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Recuva v1.37

Recuva v1.37

Download Recuva form FileHippo.com


End-user Software Licence Agreement for Recuva with optional Yahoo! Toolbar

1. SOFTWARE LICENCE AGREEMENT

This Licence is a legal agreement between you and Piriform Limited (“Piriform”), a UK Limited Company for the software product Recuva (“software”).

By proceeding to download or install this software, and in consideration of your use of the software, you are deemed to agree to be bound by the terms of this Licence.

Piriform permits you to use the software only in accordance with the terms of this Licence and your rights under this Licence will terminate automatically without notice if you fail to comply with the terms of this Licence. Should your rights under this Licence terminate for any reason you must immediately cease all further use of the software and destroy all copies of it.

2. WARRANTY DISCLAIMER
THIS SOFTWARE IS DELIVERED TO YOU ‘AS IS’ AND WITH ALL FAULTS. PIRIFORM DO NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THIS SOFTWARE. EXCEPT TO THE EXTENT THAT ANY WARRANTY, CONDITION, REPRESENTATION OR TERM CANNOT BE EXCLUDED OR LIMITED BY LAW, WE MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR OTHER TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PURPOSE. THE PROVISIONS OF THIS SECTION 2 SHALL SURVIVE THE TERMINATION OF THIS LICENCE HOWSOEVER CAUSED.

3. SOFTWARE LICENCE

In consideration of your agreeing to abide by the terms of this Licence and subject to your compliance with the terms of this Licence, Piriform grants you a non-exclusive, non-transferable licence to use the software in the following manner and for the following purposes:

  • You may NOT resell, charge for, sub-license, rent, lease, loan or distribute the software without our prior written consent. We reserve the right to withdraw any such consent (or part thereof) for any reason and without notice and to demand that you immediately cease any activity in respect of which permission is withdrawn.
  • You may NOT repackage, translate, adapt, vary, modify, alter, create derivative works based upon, or integrate any other computer programs with, the software in whole or in part.
  • You may not use the software to engage in or allow others to engage in any illegal activity.
  • You may NOT transfer or assign your rights or obligation under this Licence to any person or authorise all or any part of the software to be copied on to another user’s computer.
  • You may NOT decompile, disassemble, reverse engineer or otherwise attempt to discover the source code of the software except to the extent that you may be expressly permitted to reverse engineer or decompile under applicable law.

4. INTELLECTUAL PROPERTY RIGHTS

The software is intellectual property of Piriform and is protected by law. You acknowledge that all intellectual property rights in the software anywhere in the world belong to Piriform, that rights in the software are licensed (not sold) to you, and that you have no rights in, or to, the software other than the right to use them in accordance with the terms of this Licence. This is except to the extent that the software includes identifiable separate components originating from the Yahoo! Toolbar

5. LIMITATION OF LIABILITY

IN NO CIRCUMSTANCES WILL PIRIFORM BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST SAVINGS, LOST INFORMATION, LOSS OF DATA NOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES. THE FOREGOING LIMITATIONS AND EXCLUSION APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. Nothing in this Licence limits Piriform’s liability to you in the event of death or personal injury resulting from our negligence or for fraud. The provisions of this section 5 shall survive the termination of this Licence howsoever caused.

6. LAW AND JURISDICTION

This Licence and any dispute or claim arising out of or in connection with it or its subject matter or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law and submitted to the non-exclusive jurisdiction of the English courts.

7. GENERAL

  • If any part of this Licence is found to be void and unenforceable it will not affect the validity of the remainder of this Licence, which shall remain valid and enforceable according to its terms.
  • This Licence may only be varied in writing and signed by an authorised representative of Piriform.
  • Updates may be licensed to you by Piriform with additional or different terms but Piriform has no obligation to provide any updates.
  • This Licence is the entire agreement between you and us and supersedes any prior representations, undertakings or advertising relating to the software and you acknowledge that in entering into this Licence you have not relied on any statement, representation, advertising, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this Licence.
  • Piriform is entitled to transfer or assign any of its rights or obligations under the Licence.

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If you decide to install the optional Yahoo! Toolbar then the following licence agreement also applies:

Yahoo! Toolbar with Anti-Spy Software Licence Agreement

Welcome to Yahoo! Toolbar with Anti-Spy (the “Yahoo! Software”). This agreement is between you (and any authorised user of the Yahoo! Software), and Yahoo! UK Ltd, and its affiliates (collectively, “Yahoo!”).

By clicking the “I agree” button below, you agree to these software licence terms (the “Software Licence”) that supplement the Yahoo! Terms of Service (“TOS”), located at http://uk.docs.yahoo.com/info/terms.html . If you disagree with any of the terms below, Yahoo! does not grant you a licence to use the Yahoo! Software – click the “I disagree” button to exit the installer.

