.
In consideration of the payment by you of the applicable fees, GetData grants to you, and you accept, a non exclusive non-transferable license to use the Software and Documentation . GetData is and remains the exclusive owner of the Software and the Documentation. You acknowledge that copyright in the Software and Documentation remains at all times with GetData. Unauthorized copying or modification of the Software and/or Documentation will entitle GetData to immediately terminate this Agreement. GetData shall have the right to check license details at any time in any reasonable manner.
You may freely distribute the unregistered evaluation version of the Software.
GetData make different licensing options available, including:
A "Professional" license includes a software key that can be used to activate the software on two computers only, for example, a laptop and a desktop.
The "Technician" license includes a software key can be used to activate the software on two computer only, for example, a laptop and a desktop. A Technician license also includes a hardware activation dongle. The dongle contains a separate license key and allows the license holder to move the license from computer to computer. When the dongle is connected, the Software is activated. When the dongle is removed, the Software returns to evaluation mode.
A license, product activation information, or activation dongle, is for use by the license holder only and cannot be shared with other users.
Unless you have purchased multiple licenses, this license does not permit you to load or use the Software on a network server or similar device which permits access by multiple computers.
GetData may from time to time revise or update the Software and shall make such revisions or updates available subject to payment of the applicable license fee. Support for the Software is provided at the product web site.
The Software and Documentation is protected under Australian law and international law and international conventions and treaties. You may not rent, lease, sub license, assign or otherwise transfer use of the Software to others without the express written permission of GetData. Doing so will entitle GetData to immediately terminate this Agreement .
Except to the extent applicable law specifically prohibits such restrictions, you may not reverse engineer, reverse compile, disassemble or otherwise modify the Software in any way .
You are solely responsible for protecting yourself, your data, your systems and your hardware used in connection with the Software. GetData will not be liable for any damages suffered from the use of the Software.
BY USING THIS SOFTWARE, YOU EXPRESSLY AGREE THAT ALL RISKS ASSOCIATED WITH THE PERFORMANCE AND QUALITY OF THE SOFTWARE IS ASSUMED SOLELY BY YOU. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE EXERCISED YOUR INDEPENDENT JUDGEMENT IN ACQUIRING THE SOFTWARE.
TO THE EXTENT PERMITTED BY LAW, GETDATA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF GETDATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SOFTWARE IS MADE AVAILABLE BY GETDATA "AS IS" AND "WITH ALL FAULTS". TO THE EXTENT PERMITTED BY LAW, GETDATA DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE QUALITY, SAFETY OR SUITABILITY OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT THE SOFTWARE IS ERROR FREE .
IF ANY CONDITION OR WARRANTY IS IMPLIED INTO THIS AGREEMENT UNDER ANY APPLICABLE LEGISLATION CANNOT BE EXCLUDED, OR IF NOTWITHSTANDING THE EXCLUSION OF LIABILITY ABOVE GETDATA IS OTHERWISE LIABLE TO YOU, THEN TO THE EXTENT PERMITTED BY LAW THE LIABILITY OF GETDATA FOR BREACH OF THE CONDITION OR WARRANTY WILL BE LIMITED TO ONE OR MORE OF THE FOLLOWING AS DETERMINED BY GETDATA IN ITS ABSOLUTE DISCRETION:
(i) IN THE CASE OF GOODS, (A) THE REPLACEMENT OR SUPPLY OF EQUIVALENT GOODS OR THE REPAIR OF THE GOODS; OR (B) THE PAYMENT OF THE COST OF REPLACING THE GOODS, ACQUIRING EQUIVALENT GOODS, OR HAVING THE GOODS REPAIRED; AND
(ii) IN THE CASE OF SERVICES, THE SUPPLYING OF THE SERVICES AGAIN OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.
This agreement cannot be changed or altered except by a written document signed by you and GetData. This agreement is governed by the laws in force in New South Wales, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
Disclaimer
The software available for downloading through Internet sites and published by GetData (the "Software") is provided pursuant to this license agreement. GetData encourages you to know the possible risks involved in the download and use of the Software from the Internet. You are solely responsible for protecting yourself, your data, your systems and your hardware used in connection with this software. GetData will not be liable for any damages suffered from the use of the Software.
BY USING THIS SOFTWARE, YOU EXPRESSLY AGREE THAT ALL RISKS ASSOCIATED WITH THE PERFORMANCE AND QUALITY OF THE SOFTWARE IS ASSUMED SOLELY BY YOU. GETDATA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF GETDATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SOFTWARE IS MADE AVAILABLE BY GETDATA "AS IS" AND "WITH ALL FAULTS". GETDATA DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE QUALITY, SAFETY OR SUITABILITY OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER, GETDATA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION, STATEMENTS OR MATERIALS CONCERNING THE SOFTWARE THAT IS CONTAINED IN GETDATA'S SOFTWARE DOWNLOAD SITE. IN NO EVENT WILL GETDATA BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER THEY MAY ARISE AND EVEN IF GETDATA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.