ShadowUser 2.5


EULA - End User License Agreement



StorageCraft Technology Corporation™
End-User License Agreement
ShadowUser Version 2.5 Pro Edition

IMPORTANT - NOTICE TO USER: READ THIS END-USER LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE THAT ACCOMPANIES THIS LICENSE AGREEMENT.

This End-User License Agreement (License Agreement) is a legal agreement between you and StorageCraft Technology Corporation (STC). StorageCraft is a trademark of STC. ShadowUser is a copyrighted software product of STC. As used in this License Agreement, the term "Software" means ShadowUser Version 2.5 Pro Edition. It is important that you read this document before installing or using the Software and any accompanying Documentation, including without limitation, the User Guide, other printed materials, online or electronic documentation (Documentation). STC provides the Software and Documentation to you under one of the following transactions, including trial or purchase transactions. All of the transactions are subject to and governed by this License Agreement which is presented with an appropriate title for each transaction type and presents the identical terms and conditions for acceptance or non-acceptance of the License Agreement:

1. Evaluation (Trial) License (see Section 3(a)).
2. Full (Continuing) License - Download Version (see Section 3(b)).
3. Full (Continuing) License - Packaged/Boxed Version (see Section 3(c)).
4. Volume License (see Section 3(d)).
5. Multiple License Package (see Section 3(e)).

The Software provided to you under any of the free trial or purchase transactions listed above is subject to all of the terms and conditions of this License Agreement. In all cases, you will be required to accept this License Agreement as a condition to installing and/or using the Software and Documentation. With respect to the Full (Continuing) License - Download Version, download by you constitutes acceptance of this License Agreement even if you fail to install the Software.

By clicking the "I Accept" radio button at the bottom of this License Agreement, you agree to be bound by the terms and conditions of this License Agreement including, without limitation, the Limited Warranty, Disclaimer of Warranties and Limitation of Liability provisions whether you are granted a 15-day Evaluation (Trial) License or a Full (Continuing) License under this License Agreement. If you do not agree to all of the terms and conditions of this License Agreement, click the "I Do Not Accept" radio button at the bottom of this License Agreement and in such case you are not licensed to use the Software and you must destroy any downloaded copies of the Software and Documentation in your possession or control. If you have purchased a packaged/boxed version of the Software and Documentation and decline to accept this License Agreement, you are entitled to return the Software and Documentation to the place of purchase within thirty (30) days (at your expense) and receive a refund of your purchase price. If you install or otherwise use the Software provided under any trial or purchase transaction, your conduct constitutes acceptance of this License Agreement and you will be bound by all of its terms and conditions. You may access our website at www.StorageCraft.com/legal to download and print a copy of this License Agreement for your files.

1.PROPRIETARY RIGHTS. This is a license and not a sale. The Software and Documentation are proprietary products of STC and are protected under United States copyright laws and international treaty provisions and nothing in this License Agreement constitutes a waiver of STC’s rights under U.S. or international copyright law or any other law. Ownership of the Software and Documentation and all copies, modifications, translations, and merged portions thereof shall at all times remain with STC, including all copyrights, patent rights, trade secret rights, trademarks and other intellectual property rights therein. Your rights to use the Software are specified in this License Agreement and STC retains all rights not expressly granted to you in this License Agreement. All copies of the Software and Documentation authorized hereunder are to be used solely for backup or archival purposes and must contain the same proprietary notices that appear on and in the Software and Documentation.

