EULA last updated January 11, 2022
The 508 Software LLC End User License Agreement (the “EULA”) is a legal agreement between You (either an individual or an entity, the “Licensee” or “You” and for purposes hereof, “You” shall include the individual person installing or using the Product on his or her own behalf), and 508 Software LLC, a State of Georgia limited liability company (“508 Software”). The EULA governs Your relationship with 508 Software regarding any 508 Software applications (apps), including Disk Drill®, CleverFiles®, content, features, and functionalities, and any other downloads, installations, products, and software (“Services”) that You access, use, or take advantage of (“Use(ing)”) through the 508 Software or CleverFiles website and any other 508 Software-owned websites (“Website(s)”). The Services also include all 508 Software resources or media, including without limitation (i) any of the application programming interfaces offered by 508 Software in connection with the Services (collectively, the “API”); (ii) all of the contents of the electronic files and/or data in any media relating to the Services (the “Software”), and (iii) all successor upgrades, revisions, patches, enhancements, fixes modifications, copies, additions or maintenance releases of the Software, if any, including new builds of the same version or release, licensed to You by 508 Software (collectively, the “Updates”), provided that the Updates shall not include new subsequent releases of the Software bearing a new first numeral (e.g. from 3.0 to 4.0) (“New Releases”), outlined in Section 5 herein, and (iv) related user documentation and explanatory materials or files provided in written, “online” or electronic form (the “Documentation” and together with the Website(s), API, Services and Software, the “Product”).
NOTICE: If and as applicable, components of 508 Software’s Software may be subject to licenses from third parties, including open-source communities that govern the use of those components (“Third-Party Licenses”), as outlined in Section 4.4 hereof. Any licenses granted by 508 Software do not alter the rights and obligations You may have under such Third-Party Licenses. 508 Software provides in Exhibit A copies of applicable terms and restrictions of applicable Third-Party Licenses. All Third-Party licensors and their respective suppliers retain all right, title, and interest in and to their respective software and all copies thereof, including all copyright and intellectual property rights with respect thereto. All rights reserved.
You are subject to the terms and conditions of this End User License Agreement whether You access or obtain the Product directly from 508 Software, or through any other source.
By accessing, downloading, storing, loading, installing, executing, displaying, and copying the Product into the memory of a computer or otherwise benefiting from using the functionality of the Product in accordance with the Documentation (“Operate(ing)”), You agree to be bound by the terms of this EULA. If You do not agree to the terms and conditions of this EULA, 508 Software will not license the Product to You. In such event, You may not Operate or Use the Product in any way.
Before You click on the “I AGREE WITH TERMS AND CONDITIONS OF THIS EULA,” button carefully read the terms and conditions of this EULA. Your click of the “I AGREE WITH TERMS AND CONDITIONS OF THIS EULA” button is a symbol of Your signature and by clicking on the “I AGREE WITH TERMS AND CONDITIONS OF THIS EULA” button, You are consenting to be bound by and become a party to this EULA and agreeing that this EULA is enforceable like any written negotiated agreement signed by You. If You do not agree to all of the terms of this EULA, click the “I DO NOT AGREE” button and the Product will not be installed on Your computer. This Product will not install on any computers, workstations, personal digital assistants, smart phones, mobile phones, hand-held devices, or other electronic devices for which the Product was designed (each a “Client Device”) unless or until You accept the terms of this EULA. You may also receive a copy of this EULA by contacting 508 Software or downloading it from one of 508 Software’s Websites.
1. Description of the Services.
1.1. Services Provided. Based on the Product functionality, 508 Software allows You to Use and Operate numerous Services relating to computers, mobile devices, and Software, such as Disk Drill, which provides recovery capabilities for files on Mac and Windows devices.
1.2. User Experience. 508 Software does not tolerate any form of sexual harassment or bullying. 508 Software does not tolerate content that is hate speech, threatening, or pornographic, as further detailed in the Terms of Service.
1.3. Content. For purposes of this EULA, the term “Content” includes, without limitation, information, data, text, photographs, videos, GIFs, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Product, including all User Content (as defined below).
