Foxit Reader

29 Wednesday Sep 2010

Posted by atomicguru in PDF Software, Utilities

Tags

biological, Consent, Department of Defense, Export, Foxit Corporation, Foxit Reader, INTELLECTUAL, Maintenance, obligation, restrictions, Software, third-party, U.S. Government, Warranty

About Foxit Reader

Download Foxit Reader from FileHippo

FOXIT CORPORATION LICENSE AGREEMENT FOR DESKTOP AND SERVER SOFTWARE APPLICATIONS
IMPORTANT-READ CAREFULLY: This Foxit Corporation (“Foxit”) License Agreement (“License” or “Agreement”) is a legal agreement between You (either an individual or an entity, who will be referred to in this License as “You” or “Your”) and Foxit Corporation for the use of desktop and server software applications, and which may include associated media, printed materials, and other components and software modules including but not limited to drivers (“Product”). The Product also includes any software updates and upgrades that Foxit Corporation may provide to You or make available to You, or that You obtain after the date You obtain Your initial copy of the Product, to the extent that such items are not accompanied by a separate license agreement or terms of use. BY INSTALLING, COPYING, DOWNLOADING, ACCESSING OR OTHERWISE USING THE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS FOXIT CORPORATION LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT YOU HAVE NO RIGHTS TO THE PRODUCT AND SHOULD NOT INSTALL, COPY, DOWNLOAD, ACCESS OR USE THE PRODUCT.
The Product is protected by copyright laws as well as other intellectual property laws. The Product is licensed and not sold.
1. GRANT OF LICENSE. Foxit Corporation grants You a non-exclusive, nontransferable license to install and use the Product subject to all the terms and conditions set forth here within.
1.1. Single-Use Perpetual License. You may permit a single authorized end user to install the Product on a single computer for use by that end user only. Remote access is not permitted without the express written consent of Foxit Corporation.
1.2. Single-Use Term License. Same usage terms as the Single-Use Perpetual License except that the term of the license is limited to a fixed duration upon expiration of which the Product must be deinstalled from the computer unless the license is renewed for an additional period of time.
2. ADDITIONAL LIMITATIONS. You may not reverse engineer, decompile, or disassemble the Product, except and only to the extent that it is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, lend or transfer the Product, or host the Product for third parties. The Product is licensed as a single integral product; its component parts may not be separated for use on more than one computer. The Product may include copy protection technology to prevent the unauthorized copying of the Product or may require original media for use of the Product on the computer. It is illegal to make unauthorized copies of the Product or to circumvent any copy protection technology included in the Product. The software may not be resold either by you or a third party customer without the prior written permission of Foxit Corporation. All rights not expressly granted to you are retained by Foxit Corporation.
2.1. Third Party Software. The Product may contain third party software that Foxit Corporation can grant sublicense to use and which is also protected by copyright law and other applicable laws.