2.GRANT OF LICENSE. Subject to the payment of the applicable license fees and subject to the terms and conditions of this License Agreement, STC hereby grants to you a non-exclusive, non-transferable license to use the Software and its Documentation. YOUR USE IS SPECIFICALLY LIMITED TO THE USE GRANTED UNDER THIS LICENSE AGREEMENT. You may not sublicense, lease, sell or otherwise transfer the Software or Documentation to any other person. You may use the Software and Documentation only for your own personal use if you are an individual or for your own internal business purposes if you are a business.

a.Single-User, Single Computer License. If you have downloaded a trial version or purchased a single-user, single computer license as described in Section 3, you may use one copy of the Software and its Documentation. You may install one copy of the Software on one computer owned or leased by you. You may physically install the Software on another computer provided that any previously installed copies of the Software are removed and destroyed. This License may not be assigned or otherwise transferred without prior written consent from STC except where such transfer is allowed under Section 5. Any unauthorized transfer is null and void.

b.Volume License. If the Software is licensed to you under Volume License terms specified in an accompanying Volume License Certificate for the Software, as described in Section 3(d), you may make, use and install as many additional copies of the Software on the number of computers as the Volume License Certificate specifies. You must have a reasonable mechanism in place to ensure that the number of computers on which the Software has been installed does not exceed the number of licenses you have been granted. Under the Volume License Certificate you are authorized to make or download one copy of the Software and Documentation for each copy authorized by the Volume License Certificate, provided that all of the proprietary notices are included in their original form.

c.Evaluation Period Use. You may install and use the Software on an evaluation basis for fifteen days, subject to the terms and conditions of the Evaluation (Trial) License, as described in Section 3(a) of this License Agreement. At any time during the evaluation period you may elect to terminate your use of the Software without obligation to purchase a license.

d.Backup Copy. In addition to any copies authorized under this License Agreement, you may make a single copy of the Software solely for backup or archival purposes provided that the copy you make contains all of the Software's proprietary notices as provided to you.

e.Updates and Support. You are entitled to receive technical support as outlined in the Technical Support section of the ShadowUser User Guide. You are entitled to download Software updates or miscellaneous releases for the Software (Version 2.5 Pro Edition) at: www.StorageCraft.com/support.html when and as STC publishes them and to the extent that such items do not constitute a new version of the Software that requires a separate License Agreement.

f.Uninstall and Reinstall. You may uninstall the software using the Uninstall feature provided with the software and relocate such software to a separate computer provided that the software is installed and operational on only one computer at any given time.

3.STC License Programs. You have been provided this License Agreement for the Software under one of the following STC License Programs:

a.Evaluation (Trial) License. If you have downloaded the 15-day Evaluation (Trial) Version of the Software from the StorageCraft webstore or from another download provider, this section of the License Agreement applies to that transaction and your right to install and use the Software and Documentation. When you initiate the installation process, you will be presented with this License Agreement and an opportunity to review such License Agreement. To accept all of the terms and conditions of this License Agreement, you must click the radio button labeled “I Accept” provided at the bottom of the License Agreement before you can install the Software. If you do not agree to all terms and conditions of the License Agreement, click the radio button labeled “I Do Not Accept,” in which case the Software will not be installed and you will not be licensed to use the Software. By clicking the radio button labeled “I Accept” and installing the Software, you agree to be bound by all terms and conditions of this License Agreement for the Software and Documentation. Installation and use of the Software constitutes a separate and additional acceptance of this License Agreement for the Software. This License Agreement grants you the right to install and use the Software and Documentation on an evaluation basis for a period of not more than fifteen (15) days from download, after which the Software will "time out" and cease to function unless you have purchased a Full (Continuing) License. If the Software "times out" and you fail to purchase a Full (Continuing) License, you must destroy all copies of the Software and Documentation. At any time during the evaluation period you may elect to terminate your use of the Software without obligation to purchase a License Agreement.

You may purchase a Full (Continuing) License for the Software from the StorageCraft webstore. You are entitled to purchase a unique serial number that is your (Activation Key) that renders the Software fully operable. You agree to use this Activation Key to enable only one working copy of the Software to work exclusively on only one computer, to keep this Activation Key private and not divulge, distribute, exchange, publish or furnish it to any other parties. You also agree you are liable for all damages incurred by STC including, but not limited to, loss of sales, loss of revenue and legal fees resulting from breach of this provision.