1.4. User Content. All Content added, uploaded, submitted, distributed, posted to, or created using the Product by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person (natural person or entity) who originated such User Content. You represent that all User Content provided by You is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. Without limiting the generality of the foregoing, You represent that any User Content You create using tools accessible on the Product does not infringe upon the intellectual property rights of any third party and is otherwise in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by You using the Product is at Your own risk and You will be solely responsible for any damage or loss to You or any other party resulting therefrom. 508 Software does not guarantee that any Content You access on or through the Product is or will continue to be accurate. You are solely responsible for Your interaction with other users of the Product. You agree that 508 Software is not responsible or liable for the conduct of any user. 508 Software reserves the right, but has no obligation, to monitor or become involved in disputes between You and other users.
2. Proprietary Rights and Non-Disclosure.
2.1. Ownership Rights. You agree that the Product and the authorship, systems, ideas, methods of operation, documentation and other information contained in the Product, are proprietary intellectual properties and/or the valuable trade secrets of 508 Software or its suppliers and/or its authorized affiliates (collectively, the “Licensors”) and are protected by civil and criminal law, including copyright, trade secret, trademark and patent laws of the United States, other countries and international treaties. You may use trademarks only insofar as to identify printed output produced by the Product in accordance with accepted trademark practice, including identification of a trademark owner’s name(s). Such use of any trademark does not give You any rights of ownership or use in that trademark. The Licensors own and retain all right, title, and interest in and to the Product, including without limitations any error corrections, enhancements or other modifications to the Product, whether made by 508 Software or any third party, and all copyrights, patents, trade secret rights, trademarks, and other intellectual property rights therein. Your possession, installation or Use of the Product does not transfer to You any title to the intellectual property in the Product, and You will not acquire any rights to the Product except as expressly set forth in this EULA. All copies of the Product made hereunder must contain the same proprietary notices that appear on and in the Product. Except as stated herein, this EULA does not grant You any intellectual property rights in the Product and You acknowledge that the License, as further defined herein, granted under this EULA only provides You with a right of limited Use under the terms and conditions of this EULA. 508 Software reserves all rights not expressly granted to You in this EULA.
2.2. Source Code. You acknowledge that the source code for the Product is proprietary to 508 Software and constitutes a trade secret of 508 Software. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Product in any way, nor allow, assist or solicit any third party to attempt or do the same.
2.3. Confidential Information. You agree that, unless otherwise specifically provided herein, the Product, including the specific design and structure of individual programs, constitute confidential proprietary information of the Licensors. You agree not to transfer, copy, disclose, provide or otherwise make available such confidential information in any form to any third party. You agree to implement reasonable security measures to protect such confidential information, provided, however, that You may make and distribute unlimited copies of the Product subject to the Basic License per Section 4.2 below, in object code so long as (i) each copy that You make and distribute contains this EULA subject to end user’s acceptance before the first Use, and (ii) the same copyright and other proprietary notices of the Product that appear in the Product will also be included in full in each and every copy You make available. If You download the Product from the Internet or similar on-line source, You must include the copyright notices resident on the Product with any on-line distribution and on any media You distribute that includes the Product.
2.4. No Modification. Other than modifying User Content as provided herein, You agree not to modify or alter the Product in any way. You may not remove or alter any copyright notices or other proprietary notices on any copies of the Product.
2.5. Prohibited Uses. You agree that You will not:
a). Engage in any act that 508 Software deems in its reasonable discretion to be in conflict with the spirit or intended Use of the Product and Services;
b). Make improper Use of 508 Software’s Product;
c). Use the Product, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
d). Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial-of-service (DoS) attacks upon the Product or Website, or other attempts to disrupt any 508 Software Services;
e). Make available through the Products any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonate the same, including without limitation a 508 Software employee;
f). Use, facilitate, create, or maintain any unauthorized connection with the Product, including without limitation (i) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Product, or (ii) any connection using programs, tools, or software not expressly approved by 508 Software;
g). Bundle the Product in whole or in part with any other products, applications or extensions without 508 Software’s prior explicit written approval; and
h). Distribute or otherwise disseminate the Product in whole or in part apart from its installer application.
