License Agreement: Terms and Conditions of Use
Ontrack® Online and/or Ontrack® Verifile™ (the “Software”) are designed and licensed solely for use within your organization in conjunction with your use of Ontrack Data Recovery services. Unauthorized use of the Software is strictly prohibited.
IMPORTANT NOTICE. THIS LICENSE AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND ONTRACK INC. OR ANY SUBSIDIARY, AND ITS SUPPLIERS (“ONTRACK”). BY INSTALLING OR USING THE SOFTWARE IN ANY WAY YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL OR USE THE SOFTWARE IN ANY WAY.
LICENSE GRANT. Ontrack grants you a non-exclusive license to use the Software within your organization in conjunction with your use of Ontrack Data Recovery services. Ontrack® Online and Ontrack Verifile are proprietary products of Ontrack and are protected by copyright and other intellectual property laws. Unauthorized use of the Software is strictly prohibited.
OTHER RESTRICTIONS. You shall not: (a) remove any product identification, copyright notices, or other notices or proprietary restrictions from the Software; (b) sell, lease, rent, copy or transfer the Software to another or use the Software for commercial or financial gain including, but not limited to, use in performing technical, consulting, or training services; (c) cause or permit reverse engineering, disassembly, decompilation or alteration of the Software except to the extent such restriction is expressly prohibited by applicable law.
TERM. This license is effective until terminated. Ontrack may terminate or suspend this license at any time for any reason. This License will also terminate if you fail to comply with any term or condition of this Agreement. Upon termination, you shall discontinue all use of the Software and permanently delete the Software, together with all copies thereof.
COPYRIGHT/OWNERSHIP. The Software and its source code are proprietary products of Ontrack and are protected by copyright and other intellectual property laws. The Software is licensed and not sold. You acquire only the right to use the Software and do not acquire any rights, express or implied, in the Software or media containing the Software other than those specified in this license. Ontrack shall at all times retain all rights, title, interest, including intellectual property rights, in the Software.
TRADEMARKS. Ontrack, Verifile and other Ontrack brand and product names referred to herein are trademarks or registered trademarks of Ontrack Inc. in the United States and/or other countries. All other brand and product names are trademarks of their respective holders.
EXPORT RESTRICTIONS. You agree to comply fully with all laws and regulations of the United States and other countries (Export Laws) to assure that neither the Software, nor any direct products thereof are (1) exported, directly or indirectly, in violation of Export Laws, or (2) are used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation.
None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's List of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
DISCLAIMER OF WARRANTIES. THE SOFTWARE IS DISTRIBUTED 'AS IS' AND YOU, ITS USER, ASSUME ALL RISKS WHEN DOWNLOADING OR USING IT. THERE ARE NO WARRANTIES EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE. ONTRACK DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ARISING FROM USAGE OF TRADE OR COURSE OF DEALING OR PERFORMANCE. ONTRACK DOES NOT WARRANT THAT THE SOFTWARE IS NON-INFRINGING, THAT IT WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE.
LIMITATION OF LIABILITY. IN NO EVENT SHALL ONTRACK BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (WHICH SHALL INCLUDE WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) WHETHER BASED ON CONTRACT, TORT OR OTHER LEGAL THEORY, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF ONTRACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
MISCELLANEOUS. In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions. The Agreement is governed by the laws of the State of Minnesota as applied to agreements between Minnesota residents entered into and to be performed entirely within Minnesota, and each party hereto submits to the exclusive jurisdiction of the Courts located in that State. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. This is the entire agreement between you and Ontrack, which supersedes any prior agreement, whether written or oral, relating to this subject matter.
U.S. GOVERNMENT RESTRICTED RIGHTS. In the event the Federal Acquisition Regulations (FAR) or DFARS is applicable to this Agreement, the Software is provided only with Restricted Rights as defined in paragraph 52.227-19 or paragraph 252.227-7013(c)(1)(ii), respectively (or a comparable or successor clause to either), as applicable. Contractor/manufacturer is Ontrack Inc., 9023 Columbine Road, Eden Prairie, MN 55347.
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