east-tec DisposeSecure (TM)
Copyright (C) 1997-2014 East-Tec
All Rights Reserved.
PLEASE CAREFULLY READ AND REVIEW THE FOLLOWING TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (“EULA”). THIS EULA IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND EAST-TEC S.R.L. BY INDICATING YOUR ACCEPTANCE BELOW, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DECLINE WHERE INSTRUCTED, AND YOU WILL NOT BE ABLE TO USE THE SOFTWARE. IF YOU DO NOT ACCEPT THIS AGREEMENT AND HAVE PROOF OF PAYMENT, YOU MAY RETURN THE UNUSED SOFTWARE TO EAST-TEC WITHIN THIRTY (30) DAYS FOR A REFUND OF SUCH LICENSE FEE.
THE USE OF THIS SOFTWARE PRODUCT WILL RESULT IN PERMANENT OR SELECTIVE DATA ERASURE OF FILES AND DATA AS SPECIFIED BY THE USER. IT MAY LEAD TO TOTAL ERASURE OF YOUR COMPUTER SYSTEM, HARD DRIVE, REMOVABLE MEDIA DEVICES OR MOBILE DEVICES. THE LICENSEE WILL HAVE THE FULL AND SOLE RESPONSIBILITY FOR THE BACK-UP OF THE DATA STORED ON ALL THE ABOVE MENTIONED DEVICES. EAST-TEC WILL NOT BE HOLD RESPONSIBLE FOR ANY LOSS OF DATA.
“EULA” refers to this legal agreement between East-Tec and Licensee, that stipulates the terms of usage, commonly known as End User License Agreement.
“Licensee” refers to You or Your Company, unless otherwise indicated.
“East-Tec” refers to East-Tec S.R.L.
“Computer(s)” refers to hardware equipment, including personal computers, laptops, workstations, smart phones, handheld devices, or other electronic devices for which the Software was designed or where the Software will be installed or used.
“Software” refers to the computer program identified above including any Updates and other related materials.
“Update(s)” refers to any modifications made to the Software that may include enhancements, fixes, additions or maintenance packs, patches, revisions, upgrades etc.
“Evaluation (Trial) Version” refers to a version of the Software to be used only to review, demonstrate and evaluate the Software for a period of 15 days.
“Full Version” refers to a fully functional version of the Software to be used in accordance with the terms and conditions set forth in this EULA.
“Permitted Number of Computers” refers to the number of computers covered by the license purchased for the Software from East-Tec. “Documentation” shall mean all written or graphical material in any medium relating to the functionality and operation of the Software.
2. GRANT OF LICENSE AND LIMITATIONS
The Software product subject of this Software License Agreement is the property of East-Tec and is protected by copyright law. The Software is licensed and it is not sold. East-Tec grants licensee certain rights to use the Software according to the terms and conditions set forth in this EULA.
Except as may be modified by a license addendum which accompanies this license, your rights and obligations with respect to the use of this Software are as follows:
2.1 EVALUATION (TRIAL) VERSION
THIS IS AN EVALUATION COPY of the East-Tec software product identified above (the “Software”). To sanitize entire disks, the Software can only be run from a bootable disk. Usage of the network sanitizing is restricted in the evaluation version and it is only available in the full version.
When run from a bootable disk, the evaluation version has 3 sanitizations with one-pass overwrite using zero characters. This means you can only perform 3 wipes (e.g. sanitize 3 disks and/or partitions, or sanitize the same disk and/or partition 3 times, or a combination of the two).
To obtain full-use rights and be able to wipe drives without the restrictions above, you must purchase the full version.
Provided that you verify that you are distributing the evaluation version, you are hereby licensed to make as many copies of the evaluation version of this software as you wish; give exact copies of the original evaluation version to anyone; and distribute the evaluation version of the software and documentation in its unmodified form via electronic means. There is no charge for any of the above.
You are specifically prohibited from charging, or requesting donations, for any such copies, however made.
Use of the evaluation version of east-tec DisposeSecure beyond the limitations described here is in violation of United States of America (“U.S.”), European and International Copyright laws and will be prosecuted to the maximum extent possible under the law.
2.2 FULL VERSION
The term ‘Permitted Number of Computers’ means the number of computers covered by the license purchased for the Software from East-Tec. This license must be accompanied by a purchase Invoice/Receipt, which specifies the number of computers that you (“LICENSEE”) may erase using the purchased Software. If you have any questions regarding this number and/or your license, refer to the East-Tec Customer Contact section found at the end of this document.