2.6. Information Relating to Children. The Children’s Online Privacy Protection Act (COPPA) was passed by the U.S. Congress in November 1998. COPPA provides parents with specific rights regarding their children’s privacy. For additional information and resources on COPPA, please visit the Federal Trade Commission (FTC) website. The 508 Software Website and any Product available thereon is not directed at children under 13 years of age and, therefore, COPPA does not apply. However, 508 Software recognizes that children under the age of 13 may potentially access the Website and/or the Product, or generally download Software. Parents and Legal Guardians may request 508 Software to review, delete or stop the collection of any personally identifiable information of their child(ren). You may do so by contacting 508 Software as provided at the end of this EULA.
3. Third-Party Application Distribution Platforms.
3.1. You acknowledge and agree that this EULA is between only You and 508 Software, and not Apple, Inc. via the Apple App Store (the “Apple App Store”), Google LLC via Google Play (“Google Play”), or any other digital distribution platform for software applications (apps) (collectively referred to as “Third-Party App Store(s)”). Should any 508 Software Product be available through any Third-Party App Store, 508 Software and this EULA will remain solely responsible for all versions of the Product. Your Use of a Third-Party App Store’s version(s) of the Product must comply with the applicable terms and condition of that platform in addition to this EULA.
3.2. You acknowledge that Third-Party App Stores have no obligation whatsoever to furnish any maintenance and support services with respect to the Product.
3.3. In the event of any failure of the Third-Party App Store’s version of the Product to conform to any applicable warranty, You should notify the applicable platform (i.e., the Apple App Store, Google Play, etc.) regarding any refund requests You may have. Be aware that Third-Party App Stores may have no warranty obligations whatsoever with respect to their version(s) of the Product.
3.4. You and 508 Software acknowledge that, as between 508 Software and Third-Party App Stores, said platforms are not responsible for addressing any claims You may have or of any third party relating to the Third-Party App Store’s version(s) of the Product, including, but not limited to: (i) product liability claims; (ii) any claim that the Third-Party App Store’s version(s) of the Product fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
3.5. You and 508 Software acknowledge and agree that any Third-Party App Store (such as the Apple App Store and Google Play) is a third-party beneficiary of this EULA as related to Your license of the Third-Party App Store’s version(s) of the Product. Upon Your acceptance of the terms and conditions of this EULA, any Third-Party App Store will have the right (and will be deemed to have accepted the right) to enforce this EULA as related to Your license of said platform’s version(s) of the Product against You as a third-party beneficiary thereof.
3.6. Without limiting any other terms of this EULA, You must comply with all applicable Third-Party App Store terms and conditions when Using said platform’s version(s) of the Product.
4. Grant of License.
4.1. Use License. 508 Software grants You a personal and/or commercial, as applicable pursuant to the applicable License Type as further detailed in Section 4.2 hereof, worldwide, revocable, non-assignable, non-exclusive and non-transferable license to store, load, install, execute, and display (i.e., to Use) the Product as described in detail in Section 4.2 and at our Website (the “License”), and You hereby agree and accept such License. For purposes hereof, “Personal Use” shall mean personal, non-commercial Use and excludes any commercial purposes whatsoever (unless otherwise permitted in Section 4, hereof), which include without limitation: advertising, marketing, and promotional materials/services on behalf of an actual client, employer, employee or for Your own benefit, any products that are commercially distributed, whether or not for a fee, any materials or services for sale or for which fees or charges are paid.
4.2. License Type. The rights granted to You and Your obligations under the License shall be subject to the terms of the specific License Type purchased by You, as further detailed below:
a). Basic. The Basic Version is free to download and Use in order to see if Your files are recoverable with either Standard PRO or Enterprise versions, to aid in backups of files, disk health monitoring, and data protection. The Basic License is free of charge; however, the Basic License comes with abridged functionalities compared to the Standard PRO and Enterprise Licenses.
b). Standard PRO. The PRO Version of the Product may be activated, Operated, and Used with a single activation code on up to three (3) Client Devices (subject to System Requirements) for Personal Use only and may not be used for any commercial purposes (“Standard PRO License”). The Standard PRO License allows You to install the Product only on the Client Devices that You own and can only be Used to recover data from said Client Devices (i.e. hard drives and other media) that belong to You.