By accepting this Evaluation (Trial) License, you agree that subsequent conversion of the Evaluation (Trial) License to a Full (Continuing) License, based on your purchase and installation of the Activation Key, imposes on you and you agree to accept all terms and conditions of this License Agreement, including the terms and conditions applicable to the Full (Continuing) License under this License Agreement. Further, you also agree that in accepting the terms and conditions of the Evaluation (Trial) License you simultaneously agree to accept and adopt the terms and conditions of the Full (Continuing) License Agreement if you convert the Evaluation (Trial) License by your purchase of a unique serial number (Activation Key) that enables the Full (Continuing) License.

b.Full (Continuing) License Download. This License Agreement applies if you have downloaded the Software (Continuing) License from the StorageCraft webstore or from another authorized download provider or if you have purchased from STC the unique serial number (Activation Key) enabling and converting the Evaluation (Trial) License to the Full (Continuing) License. You have previously agreed to accept, as a condition to installing the Evaluation (Trial) License of the Software, all the terms and conditions of the Full (Continuing) License Agreement if you purchase from STC a Full (Continuing) License in the form of a unique serial number (Activation Key.) Further, you have agreed to adopt by such installation of the Activation Key all of the terms and conditions of this License Agreement. See Section 3(a) of this License Agreement. Installation and use of the Software constitutes a separate and additional acceptance of this License Agreement. You agree that by downloading the Software you accept the terms and conditions of the License Agreement, even if you fail to install the Software.

c.Full (Continuing) License – Packaged/Boxed Version. This License Agreement applies if you have purchased Software in a package/box that contains the Software on a CD-ROM, a User Guide, a unique serial number identifying the purchase (Activation Key) enabling you to install and use the Software. In conjunction with your installation of the Software, you will be required to either accept or decline to accept this License Agreement. To accept this License Agreement, click the radio button labeled “I Accept” at the bottom of this License Agreement. By clicking the "I Accept" button, you agree to be bound by all terms and conditions of this License Agreement. Use of the Activation Key issued to you and installation and use of the Software also constitute additional conduct accepting this License Agreement. As a term of this License Agreement, You agree to use this Activation Key to enable only one working copy of the Software to work exclusively on only one computer, to keep this Activation Key private and not divulge, distribute, exchange, publish or furnish it to any other parties. You also agree that you are personally liable for all damages incurred by STC including, but not limited to, loss of sales, loss of revenue and legal fees resulting from breach of this provision. If you do not agree to all terms and conditions of the License Agreement, click the radio button labeled “I Do Not Accept,” in which case STC does not grant you a license. In such event, you are entitled to return the complete package containing the CD-ROM, User Guide and Activation Key to the place of purchase for a full refund. By returning the Software, Activation Key and Documentation for a refund you represent that you have uninstalled the Software, kept no copies of the Software and have not shared the Software or your Activation Key with any third party.

d.Volume License. STC provides a Volume License authorizing the purchaser to make multiple copies of the Software and Documentation. This product is sold at StorageCraft's webstore as a download (electronic) version or as a packaged/boxed product. The packaged/boxed product is also sold by STC dealers, distributors or representatives. The download version consists of a License Certificate with a unique serial number identifying the purchase, (Activation Keys) in a number equivalent to the number of Software copies authorized by the License Certificate. The Volume License also allows the licensee to make one copy of the Documentation for each authorized copy of the Software. The packaged/boxed version includes a a CD-ROM containing a copy of the software, a printed License Certificate bearing a unique serial number identifying the purchase (Activation Keys) in a number equivalent to the number of Software copies authorized by the License Certificate and a copy of the User Guide. This License Agreement applies to both the download (electronic) and the packaged/boxed purchases. The licensee accepts the Volume License and this License Agreement by downloading or taking physically delivery of such product and retaining the product for more than ten (10) days after the date of purchase. Each copy of the Software made by the licensee under this license requires acceptance of this License Agreement as a condition to installation under the same acceptance or non-acceptance procedure defined above in either Section 3(b) - Full (Continuing) License Download or Section 3(c) - Full (Continuing) License - Packaged/Boxed Version.

