O&O DiskImage
End user license agreement

End user license agreement 3.4 (EULA)

O&O Software GmbH

GENERAL and SPECIALIZED SECTION

GENERAL SECTION

IMPORTANT – PLEASE READ CAREFULLY

This End User License Agreement (EULA) is organized into 2 sections: a general part, which is valid for all O&O products, and a specialized part, which includes the particular terms of each corresponding product. By accepting both parts of the license terms they automatically form part of your contract with O&O Software, Am Borsigturm 48, 13507 Berlin. If you have any questions regarding this contract and the license terms, our Service Team is available to help you under info@oo-software.com.

The software product is protected by copyright laws and international copyright contracts as well as other laws and agreements concerning intellectual property.

1. Object and form of delivery

(1) You receive the software covered by the contract in executable form (Binary code) together with the relevant documentation released by O&O according to Section (6).

(2) The software provides the range of functions described in the given documentation. The documentation regarding functionality may be consulted prior to concluding the contract in the Internet presentation on the following site http://www.oo-software.com/ .

(3) Delivery will be made according to the way in which you have purchased the software, either by having a disk directly handed over or sent by mail to an address you have supplied or through the forwarding of license as well as any required download information to a given E-mail address.

(4) If you are currently receiving updates as part of a maintenance agreement, these will continue to be supplied in the same way as the initial software delivery, i.e. for a disk sent by mail, a disk containing the update will be sent to the given address: for electronically delivered keys, a key for downloading updates will be sent to the given E-mail address.

(5) Changes to the delivery or E-mail address can only be taken into consideration when they are supplied in writing or by E-mail to the address or E-mail address indicated on http://www.oo-software.com at least two weeks before delivery of the update.

(6) A printed copy of the documentation will not be included in delivery. The documentation consists primarily of electronic aids.

2. Requirements for application (system requirements)

(1) Installation of the software is not part of the agreement.

(2) Depending on the software, there are certain system requirements that must be met in order to use the software according to the terms of this contract. These will be defined according to each product in the specialized section of this contract.

3. Rights of use, including test versions, unauthorized transfer, and application

(1) O&O grants you, upon payment of the agreed one-time fee, a permanent, spatially unlimited and non-exclusive right to use the software.

(2) Test versions – if you have installed a test version of one of our products taken from the O&O Website http://www.oo-software.com/, the right of use will be, according to the program, for a limited time only and/or technically restricted.

(3) One copy of the software is entitled to be used on a maximum of one (1) output device/workstation simultaneously.

(4) If you want to use the software on more than one output device/workstation, the rights of use must be extended accordingly. To find out which O&O products are also available as volume licenses, please consult (http://www.oo-software.com/). The separate price list concerning O&O Volume Licenses will apply to extending the rights of use without redelivery.

(5) Any use beyond that agreed upon in the contract is one in violation of the contract. In such a case, you are required to report this use that exceeds the rights of use to the supplier without any delay. The parties will then try to bring about an agreement for extending the rights of use. For the duration of the excessive usage, i.e., until the conclusion of such an agreement or the cessation of the excessive usage, you are required to pay compensation for this excessive usage according to the amount indicated in our price lists. The amount of compensation will be calculated on the basis of a four year, straight-line depreciation. If we are not informed of the excessive usage, a contract penalty in the amount three times the price of the usage indicated in the price list will be due O&O.

(6) You are entitled to create a backup copy of the software and to conduct ordinary data backups. The creation of more copies than the amount needed for the backing up of any future usage (including the backup copies and data backups) is not allowed.

(7) Copyrights and other trademarks within the software may not be altered or removed. They must be transferred onto every copy of the software.