3. SUPPORT AND MAINTENANCE TERMS AND CONDITIONS.
3.1. Term of Maintenance. Foxit Corporation agrees to provide Maintenance (as defined herein) to You pursuant to the terms and conditions set forth herein provided that You pay the Maintenance Fee for each Product for which Maintenance is desired and as further described in Section 3.4 below. Maintenance will be provided for a period of one year, unless otherwise agreed to by the parties in writing, from the date of purchase of the Product (the “Initial Support and Maintenance Term”), and with renewals, annually from the expiration date of the prior Support and Maintenance Term. Failure to renew annual maintenance may result in You having to purchase a new license in order to receive future versions of software and associated ongoing support and maintenance.
3.2. Maintenance Services. In exchange for the Maintenance Fee, Foxit Corporation agrees to provide to you during the term of this Agreement support and maintenance (collectively “Maintenance”) as follows:
3.2.1. Support: Foxit Corporation will provide email and telephone support to You for current versions of the Product. Foxit Corporation will investigate all of Your questions and problems promptly. You agree to provide adequate information to Foxit Corporation to assist in the investigation and to confirm that any problems have been resolved. Foxit Corporation does not provide guaranteed response time but will make good faith effort to answer emails and voice mails within twenty-four (24) hours or less during weekdays, excluding holidays.
3.2.2. Maintenance: Foxit Corporation will supply to You, at no additional charge, any improvements, upgrades, or modifications to the Product that Foxit Corporation makes generally available. Any such improvements, upgrades, or modifications shall become part of the Product for all purposes of this Agreement.
3.2.3. You acknowledge and agree that the Maintenance to be provided by Foxit Corporation hereunder is limited to the most current version of the Product and the immediately preceding version.
3.3. Exclusions. Foxit Corporation’ obligation to provide Support is contingent upon proper use of the Product and full compliance with this Agreement. Moreover, Foxit Corporation shall be under no obligation to provide Support should such services be required due to (a) failure to operate the Product within the systems requirements provided for the Product (b) any modification or attempted modification of the Product by You or any third party or (C) Your failure or refusal to implement Product changes recommended by Foxit Corporation.
3.4. Consideration. In payment of the Maintenance services to be provided by Foxit Corporation hereunder, you shall pay Foxit Corporation, or its authorized agent, the applicable fee for the Initial Support and Maintenance Term as indicated on the related invoice, receipt, purchase order, or other ordering document (“Maintenance Fee”). At the end of the Initial Support and Maintenance Term, or any subsequent Support and Maintenance Term, You may renew participation in Maintenance services for additional annual term(s) provided You (a) are current on all payments due to Foxit Corporation and (b) pay Foxit Corporation, or its authorized agent, the applicable renewal fee, which Foxit Corporation, or its authorized agent, shall invoice prior to the end of the preceding term, unless terminated by You at least 30 days prior to the expiration of the then current Support and Maintenance Term. The Maintenance Fee for renewal shall be equal to the Maintenance Fee for the immediate preceding annual term plus an increase by a percentage not to exceed the Consumer Price Index (CPI), as published by the U.S. Department of Labor. In addition, Maintenance shall be discontinued for any and all subsequent Support and Maintenance Terms for which You fail to pay Foxit Corporation the invoice within ten (10) days after the prior Maintenance expiration date.
3.5. Exceptions. For use of the free Foxit Reader Product or a Beta Software Product, only the Maintenance Services and Exclusions paragraphs of this section apply
4. PAYMENT TERMS. Unless explicitly set forth in this Agreement, all fees and other amounts due under this Agreement are non-cancelable and non-refundable. Unless otherwise agreed to by the parties, You shall pay all fees or amounts within 30 days of the date of the invoice. A late fee shall be charged on any overdue amounts and any other fees and expenses not paid as provided under this Agreement at the rate of one and one-half percent (1½%) per month, or the highest rate allowable under applicable law, whichever is less, commencing with the date payment was due.
5. TAXES. The fees and all other amounts due as set forth in this Agreement are net amounts to be received by Foxit Corporation, exclusive of all taxes, duties, and assessments, including without limitation all sales, withholding, VAT, excise, ad valorem, and use taxes (collectively, the “Taxes”), and are not subject to offset or reduction because of any Taxes incurred by You or otherwise due as a result of this Agreement. You shall be responsible for and shall pay directly, any and all Taxes relating to the performance of this Agreement, provided that this paragraph shall not apply to taxes based solely on Foxit Corporation’ income.
6. CONSENT TO USE OF DATA. If Foxit Corporation provides any support services to You, You agree that Foxit Corporation and its affiliates may collect and use all information You provide as a part of any such support services related to the Product. Foxit Corporation agrees not to use this information in a form that personally identifies you.
7. INTELLECTUAL PROPERTY RIGHTS. Subject to the license grant hereunder, all right, title and interest in and to the Product, the accompanying printed materials, and any copies of the Product are owned by Foxit Corporation and its licensors.
8. EXPORT RESTRICTIONS. You acknowledge that Product is of U.S. origin. You agree to comply with all applicable foreign, federal, state and local laws and regulations governing Your use of the Product. Without limiting the foregoing, in the event that this Agreement permits export of the Product outside the U.S., You shall be solely responsible for compliance with all applicable U.S. export laws, rules, and regulations. The Product is subject to the U.S. Export Administration Regulations and other U.S. law, and may not be exported or re-exported to certain countries (currently Cuba, Iran, Libya, North Korea, Sudan and Syria) or to persons or entities prohibited from receiving U.S. exports (including those (a) on the Bureau of Industry and Security Denied Parties List or Entity List, (b) on the Office of Foreign Assets Control list of Specially Designated Nationals and Blocked Persons, and (c) involved with missile technology or nuclear, chemical or biological weapons).
9. WARRANTY
