Software End User Licensing Agreement

End-User License Agreement for Easy Recovery Essentials® by NeoSmart Technologies®

This End-User License Agreement (EULA) is a legal agreement between you (either an individual or a single entity) and the mentioned author (NeoSmart Technologies) of this Software for the software product identified above, which includes computer software and may include associated media, printed materials, and “online” or electronic documentation (“SOFTWARE PRODUCT”).

By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bounded by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.

SOFTWARE PRODUCT LICENSE

a) Easy Recovery Essentials® for Microsoft Windows® Home Edition is being distributed under a paid, commercial license for personal, non-commercial use only. You are NOT allowed to use this software for purposes of supporting your business or customers. It may be not be re-distributed freely or otherwise on any website or through any other distribution mechanism, under any circumstances. Easy Recovery Essentials ® Home Edition can be used for the repair of an unlimited number of machines owned by the principle licensee in a home environment for personal, non-commercial use only.

b) Easy Recovery Essentials® for Microsoft Windows® Professional and Server Editions are being distributed under a paid, commercial license for personal or commercial use. They may be not be re-distributed freely or otherwise on any website or through any other distribution mechanism, under any circumstances. The Professional and Server editions of Easy Recovery Essentials® can be used to repair only a single device per license for commercial purposes (e.g. the repair of customers’ PCs, the repair of PCs in a business, academic, or organizational environment, etc.). The Professional and Server editions of Easy Recovery Essentials® can be used to repair an unlimited number of machines owned by the principle licensee in a home environment and for personal, non-commercial use only.

c) Easy Recovery Essentials Technician Edition® for Microsoft Windows® is being distributed under a paid, commercial license for personal or commercial use. A license for this software is granted on a yearly basis, after which period all rights to the software are revoked. A single license for this software covers the use by ONE end user ONLY during the licensed time period. Such a licensed end-user (also referred to as “technician”) can use the licensed product to repair an unlimited number of machines for personal or commercial use, in a home or work/commercial environment for the duration of the license. A separate license must be obtained for each said “technician” on a yearly basis.

1. GRANT OF LICENSE.

This EULA grants you the following rights: Installation and Use. You may install and use SOFTWARE PRODUCT in accordance with the licensing restrictions spelled out above.

Reproduction and Distribution. There are no limits placed on the number of physical copies of the SOFTWARE PRODUCT that may be produced for primary or backup purposes, provided that each copy shall be a true and complete copy, including all copyright and trademark notices, and shall be accompanied by a copy of this EULA.

You may NOT distribute or reproduce for purposes of redistribution any copies of the SOFTWARE PRODUCT.

The SOFTWARE PRODUCT may NOT be included in any packages, compilations, anthologies, or products without express permission from the SOFTWARE LICENSOR.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

Limitations on Reverse Engineering, Decompilation, Disassembly and change (add, delete or modify) the resources in the compiled the assembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

Update and Maintenance

Easy Recovery Essentials® Home, Professional, and Server editions are not provided with any maintenance or update packages. A separate license to obtain updates on a yearly basis may be obtain from the SOFTWARE LICENSOR. Easy Recovery Essentials® Technician Edition includes access to the latest updates to the SOFTWARE PRODUCT for the duration of the licensing period to registered customers.

Separation of Components.

The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.

Software Transfer.

This SOFTWARE PRODUCT and its governing license agreement(s) may NOT be transferred to another person or persons under any circumstances.

Termination.

Without prejudice to any other rights, the Author of this Software 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 PRODUCT and all of its component parts.

3. COPYRIGHT.

All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, clipart, libraries, and examples incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by the Author of this Software. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material.

LIMITED WARRANTY

NO WARRANTIES.

The Author of this Software expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT 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 PRODUCT remains with you.

NO LIABILITY FOR DAMAGES.

In no event shall the author of this Software be liable for any special, consequential, incidental or indirect damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if the Author of this Software is aware of the possibility of such damages and known defects.