Copyright(c) 2000-2021 Smart Disk Checker. All rights reserved.
PLEASE READ CAREFULLY: This End User License Agreement ("EULA") is a legal agreement between You (an individual or a single entity), the "LICENSEE" and Recoveo Software, referred to as "RECOVEO Software"; for the Smart Disk Checker software, referred to as the "SOFTWARE". By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms and conditions of this EULA. If you do not agree with the terms of this EULA, do not purchase, install or use the SOFTWARE.



RECOVEO SOFTWARE may own patents, proprietary applications, trademarks, copyrights or other intellectual property rights covering the subject matter in this document. The agreement in this document does not give you access to the license to such patents, trademarks, copyrights or other intellectual property.



SOFTWARE LICENSE
International copyright and other intellectual property rights protect the SOFTWARE. The SOFTWARE is licensed, not sold. This agreement is binding on you and any third party using your copy of the SOFTWARE, whether or not you know it. Please read the following terms and conditions carefully before using this SOFTWARE. By using it, you agree to these terms. If you do not agree with them, do not use it.



LICENSE AGREEMENT
This EULA grants the following rights to LICENSEE:

- LICENSEE may use this SOFTWARE. Use" of the SOFTWARE means that LICENSEE has installed or used the SOFTWARE on a workstation or server (hereinafter referred to as "workstations" or "workstation").

- LICENSEE is authorized to use the SOFTWARE on workstations owned or leased by LICENSEE only.

- LICENSEE may not use the SOFTWARE on more than the number of workstations specified in the SOFTWARE section.

- LICENSEE may not transfer the SOFTWARE from one machine to another if the SOFTWARE is already installed and registered on the first machine.

- LICENSEE may use this SOFTWARE in accordance with all applicable laws and not for any illegal purpose. Without limiting the foregoing use of this SOFTWARE, distribution of this SOFTWARE with material that is pornographic, racist, vulgar, obscene, defamatory, abusive, promotes hatred, discriminates or displays bias based on religion,
ethnic heritage, sexual orientation or age are strictly prohibited.

- LICENSEE may make one authorized copy of the SOFTWARE solely for the purpose of backup of the SOFTWARE.



OTHER RIGHTS AND RESTRICTIONS.
- LICENSEE may not reverse engineer, recompile and disassemble, modify, translate the SOFTWARE or make any attempt to discover the source code of the SOFTWARE.

- LICENSEE may not transfer, sell, resell, offer or distribute the SOFTWARE. The sale and/or distribution of copies of this SOFTWARE is strictly prohibited. It is a violation of this EULA to sell, loan, lease, borrow, or transfer the use of copies of RECOVEO SOFTWARE except as permitted by the terms and/or conditions of a separate agreement signed by RECOVEO.



SUPPORT.
LICENSEE is entitled to support for activation or installation problems 90 days after the date of purchase. Support includes technical and customer relations for the SOFTWARE during this period. Any additional software licenses provided to LICENSEE as part of support shall be considered related to the SOFTWARE and subject to the terms and conditions of this EULA.

LIMITATION OF WARRANTY.
THIS SOFTWARE AND RELATED FILES ARE DISTRIBUTED AND SOLD "AS IS" WITHOUT WARRANTY OF PERFORMANCE OR MERCHANTABILITY OR OTHER WARRANTIES EXPRESSED OR IMPLIED.

the licensee uses the software at its own risk.

Recoveo Software shall have NO RESPONSIBILITY FOR COLLATERAL DAMAGES related to the use of the software. To the maximum extent permitted by applicable law, RECOVEO Software offers the Software AS IS with all faults and hereby disclaims all other express, implied or statutory warranties or conditions, including without limitation, implied warranties (if any), obligations or conditions of satisfactory quality, fitness for a particular purpose, reliability or availability, accuracy or completeness of answers, results, workmanship, freedom from viruses and freedom from negligence for the SOFTWARE, and the provision or failure to provide support or other services, information, software and content associated with, or resulting from the use of, the SOFTWARE. The SOFTWARE is not covered by any warranty or condition of quiet enjoyment, quiet possession or non-infringement.



LIMITATION OF LIABILITY
a) Neither RECOVEO Software nor its resellers shall be liable (whether in contract, tort or otherwise):

(i) for any inability to use third party equipment or to access data, loss or corruption of data, loss of business, loss of profits, loss of revenue or anticipated savings, interruption of work (whether such damage or loss is direct or indirect) ;
(ii) for any indirect, incidental or consequential damages or losses whatsoever arising out of the use of or inability to use
(ii) for any indirect, incidental or consequential damage or loss whatsoever arising out of the use or inability to use the SOFTWARE, including in cases where RECOVEO Software has been advised of the possibility of such damage or loss.

b) Notwithstanding any damages or losses you may have suffered for any reason (including any damages described above and any direct or general damages in contract, tort or otherwise), the total liability of RECOVEO Software and its partners arising out of this EULA is limited to the amount you paid for the Software.
c) Notwithstanding clauses 5 (a) and (b), or any other part of this EULA, the parties' liability for death or personal injury caused by its own negligence shall not be limited to the amount paid by you for the Software.




GOVERNING LAW
This EULA, and any dispute arising out of or in connection with this EULA or the use of the SOFTWARE or otherwise, is governed by the laws of France. This EULA excludes the application of the United Nations Convention on Contracts for the International Sale of Goods. Any dispute arising out of this EULA shall be submitted to the courts of the jurisdiction of Lyon, France, which shall have exclusive jurisdiction to hear such disputes.

If you have any questions about this EULA or if you wish to contact RECOVEO Software for any other reason, please visit recoveosoftware.com



RECOVEO reserves all rights not expressly granted herein.



ACKNOWLEDGEMENT
I, the LICENSEE, acknowledge that I have read the above EULA and agree to the terms and conditions of the agreement. I also agree that the EULA supersedes any prior agreement, written or oral, that may exist between me and RECOVEO Software regarding the SOFTWARE.