9.1. Warranty. Foxit Corporation warrants that for a period of 90 days from the date of delivery (“Warranty Period”), under normal use, the Product will perform substantially in conformance with the specifications published in the Documentation. During such period, and as the sole obligation of Foxit Corporation and Your sole remedy under the warranty in this Section, if You provide written notice of Foxit Corporation’s failure to comply with the above warranty, Foxit Corporation will use reasonable commercial efforts to correct such nonconformity in the Product as in accordance with the terms of the Maintenance and Support Policy. In addition, if Foxit Corporation determines it is not commercially reasonable to correct the nonconformity, Foxit Corporation may elect to terminate the license to such Product, upon which termination Licensee will promptly return to Foxit Corporation all such copies of such Product. Upon receipt of the Product from Licensee, Foxit Corporation will return to Licensee all license fees (and any unused support fees) paid to Foxit Corporation by You for such Product. This warranty set forth above does not apply to, and Foxit Corporation shall have no obligation with respect to, any non-conformity arising as a result of (i) use of the Product other than as specified under this Agreement and the related Documentation; (ii) any modification or alteration of the Product performed other than by Foxit Corporation or its agents, or (iii) transfer of the Product to any computer system other than the ones on which Product is authorized to be stalled, except as permitted in this Agreement.
9.2. Disclaimer. Other than the warranty set forth in Section 9.1 above, and to the maximum extent permitted by applicable law, Foxit Corporation, its authorized resellers and their subsidiaries provides the Product and any support services related to the Product (“Support Services”) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, either express, implied or statutory, including, but not limited to, any implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Product, and the provision of or failure to provide support services.
10. LIMIT OF LIABILITY AND EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FOXIT CORPORATION, ITS AUTHORIZED RESELLERS OR THEIR SUBSIDIARIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS LICENSE, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF FOXIT CORPORATION, EVEN IF FOXIT CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.1. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that You might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Foxit Corporation, its resellers and their subsidiaries under any provision of this License and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Product. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
10.2. NOTICE TO U.S. GOVERNMENT END USERS
10.3. For contracts with agencies of the Department of Defense, the Government’s rights in: (1) commercial computer software and commercial computer software documentation shall be governed, pursuant to 48 C.F.R. 227.7201 through 227.7202-4, by Foxit Corporation’ standard commercial license(s) for the respective product(s); (2) software and software documentation other than commercial computer software and commercial computer software documentation shall be governed by 48 C.F.R. 252.227-7014; (3) technical data for commercial items other than software or software documentation shall be governed by 48 C.F.R. 252.227-7015(b); and (4) technical data for non-commercial items other than software or software documentation shall be governed by 48 C.F.R. 252.227-7013.
10.4. For contracts with U.S. Government agencies other than the Department of Defense agencies, the Government’s rights in: (1) commercial computer software and commercial computer software documentation shall be governed, pursuant to 48 C.F.R. 2.101 and 12.212, by Foxit Corporation’ standard commercial license(s) for the respective product(s); (2) software and software documentation other than commercial computer software and commercial computer software documentation shall be governed by 48 C.F.R. 52.227-14, Alternative III; and (3) technical data other than software and software documentation shall be governed by 48 C.F.R. 52.227-14 including, where applicable Alternatives I or II.
11. GENERAL. This Agreement will be governed by and construed in accordance with the laws of the State of California excluding that body of laws known as conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods will not apply. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in San Jose, California and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. You may not assign this Agreement or any right or interest hereunder, by operation of law or otherwise, without Foxit Corporation’ express prior written consent. Any attempt to assign this Agreement, without such consent, will be null and of no effect. Subject to the foregoing, this Agreement will bind and inure to the benefit of each party’s successors and permitted assigns. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise. If for any reason a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect. All notices or approvals required or permitted under this Agreement will be in writing and delivered by confirmed facsimile transmission, by overnight delivery services, or by certified mail, and in each instance will be deemed given upon receipt. All notices or approvals will be sent to the addresses set forth in the applicable ordering document or invoice or to such other address as may be specified by either party to the other in accordance with this Section. Neither party will be responsible for any failure or delay in its performance under this Agreement (except for any payment obligations) due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain labor, energy or supplies, war, terrorism, riot, or acts of God. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. This Agreement, including Foxit Corporation’ support and maintenance services terms constitutes the entire and exclusive agreement between the parties concerning its subject matter and supersedes all prior written and oral understandings and agreements between the parties regarding its subject matter. The terms and conditions contained in any customer purchase order or other ordering document that are inconsistent with or in addition to the terms and conditions of this Agreement are hereby rejected by Foxit Corporation and will be deemed null and of no effect.
12. COMPLIANCE WITH LICENSES. If you are a business, company or organization, You agree that upon request from Foxit Corporation or its authorized representative You will within thirty (30) days fully document and certify that use of any and all Foxit Corporation Products at the time of the request is in conformity with Your valid licenses from Foxit Corporation.
13. Should you have any questions concerning this License, or if You desire to contact