e.Multiple License Package. STC provides a Multiple License Package authorizing the licensee to make multiple copies of the Software and Documentation. This product is sold at StorageCraft's webstore as a download (electronic) version or as a packaged/boxed product. The packaged/boxed product is also sold by STC dealers, distributors or representatives. The download version consists of a License Certificate with a unique serial number identifying the purchase, (Activation Keys) in a number equivalent to the number of Software copies authorized by the License Certificate. The Multiple License Package also allows the licensee to make one copy of the Documentation for each authorized copy of the Software. The packaged/boxed version includes a CD-ROM containing a copy of the software, printed License Certificate bearing a unique serial number (Activation Keys) in a number equivalent to the number of Software copies authorized by the License Certificate and a copy of the User Guide. This License Agreement applies to both the download (electronic) and packaged/boxed purchases. The licensee accepts the Multiple License Package and this License Agreement by downloading or taking physical delivery of such product and retaining the product for more than ten (10) days after the date of purchase. Each copy of the Software made by the licensee under this license requires acceptance of this License Agreement as a condition to installation under the same acceptance or non-acceptance procedure defined above in either Section 3(b) - Full (Continuing) License Download or Section 3(c) - Full (Continuing) License - Packaged/Boxed Version.

4.TERMINATION. This License Agreement is effective until terminated. You may terminate this License Agreement at any time by giving STC written notice. This License Agreement automatically terminates if you fail to comply with the terms hereof or if you attempt to assign this License Agreement or transfer the Software or Documentation to a third party except as expressly permitted in this License Agreement. Upon termination, you must stop all use of the Software and Documentation and must either destroy all copies of the Software and Documentation that are in your possession or control or return such copies to STC.

5.RESTRICTIONS AND NONPERMITTED USES. You may not lease, license, rent, loan or otherwise transfer, with or without consideration, the Software. You may not use any backup or archival copies of the Software (or allow someone else to use such copies) for any purpose other than to replace an original copy if it is destroyed or damaged. You may not permit third parties to benefit from the use or functionality of the Software. You may not reverse engineer, decompile or disassemble the Software except to the extent the foregoing restriction is expressly prohibited by applicable law. You may not modify or create derivative works based upon the Software in whole or in part. You may not copy the Software or Documentation except as expressly permitted in Sections 2 and 3 hereof. You may not remove any proprietary notices or labels on the Software. All rights not expressly set forth hereunder are reserved by STC. You may transfer the rights granted to you under this License Agreement on a permanent basis to another person or entity, provided that you retain no copies of the Software and the transferee agrees, in writing, to the terms of this License Agreement. Any other attempt by you to transfer the rights or obligations under this License Agreement will be null and void and will constitute a material breach of this License Agreement.

6.LIMITED WARRANTY.

a.Limited Warranty. STC warrants that, for sixty (60) days after the date you, the original end-user, first acquired the Software from STC or its dealers, distributors or representatives: (i) the Software will perform substantially in accordance with its accompanying User Guide, and (ii) the media on which the Software is provided will be free from defects in materials and workmanship under normal use. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state.

b.Customer Remedies. Under the Limited Warranty provided in Section 6(a), the entire liability of STC and its dealers, distributors or representatives and your exclusive remedy for any breach of the foregoing Limited Warranty shall be, at STC’s option, either (i) return of the purchase price paid for the license or (ii) replacement of the defective media in which the Software is contained, provided you notify STC of the nonconformance within the sixty (60) day warranty period. You must return the defective media to STC or its dealer, distributor or representative at your expense, together with a copy of your receipt within the sixty (60) day warranty period. This Limited Warranty is void if the defect has resulted from alteration, abuse, damage or misapplication. Any replacement media will be warranted for the remainder of the original warranty period or 30 days, whichever is longer.

7.DISCLAIMER OF WARRANTIES. WE DO NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT IT'S OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT FOR EXPRESS WARRANTIES STATED IN THIS LICENSE AGREEMENT, THE SOFTWARE IS PROVIDED “AS IS” WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFECT IS WITH YOU.

