BitDisk 7 7.02

EULA - End User License Agreement

END USER LICENSING AGREEMENT

Licensing Agreement is a legal agreement between you, either an individual or a single entity (hereinafter referred to as End User) legally possessing a copy of “BitDisk” software (hereinafter referred to as SWP) and Capital Soft Ltd. (hereinafter referred to as Rights holder).

Exclusive intellectual property rights for the SW and the User Manual on tangible medium and/or electronic version belong to the Rights holder.

SWP is used to protect one partition of PC hard drive from modification.

In case you purchased SWP on CD, opening of the CD packing (sticker integrity violation) means you fully accept the present agreement conditions. If you do not agree to the terms of this licensing agreement, you may return the SWP to the seller and get back its full value.

In case you purchased SWP on-line or on CD, when you choose «I accept Licensing Agreement terms» during SWP installation and click «ОК» this means you fully accept the present Agreement terms. If you do not agree to the terms of this Agreement, you should interrupt SWP installation.

After opening the packing or cutting the sticker (in case you purchase SWP on tangible medium or CD) or choosing «I accept Licensing Agreement Terms» (when purchasing SWP on-line or on DVD) you get the right to use SWP in accordance with this End User Licensing Agreement Terms:

1. When purchasing SWP on printing material you may use SWP for protection of the number of computers indicated on the packing.

2. When purchasing SWP on-line you may use SWP for protection of the number of computers you determined when buying the product.

3. SWP assures the protection of the chosen partition of the hard drive from User's destructive actions.

4. After SWP activation you have the right to receive from the Rights holder or its partners:
• update versions of SWP while they appear (on-line);
• technical support services (on-line);
during the term, indicated on the packing (when purchasing SWP on tangible medium) or indicated by you when buying the product (if purchasing SWP on-line)

5. Technical support services, described in p. 4 of the present Agreement, are offered to the extent that the last update of the SWP last version is made by User.

6. You may make a copy of the legally purchased SWP provided that this copy is destined only for archive purposes and back up purposes in case when the original version is lost, destroyed or unusable. The here mentioned copy may not be used for other purposes and has to be destroyed if the possession of SWP copy is no more legally valid.

7. You may sell the SWP copy you have to a person accepting the terms of the present Licensing Agreement, in this case you stop to be a legal owner of a SWP copy and have to destroy all SWP copies in your possession including the archive copy.

8. You may not transfer the right of use of SWP to third parties except the case stipulated in the p.7 of the present Agreement.

9. You may not decompile and/or modify the SWP.

10. You may not rent, lease or lend the SWP without the Rights holder's permission.

11. The Rights holder guarantees SWP functioning in accordance with
the terms described in the User Manual.

12. The Rights holder does not guarantee SWP efficiency in case of non-compliance with the terms, described in the User Manual as well as in case if the User fails to comply with the terms of this Licensing Agreement.

13. The Rights holder and/or its partners will not be liable for any damages rising out of the use or inability to use the SWP.

14. In case of purchasing of SWP on tangible medium the validity period of SWP use is indicated on the packing.

15. If purchasing SWP on-line the validity period of use of SWP is determined during the purchasing.

Violation of the intellectual property laws for SWP entails civil, administrative or criminal responsibility in accordance with the legislation of the Russian Federation.

TERMINATION
Without prejudice to any other rights, Rights holder may terminate this Licensing Agreement if you fail to comply with the terms and conditions of this Licensing Agreement. In such event, you must destroy all copies of the BitDisk in your possession.

COPYRIGHT
All title, including but not limited to copyrights, in and to the BitDisk and any copies thereof are owned by Rights holder or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the BitDisk is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Licensing Agreement grants you no rights to use such content. All rights not expressly granted are reserved by Rights holder .

NO WARRANTIES
Rights holder expressly disclaims any warranty for the BitDisk. The BitDisk is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. Rights holder does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the BitDisk. Rights holder makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Rights holder further expressly disclaims any warranty or representation to Authorized Users or to any third party.

LIMITATION OF LIABILITY
In no event shall Rights holder be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the BitDisk, even if Rights holder has been advised of the possibility of such damages. In no event will Rights holder be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Rights holder shall have no liability with respect to the content of the BitDisk or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.