c). Enterprise. The Enterprise Version of the Product may be activated, Operated, and Used with a single activation code on up to ten (10) Client Devices for any commercial purposes (“Enterprise License”). The Enterprise Version of the Product may offer additional functionality as compared to other License Types.
d). Educational/Non-Profit. The Educational/Non-Profit License may vary per institution or organization; however, 508 Software may offer discounts relating to Licenses for education/non-profit purposes. For more information on the Educational/Non-Profit License and any discounts please contact 508 Software as provided at the end of this EULA or the Terms of Service.
4.3. Restrictions. Your License to Use 508 Software Products may only be Used by You. You may not lease, lend, rent, sub-license, or transfer any of Your rights to Use the Products.
4.4. Third-party Licenses. Third-party licenses that may be provided along with the License granted by 508 Software are independent of Your License to Use the 508 Software Website and Products. Licensee shall abide by all terms and restrictions, if and as applicable to any Third-Party Licenses as provided in Exhibit A, herein.
5. Update and New Release Policy.
5.1. General. During the Term of this EULA, You may receive automatic Updates to the Product from time to time. However, this EULA does not obligate 508 Software to provide any Updates. Notwithstanding the foregoing, any Updates that You may receive will become a part of the Product and be governed by the terms of this EULA (unless this EULA is superseded by specific terms or conditions accompanying such Update or modified version of the Product).
5.2. Minor Product Updates. All Product updates within the version purchased are generally free, for example, if You purchased a Product version 2.4, all updates within the 2.X product line are free, i.e., versions 2.5 and 2.6. Product updates are typically added in order to protect You and the Products against new-found security risks, introduce new minor features, improve functionality, performance or speed, improve productivity, or fix bugs.
5.3. Major Product Upgrades. If and as applicable, unless You have subscribed for a Lifetime Upgrade Package (as outlined in Section 5.4, below), each major Product upgrade or New Release typically must be purchased. For example, a Product upgrade will change the leftmost number of the Product’s version number, i.e., version 2.6 will become version 3.0. A major Product upgrade usually offers significant changes, new features, and/or major improvements to the current version and functionality of the Product version, which is why these upgrades typically must be purchased. Product upgrade costs may vary between Products and License types.
5.4. Lifetime Upgrade Packages. If and as applicable, 508 Software may offer for purchase with the License to the Products a lifetime upgrade option, package, or similar service (“Lifetime Upgrade Package(s)”). A Lifetime Upgrade Package should ensure that Your License will be updated or upgraded automatically (or at least at no extra charge) for the Product under the same License You previously purchased hereunder, provided, however, that Lifetime Upgrade Packages do not include free updates or upgrades to New Releases, or any new product or service of 508 Software, and further provided that the determination as to what constitutes a New Release or new product shall be made in 508 Software’s sole discretion. A Lifetime Upgrade Package is not a subscription plan but is a one-time purchase that should allow You to have the most up-to-date version of applicable Licenses and Products.
5.5. Original Activation Code. You should be able to retain Your original activation code to initiate all future upgrades; or, 508 Software can recover the activation code, License or order ID if You provide the email address, purchase date, and/or basic personal details associated with the information requested.
6. Refund Policy.
6.1. No Refunds. Because of the nature of 508 Software’s Products, all purchases and sales are FINAL. However, 508 Software reserves the right to address each refund request on a case-by-case basis and in its sole discretion. If You are seeking a refund because of a Product malfunction, bug, or similar concern, please contact 508 Software as outlined at the end of this EULA or in the Terms of Service.
6.2. Preview of Files. As outlined in Section 3.2 of the Terms of Service, before You purchase Disk Drill PRO or Disk Drill Enterprise You should first follow the Preview Process. If Your file(s) is not fully previewable, the file(s) may still be recovered, however, CleverFiles cannot guarantee recovery as the failure to preview may be due to an internal file error, fragmentation, data overwriting, encryption, file system peculiarities, or limitations of Your operating system itself. In this case, 508 Software suggests that You should contact 508 Software to learn of possible risks of failure to recover and information on how recovery chances can be increased. In the unlikely cases when Your file(s) was fully previewable yet You still were unable to recover it, please contact 508 Software for assistance, as outlined in at the end of this EULA or in the Terms of Service.
