DiskVision distribution permissions and end-user license agreement

LICENSE AGREEMENT

BY CLICKING ON THE "ACCEPT" BUTTON, YOU ARE CONSENTING TO BE BOUND BY THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "CANCEL" BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE.


ASCENDIS SOFTWARE END-USER LICENSE AGREEMENT

This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity), and Ascendis Software for the software product "DiskVision", which includes computer software and product documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, promptly delete all files related to the SOFTWARE PRODUCT and, if you have registered the SOFTWARE PRODUCT, contact the place from which you purchased the registration within 30 days of purchase for a full refund.


SOFTWARE PRODUCT LICENSE

This SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

GRANT OF LICENSE, EVALUATION. For the purposes of evaluating the performance of the SOFTWARE PRODUCT, Ascendis Software grants you a personal, non-exclusive, non-transferable license to install and execute the SOFTWARE PRODUCT on a single computer for a period of no more than 30 days. If after that time continued use of the SOFTWARE PRODUCT is desired then the SOFTWARE PRODUCT must be registered with Ascendis Software subject to the terms as laid out in the registration information which can be found in the documentation accompanying the SOFTWARE PRODUCT.

GRANT OF LICENSE, SINGLE. Upon purchase of a single-user copy of the SOFTWARE PRODUCT, Ascendis Software grants you a personal, non-exclusive, non-transferable license to install and execute the SOFTWARE PRODUCT on a single computer or on multiple computers provided that there is no chance of concurrently running two or more distinct instances of the SOFTWARE PRODUCT simultaneously. You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT on your other computers over an internal network; however, you must acquire and dedicate a license for each separate computer on which the SOFTWARE PRODUCT is installed or run from the storage device. A license for the SOFTWARE PRODUCT may not be shared or used concurrently on different computers.

GRANT OF LICENSE, SITE. Upon purchase of a site license for the SOFTWARE PRODUCT, Ascendis Software grants you a non-exclusive, non-transferable license to install and execute the SOFTWARE PRODUCT on as many computers as you own or lease within a single building. You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT on your owned computers over an internal network within the building. Ascendis Software will provide technical support as needed to a single contact of your choosing. You may designate a new contact up to twice a year.

GRANT OF LICENSE, ENTERPRISE. Upon purchase of an enterprise license for the SOFTWARE PRODUCT, Ascendis Software grants you a non-exclusive, non-transferable license to install and execute the SOFTWARE PRODUCT on as many computers as you own or lease. You may also store or install a copy of the SOFTWARE PRODUCT on storage devices, such as a network servers, used only to install or run the SOFTWARE PRODUCT on your owned computers. Ascendis Software will provide technical support as needed to a single contact of your choosing. You may designate a new contact up to twice a year.

LIMITATIONS. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law, notwithstanding this limitation. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer. You may not rent or lease the SOFTWARE PRODUCT. Without prejudice to any other rights, Ascendis Software may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.

COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and applets, incorporated into the SOFTWARE PRODUCT), are owned by Ascendis Software. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may either (a) make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes, or (b) install the SOFTWARE PRODUCT on a single computer provided you keep the original solely for backup or archival purposes.

This EULA is governed by the laws of the State of Ohio.


DISCLAIMER OF WARRANTY

THE SOFTWARE IS PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

THIS SOFTWARE IS NOT FAULT TOLERANT AND SHOULD NOT BE USED IN ANY ENVIRONMENT WHICH REQUIRES THIS, SUCH AS ON-LINE CONTROL OF AIRCRAFT.

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, ASCENDIS SOFTWARE`S AGGREGATE LIABILITY TO LICENSEE OR TO ANY THIRD PARTY FOR CLAIMS RELATING TO THIS AGREEMENT, WHETHER FOR BREACH OR IN TORT, WILL BE LIMITED TO THE FEES PAID BY LICENSEE FOR SOFTWARE WHICH IS THE SUBJECT MATTER OF THE CLAIMS. IN NO EVENT WILL ASCENDIS SOFTWARE BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS), HOWEVER IT ARISES, WHETHER FOR BREACH OR IN TORT, EVEN IF ASCENDIS SOFTWARE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. LIABILITY FOR DAMAGES WILL BE LIMITED AND EXCLUDED, EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. The disclaimer of warranty and limited liability set forth above are fundamental elements of the basis of the bargain between Ascendis Software and you. You agree that Ascendis Software would not be able to provide the SOFTWARE PRODUCT on an economic basis without such limitations.

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