(8) Unauthorized transfer – only when you have purchased the software with an accompanying disk are you permitted to transfer it and then, only under the following conditions: a resale of the software is only permitted when it involves an entire software copy, i.e., by surrendering your own usage of the purchased copy, you are entitled to transfer these rights of use of the disk onto a third party according to the terms of the agreement existing between you and O&O. When making such a transfer, you are required to hand over to the third party all materials related to the software that are covered in the contract and to delete the software from any storage volumes (e.g., hard disks) remaining in your possession.

(9) Unauthorized rental and service – The purchase of this contract does not entitle you to any public transfer or rental of the software. You are also not entitled to include the software as part of your providing services for and in the presence of any third parties. You may purchase an appropriate license from O&O for doing this.

4. Payment

(1) The prices are given with the corresponding sales taxes included, unless otherwise indicated.

(2) Test versions – Downloads of test versions offered by O&O are provided free of charge, unless otherwise indicated.

(3) If you receive updates of your programs as part of a Maintenance Agreement, the terms of payment in these contracts will apply to these Maintenance Agreements.

(4) O&O is entitled to forward any data it has received onto third parties requiring it for purposes of collection.

(5) Until payment is made in full, O&O retains possession of all rights, particularly those concerning copyrighted rights of use, on the materials included in this contract. O&O is specifically entitled to cancel a contract, for example, when your payment is delayed, it prohibits the further using of the software and demands the surrendering of all copies or this being impossible, to demand their deletion. Should a third party have access to the object of purchase before payment is completed for the contractual software, you are required to inform this third party about the object being the property of O&O and to inform O&O, in writing, about the third party’s access.

5. Material defect and defect of title

(1) The software package or download you receive is free of any material defect or defect of title.

(2) A material defect exists when the software is unable to be used as described in the documentation appearing on the website http://www.oo-software.com/ and included in delivery or available for dow
nloading.

O&O is constantly checking to make sure that other sources are not misrepresenting the functions and properties of the software as described in the documentation. You can therefore assume that any descriptions beyond those found in the software documentation have not originated with O&O and are also unknown to it. Please inform O& O if you learn of any software descriptions that include functions and properties not mentioned in the documentation.

(3) Please inform O&O if you learn of any software descriptions that include functions and properties not mentioned in the documentation.

(4) Any claims concerning defects of material and/or title related to the software have a limitation period of two years subsequent to delivery of the program or transmission of the serial number needed for downloading. If you are not a private individual, the warranty period is shortened to one year.

If O&O has fraudulently concealed a material defect, a three year limitation period will cover claims related to this defect.

Payment for compensation that you might have been entitled to as a result of cancelation or an abatement can be refused upon expiration of the limitation period.

(5) You are required to inform O&O, in writing if possible, of any defects that arise immediately upon their discovery. While doing so you should also describe, as well as possible, how the defect is communicated, the effect it has on the program, and under which circumstances it occurs.

(6) Should defects be reported to O&O within the limitation period, it will undertake a cure free of charge.

(7) As part of the cure, the corrected software will be redelivered as agreed. An on-site analysis and correction of the error on your system will not take place.

O&O assumes the ensuing expenses for the cure, in particular the costs for transport, labor, and material. You are personally responsible for installation. O&O specifically does not assume on-site installation as part of its obligation with regard to defects of material or title.

Should a change of the program be required as part of the cure, O&O will make the necessary changes in the documentation without any charges.

(8) After the unsuccessful expiration of a deadline you set for cure, you can cancel the contract or reduce the purchase price and demand compensation instead of service or the replacement of any futile expenditures.

(9) A deadline is not required when

a) O&O refuses both kinds of cure, even if it is entitled to do so as a result of the arising expenses or

b) the cure is impossible or

c) the cure is unacceptable to you or

d) the cure is unsuccessful.

A subsequent improvement is considered a failure after the second unsuccessful attempt unless there is something particular about the type of software or the defect itself or the surrounding circumstances that would indicate otherwise.

(10) You are not entitled to cancel the contract if the defect is negligible, nor may you, in this event, demand compensation instead of full service.