6.3. Estimated Recovery Chances. If your copy of 508 Software’s Products is equipped with the functionality to predict and calculate the recovery chances for certain types of files, please, follow the guidelines in the Product Documentation (User Guide), this EULA, and 508 Software’s website. The recovery chances estimation equips users with more tools to determine whether their data is recoverable, and helps with sorting through all potentially recoverable data pieces faster. These estimations of recovery chances for specific files are in no way guaranteed, and are just estimations. 508 Software’s Refund Policy still prevails, and according to Section 6.2 above, the only reliable method of verifying the recoverability of one’s data is ensuring the perfect preview of the data listed by 508 Software’s Products as recoverable.
6.4. European Union (EU) Residents. Because of the nature of 508 Software’s Products, if You are an EU resident, upon purchase of any 508 Software Product You will lose Your right of withdrawal under the Consumer Rights Directive (“CRD”) 2011/83/EU of the European Parliament and of the Council of 25 October 2011. Your loss of the right of withdrawal is based upon CRD Article 16(m), which omits the purchase of “digital content” (e.g., downloaded software) from the right of withdrawal. Upon purchasing 508 Software Product, You expressly CONSENT to the performance of the purchase contract and ACKNOWLEDGE that You will lose the right of withdrawal. In such a case, effectively, 508 Software offers NO REFUNDS to EU residents pursuant to the CRD.
6.5. Legal Purpose. You agree to Use the Product or any services provided hereunder only for purposes permitted by the EULA and applicable Terms of Service as well as any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. 508 SOFTWARE IS NOT RESPONSIBLE FOR ANY VIOLATION OF APPLICABLE LAWS, RULES, OR REGULATIONS COMMITTED BY YOU OR A THIRD PARTY AT YOUR BEHEST. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR USE OF THE 508 SOFTWARE PRODUCT AND ANY SERVICES PROVIDED THEREUNDER DOES NOT CONTRAVENE APPLICABLE LAWS, RULES, OR REGULATIONS.
6.6. Term and Termination. The term of this EULA (“Term”) shall begin when You download or install the Product (whichever is earlier) and shall continue, unless otherwise terminated pursuant hereto, in perpetuity or for the term specified in the License granted hereunder. 508 Software may terminate this EULA by offering You a superseding EULA for the Product or any replacement or modified version of the Product and conditioning Your continued use of the Product or such replacement, modified or upgraded version, or New Release on Your acceptance of such superseding EULA. This EULA may be also terminated by 508 Software immediately and without notice if You fail to comply with any of Your obligations or the conditions under this EULA. In the event You violate any provision contained in this EULA, a user has the option to flag/report to 508 Software such violation. 508 Software, in its sole discretion terminate Your 508 Software User Account (as defined in the Terms of Service) or terminate Your Services. 508 Software reserves the right to modify or terminate the Service or Your access to the Service for any reason, without notice, at any time, and without liability to You should You fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this EULA, You must immediately cease Use of the Product and destroy all copies of the Product.
6.7. No Rights Upon Termination. Upon termination of this EULA You will no longer be authorized to Operate or Use the Product in any way.
6.8. Material Terms and Conditions. Without limiting Section 6.5 hereof, You specifically agree that each of the terms and conditions of this Section 6 are material and that failure of You to comply with these terms and conditions shall constitute sufficient cause for 508 Software to immediately terminate this EULA and the License granted under this EULA. The presence of this Section 6.7 shall not be relevant in determining the materiality of any other provision or breach of this EULA by either party hereto.