In order to install the Yahoo! Software you must agree to this Software Licence (including any terms that are displayed to you in a pop-up screen before you install the Yahoo! Software). This Software Licence is a legally binding contract that should be read in its entirety.

Declining this agreement and the installation of this Yahoo! Software will not impact your ability to use other Yahoo! internet services.

Data provided by you during installation and certain other information is subject to the Yahoo! Privacy Policies, located at http://privacy.yahoo.com/privacy/uk

You agree that by your installation of the Yahoo! Software, you acknowledge that you are at least 18 years old, have read this Software Licence, understand it, and agree to be bound by its terms.

Yahoo! reserves the right to update and change, from time to time, this Software Licence and all documents incorporated by reference. You can always find the most recent version of this Software Licence at http://uk.docs.yahoo.com/info/toolbar/eula/index.html. Yahoo! may change this Software Licence by posting a new version without notice to you. Use of the Yahoo! Software after such change constitutes acceptance of such changes.

1. Licensed Uses and Restrictions.

The Yahoo! Software applications, documentation, and local computer files installed or utilised by the installer application (collectively, the “Yahoo! Software”) are owned by Yahoo! or Yahoo!’s licensors and content and data providers (“Yahoo! Licensors”), and are licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable basis on the terms and conditions set forth herein. This Software Licence defines legal use of the Yahoo! Software, all updates, revisions, substitutions, and any copies of the Yahoo! Software made by or for you. All rights not expressly granted to you are reserved by Yahoo! or their respective owners.

a. YOU MAY install and personally use the Yahoo! Software and any updates provided by Yahoo! (in its sole discretion) in object code form on a personal computer owned or controlled by you and may use the Yahoo! Software for your own noncommercial use or benefit. Your licence to the Yahoo! Software under this Software Licence continues until it is terminated by either party. You may terminate the Software Licence by discontinuing use of all or any of the Yahoo! Software and by destroying all your copies of the applicable Yahoo! Software. This Software Licence terminates automatically if you violate any term of this Software Licence, Yahoo! publicly posts a written notice of termination on Yahoo!’s web site, or Yahoo! sends a written notice of termination to you.

b. YOU MAY NOT:
(i) decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, or create derivative works (as defined by the U.S. Copyright Act) or improvements (as defined by U.S. patent law) from the Yahoo! Software or any portion thereof.

(ii) incorporate the Yahoo! Software into any computer chip or the firmware of a computing device manufactured by or for you.

(iii) use the Yahoo! Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with TOS or this Software Licence.

(iv) you may not use the Yahoo! Software to operate nuclear facilities, life support, or other mission critical application where human life or property may be at stake. You understand that the Yahoo! Software is not designed for such purposes and that its failure in such cases could lead to death, personal injury, or severe property or environmental damage for which Yahoo! is not responsible.

(v) use or export the Yahoo! Software in violation of applicable U.S. or UK laws or regulations

(vi) sell, lease, loan, distribute, transfer, or sub-license the Yahoo! Software or access thereto or derive income from the use or provision of the Yahoo! Software, whether for direct commercial or monetary gain or otherwise, without Yahoo!’s prior, express, written permission.

2. Ownership and Relationship of Parties.

The Yahoo! Software is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in this Software Licence and in the TOS. Yahoo! and Yahoo!’s Licensors own all rights, title, and interest in and to their applicable contributions to the Yahoo! Software. This Software Licence grants you no right, title, or interest in any intellectual property owned or licensed by Yahoo!, including (but not limited to) the Yahoo! Software and the Yahoo! trademarks, and creates no relationship between yourself and Yahoo!’s Licensors, or between you and Yahoo! other than that of Yahoo! to licensee.

The Yahoo! Software and its components contain software licensed from Yahoo! Licensors (“Licensor Software”). The Licensor Software enables the Yahoo! Software to perform certain functions including, without limitation, access proprietary data on third-party data servers. You agree that you will use the Yahoo! Software, and any data accessed through the Yahoo! Software, for your own personal non-commercial use only. You agree not to assign, copy, transfer, or transmit the Yahoo! Software, or any data obtained through the Yahoo! Software, to any third party. Your licence to use the Yahoo! Software, its components, and any third-party data, will terminate if you violate these restrictions. If your licence terminates, you agree to cease any and all use of the Yahoo! Software, its components, and any third-party data. All rights in any third-party data, any third-party software, and any third-party data servers, including all ownership rights are reserved and remain with the respective third parties. You agree that these third parties may enforce their rights under this Agreement against you directly in their own name.

3. Support and Software Updates.

Yahoo! may elect to provide you with customer support and/or software upgrades, enhancements, or modifications for the Yahoo! Software (collectively, “Support”), in its sole discretion, and may terminate such Support at any time without notice to you. Yahoo! may change, suspend, or discontinue any aspect of the Yahoo! Software at any time, including the availability of any Yahoo! Software feature, database, or content. Yahoo! may also impose limits on certain features and services or restrict your access to parts or all of the Yahoo! Software or the Yahoo! web site without notice or liability.