(11) In the event of cancellation, compensation is due for any uses made. The compensation for use will be based on a four year, straight-line depreciation of the purchase price.

(12) As a result of the abatement, the purchase price will be reduced by the amount which is calculated for deducting the defect from the value of the software. The standard used will be its value at the time the contract was concluded. The amount, when necessary, is to be calculated by estimation. As a result of this reduction, any amount larger than that paid for the reduced purchase price will be refunded.

(13) If it turns out that a reported problem did not arise as a result of a defect in the software, O&O is entitled to invoice you, according to the amount charged in its price lists for such services, the expenses for analysis and correction of the problem if you can be accused of malice or gross negligence.

(14) The seller’s warranty is canceled when changes are made on the software without expressed written consent or when the software is not used as intended or used in an improper software environment, unless you can prove that these facts had nothing to do with the problems that occurred.

6. Limitation of compensation

(1) O&O is liable for compensation for every legal ground to the extent described in the following provisions.

(2) The extent of liability of O&O for damages caused by malice or gross negligence arising from O&O itself or one of its vicarious or legal agents is unlimited.

(3) There is no limit to the extent of liability of O&O or any of its legal or vicarious agents for damages involving injury to life, physical well-being or health, or for simple breach of duty.

(4) There is unlimited liability for damages caused by serious organizational fault on the part of O&O as well as for damages arising from a missing guaranteed characteristic.

(5) For the breach of an essential contractual duty, O&O is liable for damages normally foreseen in a contract when none of the instances in provisions (2) – (4) applies.

(6) Any further liability for compensation is excluded, specifically excluded is liability without fault.

(7) Liability as defined by the product liability law remains untouched.

(8) If damage can be traced to have arisen through a fault on the part of O&O as well as on the part of yourself, you must have your share of the fault evaluated.

You are responsible for making a standard backup of your data at least once a day. For data loss caused by O&O, O&O is only liable for the expense of duplicating the data on your backup copies that need to be created and for the restoration of data which would have also been lost during a standard backup procedure.

7. Final provisions

(1) You may only balance claims from O&O with indisputable or legally valid claims.

(2) Changes and amendments to this contract must be made in writing. This also applies to changes to this provision.

(3) The contract is subject to German law. The uniform UN purchasing law (CISG) as well as the UNIDROIT Factoring Agreement of Ottawa do not apply.

(4) Any general terms and conditions on your part will not be applied.

(5) In the event you are not a private individual or a resident of the Federal Republic of Germany, we agree that the district court in Berlin will be the competent court for litigation arising from this contract.

8. Contact

If you have any questions concerning the O&O Software License Agreement or wish to speak with O&O, please get in touch with us.

O&O Software GmbH, Am Borsigturm 48, 13507 Berlin, Germany.

Telephone: +49 (0)30 4303 4303, Fax: +49 (0)30 4303 4399

E-Mail info@oo-software.com / sales@oo-software.com, Web www.oo-software.com

SPECIALIZED SECTION

O&O BlueCon

Important note on the Windows PE Start CD

The Microsoft® Windows® Preinstallation Environment software included with this device or software may be used for boot, diagnostic, setup, restoration, installation, configuration, test or disaster recovery purposes only.

NOTE: THIS SOFTWARE CONTAINS A SECURITY FEATURE THAT WILL CAUSE END USER’S SYSTEM TO REBOOT WITHOUT PRIOR NOTIFICATION TO THE END USER AFTER 72 HOURS OF CONTINUOUS USE.

Amendment to: 2. Requirements for application (system requirements)

The product at hand can only be employed according to the acquired license. The following license types exist for O&O BlueCon:

O&O BlueCon Admin Edition

You are authorized to install and use the software product on all computers a) in the possession of the company (legal person or natural person(s) in the case of corporations) owning the license and b) all located at a single site. This license is bound to a single natural person and is non-transferable.