7.1. No Transfers. Under no circumstances shall You sell, loan, rent, lease, loan, license, sublicense, publish, display, distribute, or otherwise transfer to a third party the Product, any copy or Use thereof, in whole or in part, without 508 Software’s prior written consent, provided that if such non-waivable right is specifically granted to You under applicable law in Your jurisdiction You may transfer Your rights under this EULA permanently to another natural person or legal entity, provided that (i) You also transfer this EULA, the Product, all accompanying printed materials, and all other software or hardware bundled or pre-installed with the Product, including all copies and prior versions, to such person or entity; (ii) retain no copies, including backups and copies stored on a Client Device; and (iii) the receiving party accepts the terms and conditions of this EULA and any other terms and conditions upon which You legally purchased a license to the Product. In no case may You permit third parties to benefit from the Use or functionality of the Product via a timesharing, service bureau or other arrangement, unless specifically allowed for in this EULA or by 508 Software in writing.
7.2. Prohibitions. Except as otherwise specifically provided for in this EULA, You may not Use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or otherwise reduce any part of the Product to human readable form or transfer the licensed Product, or any subset of the licensed Product, nor permit any third party to do so, except to the extent the foregoing restriction is expressly prohibited by applicable law. You may not modify, or create derivative works based upon the Product in whole or in part. Any such unauthorized Use shall result in immediate and automatic termination of this EULA and the License granted hereunder and may result in criminal and/or civil prosecution. Neither Product’s binary code nor source code may be Used or reverse engineered to re-create the program algorithm, which is proprietary, without written permission of 508 Software. All rights not expressly granted to You herein are reserved by the Licensors.
7.3. Proprietary Notices and Copies. You may not remove any proprietary notices or labels on the Product. You may not copy the Product except as expressly permitted in Section 4, above.
7.4. No Transfer of Rights. Except as otherwise specifically provided herein, You may not transfer or assign any of the rights granted to You under this EULA or any of Your obligations pursuant hereto.
7.5. Warranty; Compliance with Law. You agree that in Operating and Using the Product, You will comply with all applicable international, national, state, regional and local laws and regulations, including, without limitation, privacy, copyright, export control and obscenity law, as well as such laws and regulations in the jurisdictions in which 508 Software is located or operates. You further agree and warrant that You are not or will be at any time in the future (i) located or reside in a country embargoed by the United States; (ii) the target of any sanctions program that is established by Executive Order of the President or published by the Office of Foreign Assets Control, U.S. Department of the Treasury (“OFAC”); (iii) designated by the President or OFAC pursuant to the Trading with the Enemy Act, 50 U.S.C. App. § 5, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701-06, the Patriot Act, Public Law 107-56 or any Executive Order of the President issued pursuant to such statutes; (iv) whether a natural or legal person, named on the U.S. Treasury Department’s list of “Specially Designated Nationals and Blocked Persons List” (“SDN”); or (v) on the United States Commerce Department’s Table of Deny Orders.
7.6. Indemnification. You agree to indemnify, defend and hold harmless 508 Software and its respective officers, directors, employees, agents, successors, and assigns from any and all losses, liabilities, damages and claims, and all related expenses (including reasonable legal fees and disbursements and costs of investigation, litigation, settlement, judgment, interest and penalties) and costs related to, arising from, or in connection with any third-party claim related to, arising from, or in connection with the actual or alleged: (i) infringement by Licensee of any third-party intellectual property and/or proprietary right, including, but not limited to, patent, trademark, copyright, trade secret, publicity, and/or privacy right, (ii) personal injury (including death) or property damage due to the gross negligence or intentional misconduct of Licensee, and/or (iii) breach by Licensee of any of its representations, warranties, obligations, and/or covenants set forth herein.
7.7. Additional Protection Measures. Solely for the purpose of preventing unlicensed use of the Product, the Product may install on Your computer technological measures that are designed to prevent unlicensed use, and 508 Software may use this technology to confirm that You have a licensed copy of the Product. 508 Software will not collect any personally identifiable information from Your computer during this process.