TO THE EXTENT ALLOWED BY LAW, STC AND ITS DEALERS, DISTRIBUTORS AND REPRESENTATIVES EXPRESSLY DISCLAIM ALL EXPRESS WARRANTIES NOT STATED HEREIN AND ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INTERFERENCE, NON-INFRINGEMENT OR ACCURACY.

IF ANY IMPLIED WARRANTY IS NOT DISCLAIMED UNDER APPLICABLE LAW, THEN SUCH IMPLIED WARRANTY IS LIMITED TO 30 DAYS FROM THE DATE YOU ACQUIRED THE SOFTWARE FROM STC OR ITS DEALERS, DISTRIBUTORS OR REPRESENTATIVES AND IS SUBJECT TO THE EXCLUSIVE REMEDY PROVISION SET FORTH IN SECTION 6(b). SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING 30 DAY TIME LIMITATION ON IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

The Limited Warranty herein gives you specific legal rights and you may also have other legal rights which vary from state to state. Warranty inquiries may be sent to STC at: www.StorageCraft.com/legal or to 180 West Election Road, Suite 230, Draper, Utah 84020, U.S.A.

8.LIMITATION OF LIABILITY. THE LIABILITY OF STC AND THAT OF ITS DEALERS, DISTRIBUTORS AND REPRESENTATIVES TO YOU FOR ANY LOSSES SHALL BE LIMITED TO DIRECT DAMAGES AND SHALL NOT EXCEED THE AMOUNT YOU ORIGINALLY PAID FOR THE SOFTWARE AND IN NO EVENT WILL STC OR ITS DEALERS, DISTRIBUTORS OR REPRESENTATIVES BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS), EVEN IF THEY HAVE 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.

9.UNITED STATES GOVERNMENT RESTRICTED RIGHTS. If Licensee is a branch or agency of the United States Government, the following provision applies. The Licensed Software and Documentation are comprised of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and are provided to the Government (i) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995). Any use, modification, reproduction, release, performance, display or disclosure of the Software and accompanying Documentation of the United States Government shall be governed solely by the terms of this License Agreement and shall be prohibited except to the extent expressly permitted by the terms of this License Agreement.

10.EXPORT CONTROLS. You acknowledge that the Software is subject to the export control laws and regulations of the United States and any amendments thereof. You agree that you will not directly or indirectly transfer the Software except in compliance with applicable U.S. export laws and regulations.

11.NO WAIVER OR MODIFICATION. This License Agreement may not be modified except by a written addendum issued by a duly authorized representative of STC. No delay or failure to take action represents a waiver of the rights inherent to or granted to STC under this License Agreement.

12.MISCELLANEOUS. This License Agreement constitutes the entire agreement between you and STC pertaining to its subject matter. This License Agreement is governed by the laws of the State of Utah. Any litigation arising from this License Agreement will be pursued only in Utah State courts or in federal courts located in the State of Utah. If part of this License Agreement is held invalid, the balance of this License Agreement is still valid, binding and enforceable.

13.CUSTOMER CONTACT. If you have any questions concerning this License Agreement, you may contact STC as follows: website - www.StorageCraft.com, fax - 801.999.7650 or mail – StorageCraft Technology Corporation, 180 West Election Road, Suite 230, Draper, Utah 84020, U.S.A.

Copyright 2004, 2005, 2006 StorageCraft Technology Corporation. All rights reserved. This Software and Documentation are copyrighted. Ownership of the ShadowUser Software is reserved to StorageCraft Technology Corporation. StorageCraft and the StorageCraft logo are trademarks of StorageCraft Technology Corporation. ShadowUser, ShadowMode and Pre-ShadowMode are trademarks of StorageCraft Technology Corporation in the United States and elsewhere. All other brands and product names are or may be trademarks or registered trademarks of their respective owners.



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Users Rating:  
  3.3/5     7
Downloads: 400
Updated At: 2024-03-19
Publisher: StorageCraft Technology Corporation
Operating System: windows
License Type: Free Trial