END USER LICENSE AGREEMENT
(EULA)
THE HEREIN CONTAINED END USER LICENSE AGREEMENT (THE "AGREEMENT"/"LICENSE" OR 'EULA") SHALL BE CONSIDERED A LEGALLY BINDING AGREEMENT BETWEEN YOU "LICENSEE" AND "DISKIFY" FOR THE USE OF SPECIFIED DESKTOP APPLICATION/SOFTWARE, WHICH MAY INCLUDE RELATED PRINTED MATERIAL, MEDIA, AND OTHER COMPONENTS AND/OR SOFTWARE MODULES. USE OR INSTALLATION OF "DISKIFY" SOFTWARE/DESKTOP APPLICATION AND ANY UPDATES THERETO, INCLUDING HARDWARE APPLIANCE PRODUCTS, SOFTWARE, AND FIRMWARE INCLUDED THEREIN BY "DISKIFY" AND/OR STAND-ALONE APPLICATION/SOFTWARE CONSTITUTES ACCEPTANCE BY YOU OF THE TERMS IN THIS "EULA" AGREEMENT.
LICENSE GRANT
THIS IS A LICENSE AGREEMENT BETWEEN "YOU" AND "DISKIFY", NOT A SALES AGREEMENT. THE TERM APPLICATION/SOFTWARE USED IN THIS AGREEMENT MEANS THE SOFTWARE/APPLICATION PROVIDED TO YOU.
DESCRIPTION OF APPLICATION
"DISKIFY" IS AN APPLICATION THAT CAN BE INSTALLED ON WINDOWS PLATFORMS. THE APPLICATION "DISKIFY" SCANS YOUR ENTIRE VOLUME OR A SPECIFIC FOLDER AND SHOWS YOUR HARD DRIVE DATA IN THE FORM OF A SUNBURST VISUALIZATION CHART. THE APPLICATION HAS THE ABILITY TO ENTIRELY DELETE FOLDERS OFF YOUR HARD DRIVE AT THE FULL USER'S CONTROL. THIS APPLICATION OPERATES OFFLINE AND DOES NOT SHARE ANY DATA WHATSOEVER ABOUT THE USER. WE ARE NOT RESPONSIBLE FOR USERS/LICENSEES WHO ACCIDENTALLY DELETE FILES THAT MAY NOT BE RECOVERED.
PROPRIETARY RIGHTS
ALL RIGHTS (INCLUDING COPYRIGHTS, TRADE SECRET, PATENT, AND OTHER INTELLECTUAL PROPERTY RIGHTS, TITLE, INTEREST IN AND TO THE APPLICATION/SOFTWARE, AND ANY COPY THEREOF) REMAIN WITH "DISKIFY". "YOU" ACKNOWLEDGE THAT NO TITLE OR OTHER INTELLECTUAL PROPERTY RIGHTS IN THE APPLICATION/SOFTWARE ARE TRANSFERRED TO YOU AND YOU WILL NOT ACQUIRE ANY RIGHT TO THE APPLICATION/SOFTWARE EXCEPT FOR THE SPECIFIC LIMITED LICENSE AS EXPRESSLY SET FORTH IN SECTION "LICENSE GRANT" ABOVE.
LIMITATION ON USE
YOU ARE PROHIBITED FROM AND MAY NOT ATTEMPT TO; (A) MODIFY, TRANSLATE, REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, SUBLICENSE, OR DISTRIBUTE THE APPLICATION/SOFTWARE; (B) RENT OR LEASE ANY RIGHT IN THE APPLICATION/SOFTWARE IN ANY FORM TO ANY THIRD PARTY OR MAKE THE APPLICATION/SOFTWARE AVAILABLE OR ACCESSIBLE TO THIRD PARTIES IN ANY OTHER MANNER (EXCEPT AS EXPRESSLY PERMITTED BY "DISKIFY").