Foxit Corporation for any reason, please call (510) 438-9090.

VLC Media Player v1.1.1

23 Friday Jul 2010

Posted by atomicguru in Media Players

≈ 1 Comment

Tags

compiler, Copyright, Free Software Foundation, Gnomovision, GNU Library, Infringement, James Hacker, kernel, LICENSE, Media Player, patent, redistributors, restrictions, VLC Media Player, Yoyodyne

VLC Media Player

: VLC Media Player

Download VLC Media Player from FileHippo or http://www.videolan.org/.

GNU GENERAL PUBLIC LICENSE
Version 2, June 1991

Copyright (C) 1989, 1991 Free Software Foundation, Inc.
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.

Preamble

The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change free software–to make sure the software is free for all its users. This General Public License applies to most of the Free Software Foundation’s software and to any other program whose authors commit to using it. (Some other Free Software Foundation software is covered by
the GNU Library General Public License instead.) You can apply it to your programs, too.

When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs; and that you know you can do these things.

To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions translate to certain responsibilities for you if you distribute copies of the software, or if you modify it.

For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights.

We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software.

Also, for each author’s protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors’ reputations.

Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone’s free use or not licensed at all.

The precise terms and conditions for copying, distribution and modification follow.

GNU GENERAL PUBLIC LICENSE
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION

0. This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The “Program”, below, refers to any such program or work, and a “work based on the Program” means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term “modification”.) Each licensee is addressed as “you”.

Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does.

1. You may copy and distribute verbatim copies of the Program’s source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program.

You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.

2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions:

a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.

b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third
parties under the terms of this License.

c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.)

These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.

Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program.

In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License.

3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:

a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)

The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable.

If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code.

4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.

5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it.

6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients’ exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.

7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.

If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances.

It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice.

This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License.

8. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.

9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.

Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and “any later version”, you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation.

10. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally.

NO WARRANTY

11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY
FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN
OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES
PROVIDE THE PROGRAM “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS
TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE
PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION.

12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR
REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES,
INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED
TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY
YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER
PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.

END OF TERMS AND CONDITIONS

How to Apply These Terms to Your New Programs

If you develop a new program, and you want it to be of the greatest possible use to the public, the best way to achieve this is to make it free software which everyone can redistribute and change under these terms.

