WindowsToUSB 1.3.2.0


EULA - End User License Agreement



DKEY SOFTWARE WindowsToUSB

END-USER LICENSE AGREEMENT FOR DKEY SOFTWARE

IMPORTANT-READ CAREFULLY: This End-User License Agreement ('EULA') is a legal agreement between
you (either an individual or a single entity) and DKey Software or one of its affiliates ('DKey Software') for
the DKey Software software that accompanies this EULA, which includes computer software and may
include associated media, printed materials, 'online' or electronic documentation, and Internet-based
services ('Software'). An amendment or addendum to this EULA may accompany the Software.

YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR
OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE
SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND, IF
APPLICABLE.

1. GRANT OF LICENSE.
DKey Software grants you the following rights provided that you comply with all terms and
conditions of this EULA:
1.1 Installation and use. You may install, use, access, display and run one copy
of the Software on a single computer, such as a workstation, terminal or other device ('Workstation
Computer').
1.2 Mandatory Activation. Activation associates the use of the Software with a specific Workstation
Computer. During activation, the Software will send information about the Software and the Workstation
Computer to DKey Software. This information includes the version, language and product key of the
Software, the Internet protocol address of the Workstation Computer, and information derived from the
hardware configuration of the Workstation Computer. By using the Software, you consent to the
transmission of this information.
1.3 Validation. The Software may check periodically whether a properly licensed copy of the Software is
installed. Validation may be required for certain DKey Software software to be downloaded, installed or
used. If the software detects that a properly licensed copy of the Software is not installed, you will receive
a notification and periodic reminders to install a properly licensed copy of the Software. During or after a
validation check, the Software may send information about the Software, the device and the results of
the validation check to DKey Software. This information includes, for example, the version and product
key of the Software, any unauthorized changes made to the validation, licensing or activation functions of
the Software, any related malicious or unauthorized software found and the Internet protocol address of
the device. DKey Software does not use the information to identify or contact you. By using the
Software, you consent to the transmission of this information.

2. INTERNET-BASED SERVICES. DKey Software provides Internet-based services with the Softwre. It
may change or cancel them at any time.

2.1 Consent for Internet-Based Services. The software features described below in section 2.2 and in
the Privacy Statement connect to DKey Software or service provider computer systems over the
Internet. In some cases, you will not receive a separate notice when they connect. You may switch off
these features or not use them. By using these features, you consent to the transmission of this
information. DKey Software does not use the information to identify or contact you.

2.2 Computer Information. The following features use Internet protocols, which send to the appropriate
systems computer information, such as your Internet protocol address, the type of operating system,
browser and name and version of the software you are using, and the language code of the Workstation
Computer where you installed the software. DKey Software uses this information to make the Internet-
based services available to you.

DKey Software Update. To enable the proper functioning of the Update service in the Software (if you
use it), updates or downloads to the Update service will be required from time to time and downloaded
and installed without further notice to you.

Web Content Features. Under the Software's default configuration, if you are connected to the
Internet, several features of the Software are enabled by default to retrieve content from DKey Software
computer systems and display it to you. When you activate such a feature, it uses standard Internet
protocols, which transmit the type of operating system, browser and language code of your Workstation
Computer to the DKey Software computer system so that the content can be viewed properly from your
Workstation Computer. These features only operate when you activate them, and you may choose to
switch them off or not use them.

2.3 Use of Information. DKey Software may use the computer information to improve our software and
services. We may also share it with others, such as hardware and software vendors. They may use the
information to improve how their products run with DKey Software software.

2.4 Misuse of Internet-based Services. You may not use these services in any way that could harm
them or impair anyone else's use of them. You may not use the services to try to gain unauthorized
access to any service, data, account or network by any means.

3. RESERVATION OF RIGHTS AND OWNERSHIP.
DKey Software reserves all rights not expressly granted to you in this EULA. The Software is protected by
copyright and other intellectual property laws and treaties. DKey Software or its suppliers own the title,
copyright, and other intellectual property rights in the Software. The Software is licensed, not sold.

4. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY.
You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent
that such activity is expressly permitted by applicable law notwithstanding this limitation.

5. NO RENTAL/COMMERCIAL HOSTING.
You may not rent, lease, lend or provide commercial hosting services with the Software.

6. LINKS TO THIRD PARTY SITES.
You may link to third party sites through the use of the Software. The third party sites are not under the
control of DKey Software, and DKey Software is not responsible for the contents of any third party sites,
any links contained in third party sites, or any changes or updates to third party sites. DKey Software is
not responsible for webcasting or any other form of transmission received from any third party sites.
DKey Software is providing these links to third party sites to you only as a convenience, and the inclusion
of any link does not imply an endorsement by DKey Software of the third party site.

7. ADDITIONAL SOFTWARE/SERVICES.
This EULA applies to updates, supplements, add-on components, product support services, or Internet-
based services components, of the Software that you may obtain from DKey Software after the date
you obtain your initial copy of the Software, unless you accept updated terms or another agreement
governs. DKey Software reserves the right to discontinue any Internet-based services provided to you or
made available to you through the use of the Software.

8. UPGRADES.
To use Software identified as an upgrade, you must first be licensed for the software identified by DKey
Software as eligible for the upgrade. After upgrading, you may no longer use the software that formed
the basis for your upgrade eligibility.

9. NOT FOR RESALE SOFTWARE.
Software identified as 'Not For Resale' or 'Engineering Release' or 'NFR,' may not be sold or otherwise
transferred for value, or used for any purpose other than demonstration, test or evaluation.

10. ACADEMIC EDITION SOFTWARE.
To use Software identified as 'Academic Edition' or 'AE,' you must be a 'Qualified Educational User.' For
qualification-related questions, please contact the DKey Software Sales Information Center or the DKey
Software subsidiary serving your country.

11. END USER PROOF OF LICENSE.
If you acquired the Software on a compact disc or other media, a genuine DKey Software 'Proof of
License' label with a genuine copy of the software identifies a licensed copy of the Software. To be valid,
the label must appear on DKey Software software packaging. If you receive the label separately, it is
invalid. You should keep the packaging that has the label on it to prove that you are licensed to use the
Software.

12. SOFTWARE TRANSFER.
Internal. You may move the Software to a different Workstation Computer.
After the transfer, you must completely remove the Software from the former Workstation Computer.
Transfer to Third Party. The initial user of the Software may make a one-time permanent transfer of this
EULA and Software to another end user, provided the initial user retains no copies of the Software. This
transfer must include the Software and the Proof of License label. The transfer may not be an indirect
transfer, such as a consignment. Prior to the transfer, the end user receiving the Software must agree to
all the EULA terms.

13. TERMINATION.
Without prejudice to any other rights, DKey Software may terminate this EULA if you fail to comply with
the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all
of its component parts.

14. NOTICE REGARDING SECURITY.
To help protect against breaches of security and malicious software, periodically back up your data and
system information, use security features such as firewalls, and install and use security updates.

15. LIMITED WARRANTY FOR software.
DKey Software warrants that the Software will perform substantially in accordance with the accompanying
materials for a period of ninety (90) days from the date of receipt. If an implied warranty or condition is
created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also
have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD
OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE
NINETY-DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some
states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above
limitation may not apply to you.

Any supplements or updates to the Software, including without limitation, any (if any) service packs or hot
fixes provided to you after the expiration of the ninety day Limited Warranty period are not covered by
any warranty or condition, express, implied or statutory.

LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for
any breach of this Limited Warranty is as set forth below. Except for any refund elected by DKey
Software, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO
CONSEQUENTIAL DAMAGES, if the Software does not meet DKey Software's Limited Warranty, and, to
the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The
terms of Section 17 ('Exclusion of Incidental, Consequential and Certain Other Damages') are also
incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation or exclusion may not apply to you. This
Limited Warranty gives you specific legal rights. You may have other rights which vary from
state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY. DKey Software's and its suppliers'
entire liability and your exclusive remedy for any breach of this Limit Warranty or for any other breach of
this EULA or for any other liability relating to the Software shall be, at DKey Software's option from time to
time exercised subject to applicable law, (a) return of the amount paid (if any) for the Software, or (b) repair
or replacement of the Software, that does not meet this Limited Warranty and that is returned to DKey
Software with a copy of your receipt. You will receive the remedy elected by DKey Software without charge,
except that you are responsible for any expenses you may incur (e.g. cost of shipping the Software to DKey
Software). This Limited Warranty is void if failure of the Software has resulted from accident, abuse,
misapplication, abnormal use or a virus. Any replacement Software will be warranted for the remainder of the
original warranty period or thirty (30) days, whichever is longer, and DKey Software will use commercially
reasonable efforts to provide your remedy within a commercialy reasonable time of your compliance with
DKey Software's warranty remedy procedures.

16. DISCLAIMER OF WARRANTIES.
The Limited Warranty that appears above is the only express
warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any)
created by any advertising, documentation, packaging, or other communications. Except for the Limited
Warranty and to the maximum extent permitted by applicable law, DKey Software and its suppliers
provide the Software and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all
other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if
any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of
reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of
lack of viruses, and of lack of negligence,all with regard to the Software, and the provision of or failure to
provide support or other services, information, software, and related content through the Software or
otherwise arising out of the use of the Software. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE,
QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT
WITH REGARD TO THE SOFTWARE.

17. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.
To the maximum extent permitted by applicable law, in no event shall DKey Software or its suppliers be liable
for
any special, incidental, punitive, indirect, or consequential damages whatsoever (including, but not limited
to, damages for loss of profits or confidential or other information, for business interruption, for personal
injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for
negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to
the use of or inability to use the SOFTWARE, the provision of or failure to provide Support OR OTHER
Services, informaton,software, and related CONTENT through the software or otherwise arising out of the
use of the software, or otherwise under or in connection with any provision of this EULA, even in the
event of the fault, tort (including negligence), misrepresentation, strict liability, breach of contract or
breach of warranty of DKey Software or any supplier, and even if DKey Software or any supplier has been advised of the possibility of such damages.

18. LIMITATION OF LIABILITY AND REMEDIES.
Notwithstanding any damages that you might incur for any reason whatsoever (including, without
limitation, all damages referenced herein and all direct or general damages in contract or anything else),
the entire liability of DKey Software and any of its suppliers under any provision of this EULA and your
exclusive remedy hereunder (except for any remedy of repair or replacement elected by DKey Software
with respect to any breach of the Limited Warranty) shall be limited to the greater of the actual damages
you incur in reasonable reliance on the Software up to the amount actually paid by you for the Software
or US$5.00. The foregoing limitations, exclusions and disclaimers (including all Sections) shall apply to the
maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

19. APPLICABLE LAW.
If you acquired this Software in the Russian Federation, this EULA is governed by the laws of the Russian Federation. If you acquired this Software in any other country, then local law may apply.

20. ENTIRE AGREEMENT; SEVERABILITY.
This EULA (including any addendum or amendment to this EULA which is included with the Software) is
the entire agreement between you and DKey Software relating to the Software and the support services
(if any) and they supersede all prior or contemporaneous oral or written communications, proposals and
representations with respect to the Software or any other subject matter covered by this EULA. To the
extent the terms of any DKey Software policies or programs for support services conflict with the terms
of this EULA,the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid,
unenforceable or illegal, the other provisions shall continue in full force and effect.



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Downloads: 1,655
Updated At: 2024-04-22
Publisher: DKey Software
Operating System: other, windows
License Type: Free Trial