TERM AND TERMINATION
THE TERM OF THE LICENSE IS SHORTER OF THE TERM AS SET FORTH IN THIS "EULA", OTHER "DISKIFY" DOCUMENTATIONS, OR PER "DISKIFY" PRACTICES AND POLICIES. "DISKIFY" MAY TERMINATE THIS AGREEMENT, AND THE LICENSE AND OTHER RIGHTS HEREIN, IMMEDIATELY WITHOUT NOTICE IF YOU BREACH OR FAIL TO COMPLY WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT OR FOR OTHER REASONS AS STATED IN "DISKIFY" OTHER DOCUMENTATION. YOU AGREE THAT, UPON SUCH TERMINATION, YOU WILL CEASE USING THE APPLICATION/SOFTWARE I.E., "DISKIFY".
PRIVACY
YOU AGREE TO "DISKIFY'S" COLLECTION, USE, OR DISCLOSURE AND TRANSFER OF YOUR INFORMATION SUCH AS EMAIL ADDRESS AND IDENTITY PROOF SUBMITTED BY YOU WHILE GOING THROUGH THE INSTALLATION PROCESS, TO PROVIDE ASSISTANCE TO LAW ENFORCEMENT AGENCIES AND OTHER AUTHORITIES OR TO ALLOW "DISKIFY" TO PROTECT ITS CUSTOMERS AND/OR END-USERS' RIGHTS.
UPDATES
"DISKIFY" WILL USE ITS BEST ENDEAVORS TO ENSURE ONGOING DEVELOPMENT IF ANY OF THE APPLICATION/SOFTWARE, INCLUDING CORRECTION OF ERRORS IF ANY AND, AT THE DISCRETION OF "DISKIFY", TO CHANGE THE APPLICATION/SOFTWARE WITH THE AIM OF MAKING THE APPLICATION/SOFTWARE MORE COMPATIBLE.
VALIDITY & INTERPRETAION
IF ANY PROVISION OF THIS EULA AGREEMENT IS HELD ILLEGAL OR UNENFORCEABLE BY ANY COURT OF COMPETENT JURISDICTION, SUCH PROVISION SHALL BE DEEMED SEPARABLE FROM THE REMAINING PROVISIONS OF THIS AGREEMENT AND SHALL NOT DISTRESS OR IMPAIR THE VALIDITY OR ENFORCEABILITY OF THE REMAINING PROVISIONS OF THIS AGREEMENT.
INFRINGMENT OF THIRD-PARTY RIGHTS
"DISKIFY" REPRESENTS AND WARRANTS THAT IT HAS THE RIGHT TO LICENSE THE APPLICATION/SOFTWARE, INCLUDING ANY DOCUMENTATION, TO THE LICENSEE, AND THAT "DISKIFY" HOLDS THE NECESSARY RIGHTS, TITLES, AND LICENSES TO ALLOW THE LICENSEE TO PERFORM ALL THE RIGHTS CONTEMPLATED BY THIS AGREEMENT, AND THAT THE APPLICATION/SOFTWARE DOES NOT INFRINGE ANY THIRD PARTY'S RIGHTS.
FORCE MAJEURE
NEITHER PARTY WILL BE LIABLE FOR ANY DELAY OR FAILURE OF ITS PERFORMANCE UNDER THIS AGREEMENT THAT RESULTS FROM CAUSES BEYOND ITS CONTROL AND NOT REASONABLY FORESEEABLE BY THE AFFECTED PARTY, EACH DESPITE COMMERCIALLY REASONABLE OPERATIONS AND PREPARATIONS.
PUBLICITY REFERENCE
"DISKIFY" MAY INCLUDE THE SUBSCRIBER IN ITS GENERAL LISTING OF SUBSCRIBERS, REFERENCE LISTS, PRESS RELEASES, SUCCESS STORIES, AND OTHER MARKETING MATERIALS.BY USING OR INSTALLING THE "DISKIFY" SOFTWARE/APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (EULA).