East-Tec DisposeSecure 5.0

EULA - End User License Agreement

East-Tec DisposeSecure (TM) Version 5.0
Copyright (C) 1997-2012 EAST Technologies
All Rights Reserved.

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EAST Technologies End User Software License Agreement for
East-Tec DisposeSecure
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THIS IS A CONTRACT. PLEASE READ IT CAREFULLY. BY INDICATING YOUR ACCEPTANCE BELOW, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DECLINE WHERE INSTRUCTED, AND YOU WILL NOT BE ABLE TO USE THE SOFTWARE.

The EAST Technologies software product identified above (the "Software") is the property of EAST Technologies and is protected by copyright law. While EAST Technologies continues to own the Software, you will have certain rights to use the Software after your acceptance of this license.

Except as may be modified by a license addendum which accompanies this license, your rights and obligations with respect to the use of this Software are as follows:

EVALUATION (TRIAL) VERSION

THIS IS AN EVALUATION COPY of the EAST Technologies software product identified above (the "Software"). To sanitize entire disks, the Software can only be run from a bootable disk. Usage of the network sanitizing is restricted in the evaluation version and it is only available in the full version.

When run from a bootable disk, the evaluation version has 3 sanitizations with one-pass overwrite using zero characters. This means you can only perform 3 wipes (e.g. sanitize 3 disks and/or partitions, or sanitize the same disk and/or partition 3 times, or a combination of the two).

To obtain full-use rights and be able to wipe drives without the restrictions above, you must purchase the full version.

Provided that you verify that you are distributing the evaluation version, you are hereby licensed to make as many copies of the evaluation version of this software as you wish; give exact copies of the original evaluation version to anyone; and distribute the evaluation version of the software and documentation in its unmodified form via electronic means. There is no charge for any of the above.

You are specifically prohibited from charging, or requesting donations, for any such copies, however made.

Use of the evaluation version of East-Tec DisposeSecure beyond the limitations described here is in violation of United States of America ("U.S."), European and International Copyright laws and will be prosecuted to the maximum extent possible under the law.

LICENSED VERSION

IF YOU ("LICENSEE") DO NOT ACCEPT THIS AGREEMENT AND HAVE PROOF OF PAYMENT, YOU ("LICENSEE") MAY RETURN THE UNUSED SOFTWARE TO EAST TECHNOLOGIES WITHIN THIRTY (30) DAYS FOR A REFUND OF SUCH LICENSE FEE.

The EAST Technologies software product identified above (the "Software") is the property of EAST Technologies or its licenses and is protected by copyright law. While EAST Technologies continues to own the Software, you will have certain rights to use the Software after your acceptance of this license.

This license must be accompanied by "DisposeSecure License Addendum", which specifies the number of computers that you ("LICENSEE") may erase using the purchased Software.

PLEASE NOTE THAT DisposeSecure LICENSE ADENDUM IS INTEGRAL PART OF THIS LICENSE AGREEMENT AND SHOULD BE KEPT IN A SAFE PLACE ATTACHED TO THIS AGREEMENT. YOU ("LICENSEE") WILL ONLY BE ASSIGNED AS A LICENSED USER OF THE SOFTWARE, BASED ON THE PAYMENT RECORDS TOGETHER WITH THE LICENSE AGREEMENT AND DisposeSecure LICENSE ADENDUM.

YOU ("LICENSEE") MAY:
(i) use the Software in accordance with the DisposeSecure License Addendum or with the number of Sanitizations from the Invoice provided to the LICENSEE by EAST Technologies at purchase;

(ii) perform up to the number of sanitizations or wipes, as specified in the License Addendum or Invoice; in this case, the product will never expire, and you will be entitled to get free updates, upgrades and support for 1 (one) year as specified in the "UPDATES" section below.

(iii) for licenses with unlimited number of sanitizations (like Site/Enterprise Licenses or Technicians), the product will expire after 1 (one) year and you will no longer be able to use it, unless you renew your annual license for an additional 1 (one) year period.