4. Fees and Payments.

Yahoo! reserves the right to charge fees for future use of or access to the Yahoo! Software in Yahoo!’s sole discretion. If Yahoo! decides to charge for the Yahoo! Software, such charges will be disclosed to you 28 days before they are applied.

5. Disclaimer of Warranties by Yahoo!

Use of the Yahoo! Software and any data accessed through the Yahoo! Software (such as stock quotes, market information, news, or other information) is at your sole risk. They are
Provided “as is.”

Any material or service downloaded or otherwise obtained through the use of the Yahoo! Software (such as the “anti-spy” feature) is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download and/or use of any such material or service.

Yahoo!, its officers, directors, employees, contractors, agents, affiliates, and assigns (collectively, “Yahoo! Entities”), and Yahoo!’s Licensors do not represent that the Yahoo! Software or any data accessed therefrom is appropriate or available for use outside the United Kingdom.

The Yahoo! Entities and Yahoo! Licensors expressly disclaim all warranties of any kind, whether express or implied, relating to the Yahoo! Software and any data accessed therefrom, or the accuracy, timeliness, completeness, or adequacy of the Yahoo! Software and any data accessed therefrom, including the implied warranties of title, merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement.

If the Yahoo! Software or any data accessed therefrom proves defective, you (and not the Yahoo! Entities, or the Yahoo! Licensors) assume the entire cost of all repair or injury of any kind, even if the Yahoo! Entities, or Yahoo! Licensors have been advised of the possibility of such a defect or damages. Some jurisdictions do not allow restrictions on implied warranties so some of these limitations may not apply to you.

6. Limitation of liability.

Notwithstanding any other provision, nothing in this Software Licence shall exclude or limit either party’s liability for the tort of deceit, fraudulent misrepresentation, death or personal injury caused by negligence.

The Yahoo! Entities and Yahoo! Licensors will not be liable to you for claims and liabilities of any kind arising out of or in any way related to the use of the Yahoo! Software by yourself or by third parties, to the use or non-use of any brokerage firm or dealer, or to the sale or purchase of any security, whether such claims and liabilities are based on any legal or equitable theory.

The Yahoo! Entities and Yahoo! Licensors are not liable to you for any and all direct, incidental, special, indirect, or consequential damages arising out of or related to any third-party software, any data accessed through the Yahoo! Software, your use or inability to use or access the Yahoo! Software, or any data provided through the Yahoo! Software, whether such damage claims are brought under any theory of law or equity. Damages excluded by this clause include, without limitation, those for loss of business profits, injury to person or property, business interruption, loss of business or personal information. Some jurisdictions do not allow limitation of incidental or consequential damages so this restriction may not apply to you.

Information provided through the Yahoo! Software, including stock quotes, analysis, market information, news, and financial data, may be delayed, inaccurate, or contain errors or omissions, and the Yahoo! Entities and Yahoo! Licensors will have no liability with respect thereto. Yahoo! may change or discontinue any aspect or feature of the Yahoo! Software or the use of all or any features or technology in the Yahoo! Software at any time without prior notice to you, including, but not limited to, content, hours of availability.

7. Indemnification.

Software that is identified as “spyware” by the Yahoo! Software may be software that you have agreed to load onto your computer pursuant to a separate agreement with a third party. You are solely responsible for compliance with agreements you have executed with third parties. You agree to indemnify and hold the Yahoo! Entities harmless from any claim or demand, including reasonable legal fees, made by any third party in connection with or arising out of your use of the Yahoo! Software, your violation of any terms or conditions of this Software Licence, your violation of applicable laws, or your violation of any rights of another person or entity.

8. Controlling Law.

This Software Licence and the relationship between you and Yahoo! is governed by the laws of England and Wales without regard to its conflict of law provisions. You and Yahoo! agree to submit to the personal and exclusive jurisdiction of the courts located within England and Wales. The United Nations Convention on the International Sale of Goods does not apply to this Software Licence.

9. Precedence .

This Software Licence and the TOS constitute the entire understanding between the parties respecting use of the Yahoo! Software, superseding all prior agreements between you and Yahoo!. In the event of any conflict between the terms and conditions of this Software Licence and those in the TOS, the terms and conditions of this Software Licence will control, except to the extent that the TOS impose additional restrictions and liabilities on your actions. In the event of a conflict between the terms of this Software Licence and the TOS, this Software Licence will control to the extent of such conflict.

10. Surviving Provisions.

Sections 2, and 4 through 10, will survive any termination of this Agreement.

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If you accept the terms of the agreements, click I Agree to continue. You must accept the agreement to install Recuva with optional Yahoo! Toolbar. (Licence terms for the Yahoo! Toolbar shall not apply if this option is not selected on installation).

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