8. NO WARRANTY AND DISCLAIMER.
8.1. NO IMPLIED OR OTHER WARRANTIES. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW, THE PRODUCT IS PROVIDED “AS-IS” WITHOUT ANY WARRANTY WHATSOEVER AND 508 SOFTWARE MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE, REGARDING OR RELATING TO THE PRODUCT OR CONTENT THEREIN OR TO ANY OTHER MATERIAL FURNISHED OR PROVIDED TO YOU PURSUANT TO THIS EULA. YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR SELECTION OF THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. 508 SOFTWARE MAKES NO WARRANTY THAT THE PRODUCT WILL BE ERROR FREE OR FREE FROM INTERRUPTION OR FAILURE, OR THAT IT IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 508 SOFTWARE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, INTEGRATION, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCT AND THE ACCOMPANYING WRITTEN MATERIALS OR THE USE THEREOF. YOU HEREBY ACKNOWLEDGE THAT THE PRODUCT MAY NOT BE OR BECOME AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, SCHEDULED OR UNSCHEDULED PERIODIC SYSTEM MAINTENANCE, ACTS OF GOD, TECHNICAL FAILURE OF THE SOFTWARE, OR DELAY OR DISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF SERVICE ATTACKS, INCREASED OR FLUCTUATING DEMAND, AND ACTIONS AND OMISSIONS OF THIRD PARTIES. THEREFORE, 508 SOFTWARE EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SYSTEM AND/OR SOFTWARE AVAILABILITY, ACCESSIBILITY, OR PERFORMANCE. 508 SOFTWARE DISCLAIMS ANY AND ALL LIABILITY FOR THE LOSS OF DATA DURING ANY COMMUNICATIONS AND ANY LIABILITY ARISING FROM OR RELATED TO ANY FAILURE BY 508 SOFTWARE TO TRANSMIT ACCURATE OR COMPLETE INFORMATION TO YOU.
8.2. LIMITED LIABILITY; NO LIABILITY FOR CONSEQUENTIAL DAMAGES. YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM YOUR USE OF THE PRODUCT AND THE INFORMATION CONTAINED IN OR COMPILED BY THE PRODUCT, AND THE INTERACTION (OR FAILURE TO INTERACT) WITH ANY OTHER HARDWARE OR SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL 508 SOFTWARE OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL, WORK STOPPAGE, HARDWARE OR SOFTWARE DISRUPTION IMPAIRMENT OR FAILURE, REPAIR COSTS, TIME VALUE OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT, OR THE INCOMPATIBILITY OF THE PRODUCT WITH ANY HARDWARE, SOFTWARE, OR USAGE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL 508 SOFTWARE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU FOR THE PARTICULAR PRODUCT. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
10.1. Governing Law; Jurisdiction and Venue. This EULA shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Virginia without reference to conflicts of law rules and principles. To the extent permitted by law, the provisions of this EULA shall supersede any provisions of the Uniform Commercial Code (UCC) as adopted or made applicable to the Product in any competent jurisdiction. This EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods (CISG), the application of which is expressly disclaimed and excluded. The federal and state courts located in the City of Alexandria, Virginia shall have exclusive jurisdiction to adjudicate any dispute arising out of the EULA. You agree that this EULA is to be performed in the Commonwealth of Virginia and that any action, dispute, controversy, or claim that may be instituted based on this EULA, or arising out of or related to this EULA or any alleged breach thereof, shall be prosecuted exclusively in the federal or state courts in of the Commonwealth of Virginia and You, to the extent permitted by applicable law, hereby waive the right to change venue to any other state, county, district or jurisdiction; provided, however, that 508 Software as claimant shall be entitled to initiate proceedings in any court of competent jurisdiction.
10.2. Class action waiver. Any proceedings to resolve or litigate any dispute in any forum in connection with this EULA shall be conducted solely on an individual basis. Neither You nor 508 Software shall seek to have any dispute or controversy in connection with this EULA heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. Parties further agree that no arbitration or proceeding shall be combined with another arbitration or proceeding without the prior written consent of the other party.
10.3. Period for Bringing Actions. No action, regardless of form, arising out of the transactions under this EULA, may be brought by either party hereto more than one (1) year after the cause of action has occurred, or was discovered to have occurred, except that an action for infringement of intellectual property rights may be brought within the maximum applicable statutory period.
10.5. Contact Information. Should You have any questions concerning this EULA, or if You desire to contact 508 Software for any reason, please contact 508 Software.
Exhibit A can be found on the separate web-page.
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