(iv) make one backup copy of the Software, provided your backup copy is not installed or used on any computer, and provided that you reproduce all copyright and other proprietary notices that are on the original copy of the Software.

YOU MAY NOT:
(i) distribute the full version of the software. Violation of this rule may result in temporary or permanent revocation of this license; the original licensee will also be held responsible for damages, physical and estimated;

(ii) copy the documentation which accompanies the Software;

(iii) sublicense, rent or lease any portion of the Software;

(iv) reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software; or

(v) use a previous version or copy of the Software after you have received a disk replacement set or an upgraded version as a replacement of the prior version, unless you donate a previous version of an upgraded version to a charity of your choice, and such charity agrees in writing that it will be the sole end user of the product, and that it will abide by the terms of this agreement. Unless you so donate a previous version of an upgraded version, upon upgrading the Software, all copies of the prior version must be destroyed.

Using an illegal copy of this software product or distributing a full version of the product is in violation of United States of America ("U.S."), European and international copyright laws and will be prosecuted to the maximum extent possible under the law.

TERM:
This Agreement is effective for an unlimited duration unless and until earlier terminated as set forth herein. This Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this Agreement, you must destroy all copies of the Software. You may terminate this Agreement at any point by destroying all copies of the Software.

UPDATES:
By purchasing a full version of East-Tec DisposeSecure, you are entitled to use all minor versions of the product free of charge. When a major version is released, you cannot use it without renewing your license for a special price. If you choose not to renew your license, you can still use the current version, provided that you still have remaining sanitizations. If you renew your license, you can use the remaining sanitizations in the new major version, and you can also purchase additional sanitizations.
OWNERSHIP RIGHTS:

East-Tec DisposeSecure (TM)
Copyright (C) 1997-2012 EAST Technologies S.R.L.
All rights reserved.

The Software is protected by Romanian copyright laws and international treaty provisions. EAST Technologies or its licensors own and retain all right, title and interest in and to the Software, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. Your possession, installation, or use of the Software does not transfer to you any title to the intellectual property in the Software, and you will not acquire any rights to the Software except as expressly set forth in this Agreement. All copies of the Software made hereunder must contain the same proprietary notices that appear on and in the Software.

WARRANTY DISCLAIMER:
THE SOFTWARE IS PROVIDED "AS IS.". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EAST TECHNOLOGIES DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING DOCUMENTATION. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, EAST TECHNOLOGIES MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.

LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL EAST TECHNOLOGIES OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES. IN NO EVENT WILL EAST TECHNOLOGIES BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LIST PRICE EAST TECHNOLOGIES CHARGES FOR A LICENSE TO THE SOFTWARE, EVEN IF EAST TECHNOLOGIES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. The foregoing provisions shall be enforceable to the maxim extent permitted by applicable law.

Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The user must assume the entire risk of using the program. ANY LIABILITY OF THE SELLER WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE.

HIGH RISK ACTIVITIES:
The Software is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of the Software could lead directly to death, personal injury, or severe physical or property damage (collectively, "High Risk Activities"). EAST Technologies expressly disclaims any express or implied warranty of fitness for High Risk Activities.

MISCELLANEOUS:
The Software is a "commercial item". This Agreement is governed by the laws of Romania. Any action or proceeding brought by anyone arising out of or related to these terms and conditions shall be brought only in a court of competent jurisdiction located in Oradea, Romania, and the parties hereby consent to the jurisdiction and venue of said court. This Agreement sets forth all rights for the user of the Software and is the entire agreement between the parties. This Agreement supersedes any other communications with respect to the Software. This Agreement may not be modified except by a written addendum issued by a duly authorized representative of EAST Technologies. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by EAST Technologies or a duly authorized representative of EAST Technologies. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

EAST TECHNOLOGIES CUSTOMER CONTACT:
If you have any questions concerning these terms and conditions, or if you would like to contact EAST Technologies for any other reason, please write to:
EAST Technologies European Offices,
Romania, Bihor County, Piata Unirii Nr. 2-4, Et. 1, Oradea 410072
E-Mail: support@east-tec.com
World Wide Web: http://www.east-tec.com