O&O BlueCon Tech Edition

You are authorized to install and use the software product on all computers. This includes computers that do not belong to the company owning the license (also known as Service Technician’s License). This license is bound to a single natural person and is non-transferable.

O&O BuildPE

Amendment to: 2. Requirements for application (system requirements)

The software requires Windows Vista (all Editions) or Windows Server 2008 (all Editions), Windows 7 (all Editions) or Windows Server 2008 R2 (all Editions) operating systems. Usage within the terms of this contract is not achieved without the application of these operating systems.

O&O CleverCache

Amendment to: 2. Requirements for application (system requirements)

O&O CleverCache Professional Edition

O&O CleverCache Server Edition

O&O Defrag

Amendment to: 2. Requirements for application (system requirements)

O&O Defrag Professional Edition

The software requires Windows XP (all Editions), Windows Vista (all Editions) or Windows 7 (all Editions) operating systems. Usage within the terms of this contract is not achieved without the application of these operating systems. Control of the program through a network management is not possible.

O&O Defrag Workstation Edition

The software requires the Windows XP (all Editions), Windows Vista (all Editions) or Windows 7 (all editions) operating systems. Usage within the terms of this contract is not achieved without the application of these operating systems. The O&O Defrag Workstation Edition may be used on computers with or without the user interface. You are entitled to control this program over the separately obtainable network manager.

O&O Defrag Server Edition

The software requires Windows Server 2003 (all Editions), Windows XP (all Editions), Windows Vista (all Editions), Windows Server 2008 (all Editions), Windows 7 (all Editions) or Windows Server 2008 R2 (all Editions) operating systems. Usage within the terms of this contract is not achieved without the application of these operating systems. The O&O Defrag Server Edition may be used on computers with or without the user interface. You are entitled to control this program over the separately obtainable network manager.

O&O Defrag Virtual Machine Edition

The O&O Defrag Workstation Edition may be used on computers with or without the user interface. You must own a minimum of one Server Edition to use a Virtual Machine Edition.

O&O DiskImage

Important note on the Windows PE Start CD

This note is only valid for the O&O DiskImage Professional and the Server Edition Start CD. The Microsoft® Windows™ Preinstallation Environment (Windows PE) is not a part of O&O DiskImage Express, Special and the Workstation Edition!

NOTE: THIS SOFTWARE CONTAINS A SECURITY FEATURE THAT WILL CAUSE END USER’S SYSTEM TO REBOOT WITHOUT PRIOR NOTIFICATION TO THE END USER AFTER 72 HOURS OF CONTINUOUS USE.

Amendment to: 2. Requirements for application (system requirements)

The O&O DiskImage Express Edition

O&O DiskImage Professional Edition and Special Edition

O&O DiskImage Workstation Edition

The software requires the Windows XP (all Editions), Windows Vista (all Editions) or Windows 7 (all editions) operating systems. Usage within the terms of this contract is not achieved without the application of these operating systems. The O&O DiskImage Workstation Edition may be used on computers with or without the user interface. You are entitled to control this program over the separately obtainable network manager.

O&O DiskImage Server Edition

The software requires Windows Server 2003 (all Editions), Windows XP (all Editions), Windows Vista (all Editions), Windows Server 2008 (all Editions), Windows 7 (all Editions) or Windows Server 2008 R2 (all Editions), operating systems. Usage within the terms of this contract is not achieved without the application of these operating systems. The O&O DiskImage Server Edition may be used on computers with or without the user interface. You are entitled to control this program over the separately obtainable network manager.

O&O DiskImage Virtual Machine Edition

The O&O Defrag Workstation Edition may be used on computers with or without the user interface. You must own a minimum of one Server Edition to use a Virtual Machine Edition.

Amendment to: 3. Rights of use, including test versions, unauthorized transfer, and application

Creation and restoration of images

The source computer and each target computer are required to hold licenses, to create and restore images using O&O DiskImage. One license is sufficient under the previously mentioned terms, if the source and the target computer is one non-virtual workstation. Each virtual machine is seen as an independent computer; in other words, each virtual machine needs its own license.