You may NOT distribute the full version of the software. Violation of this rule may result in temporary or permanent revocation of this license; the original licensee will also be held responsible for damages, physical and estimated.
Using an illegal copy of this software product or distributing a full version of the product is in violation of United States of America (‘U.S.’), European and international copyright laws and will be prosecuted to the maximum extent possible under the law.
YOU (“LICENSEE”) MAY:
(i) use the Software in accordance with the number of Sanitizations from the Invoice/Receipt provided to the LICENSEE at purchase;
(ii) perform up to the number of sanitizations or wipes, as specified in the License Addendum or Invoice; in this case, the product will never expire, and you will be entitled to get free updates, upgrades and support as specified in the “UPDATES” section below.
(iii) for licenses with unlimited number of sanitizations (like Site/Enterprise Licenses or Technicians), the product will expire after 1 (one) year and you will no longer be able to use it, unless you renew your annual license for an additional 1 (one) year period.
(iv) make one backup copy of the Software, provided your backup copy is not installed or used on any computer;
YOU MAY NOT:
(i) copy the documentation which accompanies the Software;
(ii) sublicense, rent or lease any portion of the Software;
(iii) reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software; or
(iv) use a previous version or copy of the Software after you have received a disk replacement set or an upgraded version as a replacement of the prior version, unless you donate that previous version of an upgraded version to a charity of your choice, and such charity agrees in writing that it will be the sole end user of the product, and that it will abide by the terms of this agreement. Unless you so donate a previous version of an upgraded version, upon upgrading the Software, all copies of the prior version must be destroyed.
This Agreement is effective for an unlimited duration unless and until earlier terminated as set forth herein. This Agreement will terminate automatically if you fail to comply with any of the obligations, limitations or other requirements described herein. Upon any termination or expiration of this Agreement, you must destroy all copies of the Software. You may terminate this Agreement at any point by destroying all copies of the Software.
By purchasing a full version of east-tec DisposeSecure, you are entitled to use all minor versions of the product free of charge. When a major version is released, you cannot use it without renewing your license for a special price. If you choose not to renew your license, you can still use the current version, provided that you still have remaining sanitizations. If you renew your license, you can use the remaining sanitizations in the new major version, and you can also purchase additional sanitizations.
5. OWNERSHIP RIGHTS:
east-tec DisposeSecure (TM)
Copyright (C) 1997-2014 East-Tec S.R.L.
All rights reserved.
The Software is protected by Romanian copyright laws and international treaty provisions. East-Tec owns and retains all right, title and interest in and to the Software, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. Your possession, installation, or use of the Software does not transfer to you any title to the intellectual property in the Software, and you will not acquire any rights to the Software except as expressly set forth in this Agreement. All copies of the Software made hereunder must contain the same proprietary notices that appear on and in the Software.
6. WARRANTY DISCLAIMER
THE SOFTWARE IS PROVIDED ‘AS IT IS’. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EAST-TEC DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND INFRINGEMENT WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING DOCUMENTATION. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, EAST-TEC MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
7. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL EAST-TEC OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES. IN NO EVENT WILL EAST-TEC BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LIST PRICE EAST-TEC CHARGES FOR A LICENSE TO THE SOFTWARE, EVEN IF EAST-TEC SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The user must assume the entire risk of using the program. ANY LIABILITY OF THE SELLER WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE.
8. HIGH RISK ACTIVITIES
The Software is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life- support machines, or any other application in which the failure of the Software could lead directly to death, personal injury, or severe physical or property damage (collectively, ‘High Risk Activities’). East-Tec expressly disclaims any express or implied warranty of fitness for High Risk Activities.
This Agreement is governed by the laws of Romania. Any action or proceeding brought by anyone arising out of or related to these terms and conditions shall be brought only in a court of competent jurisdiction located in Oradea, Romania, and the parties hereby consent to the jurisdiction and venue of said court. This Agreement sets forth all rights for the user of the Software and is the entire agreement between the parties. This Agreement supersedes any other communications with respect to the Software. This Agreement may not be modified except by a written addendum issued by a duly authorized representative of East-Tec. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by East-Tec or a duly authorized representative of East-Tec. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The parties confirm that it is their wish that this Agreement has been written in the English language only.
10. EAST-TEC CUSTOMER CONTACT
If you have any questions concerning these terms and conditions, or if you would like to contact East-Tec for any other reason, please write to: East-Tec European Offices, Romania, Bihor County, Str. Balogh Istvan Nr. 17, Oradea 410238, World Wide Web: http://www.east-tec.com/support/