To do so, attach the following notices to the program. It is safest to attach them to the start of each source file to most effectively convey the exclusion of warranty; and each file should have at least the “copyright” line and a pointer to where the full notice is found.

<one line to give the program’s name and a brief idea of what it does.>
Copyright (C) <year> <name of author>

This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 2 of the License, or (at your option) any later version.

This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details.

You should have received a copy of the GNU General Public License along with this program; if not, write to the Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA

Also add information on how to contact you by electronic and paper mail.

If the program is interactive, make it output a short notice like this when it starts in an interactive mode:

Gnomovision version 69, Copyright (C) year name of author Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show w’. This is free software, and you are welcome to redistribute it under certain conditions; type `show c’ for details.

The hypothetical commands `show w’ and `show c’ should show the appropriate parts of the General Public License. Of course, the commands you use may be called something other than `show w’ and `show c’; they could even be mouse-clicks or menu items–whatever suits your program.

You should also get your employer (if you work as a programmer) or your school, if any, to sign a “copyright disclaimer” for the program, if necessary. Here is a sample; alter the names:

Yoyodyne, Inc., hereby disclaims all copyright interest in the program `Gnomovision’ (which makes passes at compilers) written by James Hacker.

<signature of Ty Coon>, 1 April 1989
Ty Coon, President of Vice

This General Public License does not permit incorporating your program into proprietary programs. If your program is a subroutine library, you may consider it more useful to permit linking proprietary applications with the library. If this is what you want to do, use the GNU Library General Public License instead of this License.

FileZilla Client v3.3.3

17 Saturday Jul 2010

Posted by atomicguru in File Transfer

≈ 1 Comment

Tags

announcement, distribution, executable, FileZilla Client, forbid, Free Software, Free Software Foundation, Gnomovision, GNU, Infringement, James Hacker, legal permission, operating system, Patents, Program, Public License, restrictions, Yoyodyne

FileZilla Client v3.3.3

: FileZilla Client v3.3.3

Download FileZilla from FileHippo.com

GNU GENERAL PUBLIC LICENSE
Version 2, June 1991

Copyright (C) 1989, 1991 Free Software Foundation, Inc. 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.

Preamble

We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software.

The precise terms and conditions for copying, distribution and modification follow.

GNU GENERAL PUBLIC LICENSE
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION

You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.

a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.

c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under
these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.)

b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete
machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you
received the program in object code or executable form with such an offer, in accord with Subsection b above.)

7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you
may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.

It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the
integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice.

This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License.

NO WARRANTY

END OF TERMS AND CONDITIONS

How to Apply These Terms to Your New Programs

<one line to give the program’s name and a brief idea of what it does.>
Copyright (C) <year> <name of author>

You should have received a copy of the GNU General Public License along with this program; if not, write to the Free Software Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA

Also add information on how to contact you by electronic and paper mail.

If the program is interactive, make it output a short notice like this when it starts in an interactive mode:

Gnomovision version 69, Copyright (C) year name of author
Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show w’.
This is free software, and you are welcome to redistribute it under certain conditions; type `show c’ for details.

You should also get your employer (if you work as a programmer) or your school, if any, to sign a “copyright disclaimer” for the program, if necessary. Here is a sample; alter the names:

Yoyodyne, Inc., hereby disclaims all copyright interest in the program
`Gnomovision’ (which makes passes at compilers) written by James Hacker.

<signature of Ty Coon>, 1 April 1989
Ty Coon, President of Vice

Recuva v1.37

16 Friday Jul 2010

Posted by atomicguru in File Recovery

≈ 1 Comment

Tags

Anti-Spy, disassemble, liabilities, Licence, permission, Piriform, Recuva, restrictions, reverse engineer, Software, spyware, TOS, Yahoo! Toolbar

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.

————————————————————————————
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.

————————————————————————————
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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~ Place to read EULA for various application software

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