O&O DiskRecovery

Amendment to: 2. Requirements for application (system requirements)

The product at hand can only be employed according to the acquired license. The following license types exist for O&O DiskRecovery:

O&O DiskRecovery Professional Edition

You are authorized to install and use the software product on only one computer. This should be used wholly in conjunction with all hardware in your possession, i.e. this license may not be used to provide a service to a third party. Other limitations may apply in the software itself. Please consult the software documentation for more information on these limitations.

O&O DiskRecovery Admin Edition

You are authorized to install and use the software product on all computers

a) in the possession of the company (legal person or natural person(s) in the case of corporations) owning the license and b) all located at a single site. This should be used wholly in conjunction with all hardware in your possession, i.e. this license may not be used to provide a service to a third party. This license is bound to a single natural person and is non-transferable.

O&O DiskRecovery Tech Edition

O&O DiskStat

Amendment to: 2. Requirements for application (system requirements)

O&O DiskStat Professional Edition

O&O DiskStat Workstation Edition

The software requires Windows 2000 Professional or Windows XP (all Editions) Windows Vista (all Editions) or Windows 7 (all Editions) operating systems. Usage within the terms of this contract is not achieved without the application of these operating systems. The O&O DiskStat Workstation Edition may be used on computers with or without the user interface. You are entitled to control this program over the separately obtainable network manager.

O&O DiskStat Server Edition

O&O DiskStat Virtual Machine Edition

The O&O Defrag Workstation Edition may be used on computers with or without the user interface. You must own a minimum of one Server Edition to use a Virtual Machine Edition.

O&O DriveLED

Amendment to: 2. Requirements for application (system requirements)

O&O DriveLED Professional Edition

O&O DriveLED Workstation Edition

The software requires Windows XP (all Editions), Windows Vista (all Editions) or Windows 7 (all Editions) operating systems. Usage within the terms of this contract is not achieved without the application of these operating systems. The O&O DriveLED Workstation Edition may be used on computers with or without the user interface. You are entitled to control this program over the separately obtainable network manager.

O&O DriveLED Server Edition

The software requires Windows 2000 (all Editions), Windows Server 2003 (all Editions), Windows XP (all Editions), Windows Vista (all Editions), Windows Server 2008 (all Editions), Windows 7 (all Editions) or Windows Server 2008 R2 (all Editions) operating systems. Usage within the terms of this contract is not achieved without the application of these operating systems. The O&O DriveLED Server Edition may be used on computers with or without the user interface. You are entitled to control this program over the separately obtainable network manager.

O&O DriveLED Virtual Machine Edition

The O&O Defrag Workstation Edition may be used on computers with or without the user interface. You must own a minimum of one Server Edition to use a Virtual Machine Edition.

O&O Enterprise Management Console

Important note on the Microsoft SQL Server

This product uses the Microsoft SQL Server or Microsoft SQL Server Express Edition. To the extent that these programs are part of the installation of this product, the terms of their licensing related to the use of this software will also apply to the terms of this agreement.

The use of Microsoft SQL Server Express Edition is free of charge in conjunction with this product. The purchase of licenses for O&O Enterprise Management Console and related products is separate from any possible purchase of SQL Server products.

Amendment to: 2. Requirements for application (system requirements)

O&O EventViewer

Amendment to: 2. Requirements for application (system requirements)

O&O EventViewer Workstation Edition

The software requires Windows 2000 Professional or Windows XP (all Editions) Windows Vista (all Editions) or Windows 7 (all Editions) operating systems. Usage within the terms of this contract is not achieved without the application of these operating systems. The O&O EventViewer Workstation Edition may be used on computers with or without the user interface. You are entitled to control this program over the separately obtainable network manager.

O&O EventViewer Server Edition

O&O EventViewer Virtual Machine Edition

The O&O Defrag Workstation Edition may be used on computers with or without the user interface. You must own a minimum of one Server Edition to use a Virtual Machine Edition.

O&O ISOBoot

Important note for working with O&O ISOBoot

The program overwrites the target data volume (these include among other things rewritable CDs or USB sticks). Please make sure that no data you need is left on the target data volume. Overw
riting data cannot be reversed!

O&O formally declares that it is not responsible for damages arising from the improper use of O&O ISOBoot.

Amendment to: 2. Requirements for application (system requirements)

The software requires the Windows 2000 (all Editions), Windows Server 2003 (all Editions), Windows XP (all Editions), Windows Vista (all Editions), Windows 7 (all Editions) or Windows Server 2008 (all Editions) operating systems. Application within the terms of this contract is not achieved without the use of one of these operating systems.

Amendment to: 4. Payment

O&O demands no fee for the use of this license In addition, a fee for this license and this program may not be demanded by any Third Parties, unless this is done with the expressed approval of O&O. When in doubt, please get in touch with us. You can find our contact data at the end of this license agreement.

O&O MediaRecovery

Amendment to: 2. Requirements for application (system requirements)

O&O PartitionManager

Important note on the Windows PE Start CD

NOTE: THIS SOFTWARE CONTAINS A SECURITY FEATURE THAT WILL CAUSE END USER’S SYSTEM TO REBOOT WITHOUT PRIOR NOTIFICATION TO THE END USER AFTER 72 HOURS OF CONTINUOUS USE.

Amendment to: 2. Requirements for application (system requirements)

O&O PartitionManager Professional Edition

O&O PartitionManager Server Edition

O&O RegEditor

Important note for working with the Microsoft Windows Registry

Before making changes to the Microsoft Windows Registry (in the following Registry), you should prepare a backup copy of the Registry and ensure that you’ll be able to restore the Registry if a problem should arise.

O&O formally declares that it is not responsible for damages arising from the improper use of O&O RegEdit. Changes to the Registry should only be made by experienced users who are aware of the consequences of such changes. A defective Registry can influence the entire stability of the system and lead to a crash of the computer or make it unable to start. This can further lead to loss of data.

Amendment to: 2. Requirements for application (system requirements)

The software requires Windows 2000 (all Editions), Windows Server 2003 (all Editions), Windows XP (all Editions), Windows Vista (all Editions) or Windows Server 2008 (all Editions) operating systems. Application within the terms of this contract is not achieved without the use of one of these operating systems.

Amendment to: 4. Payment

O&O demands no fee for the use of O&O RegEditor. In addition, a fee for this license and this program may not be demanded by any Third Parties, unless this is done with the expressed approval of O&O. When in doubt, please get in touch with us. You can find our contact data at the end of this license agreement.

O&O RescueBox

Important note on the Windows PE Start CD

NOTE: THIS SOFTWARE CONTAINS A SECURITY FEATURE THAT WILL CAUSE END USER’S SYSTEM TO REBOOT WITHOUT PRIOR NOTIFICATION TO THE END USER AFTER 72 HOURS OF CONTINUOUS USE.

Amendment to: 2. Requirements for application (system requirements)

The product at hand can only be employed according to the acquired license. The following license types exist for O&O RescueBox:

O&O RescueBox Personal Edition

O&O SafeErase

Amendment to: 2. Requirements for application (system requirements)

O&O SafeErase Professional Edition

O&O SafeErase Workstation Edition

O&O SafeErase Server Edition

O&O SSD Migration Kit

Amendment to: 2. Requirements for application (system requirements)

O&O UnErase

Amendment to: 2. Requirements for application (system requirements)

O&O DiskImage

End user license agreement 3.4 (EULA)

End user license agreement

O&O DiskImage > End user license agreement

O&O DiskImage