End User License Agreement
PLEASE READ THIS END USER LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE DOWNLOADING PANDORA RECOVERY. BY DOWNLOADING OR INSTALLING PANDORA RECOVERY YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, THEN PANDORA CORP (HEREINAFTER COLLECTIVELY "PANDORA") DOES NOT CONSENT TO LICENSE THE SOFTWARE TO YOU, AND YOU SHOULD NOT USE THE SOFTWARE. BY INSTALLING, DOWNLOADING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED AND MAY NOT USE THE SOFTWARE.
PLEASE NOTE THAT USE OF PANDORA RECOVERY MAY *PERMANENTLY REMOVE* SOME DELETED FILES FROM YOUR SYSTEM. WHEN YOU RECOVER FILES, FILES THAT YOU OPT NOT TO RECOVER AT THAT TIME MAY *NOT* BE RESTORABLE IN THE FUTURE.
The PANDORA CORPORATION ("Pandora") software and/or programs and(the "'PANDORA' Program[s]" or "program[s]"), documentation accompanying this License whether on disk, in read only memory, on any other media or in any other form are licensed to you by "PANDORA." You own the media on which the program(s) is recorded but "PANDORA" retains title to the "PANDORA" Program(s). The "PANDORA" Program(s) and any copies that this License authorizes you to make are subject to this License.
2. PERMITTED USES AND RESTRICTIONS
This License allows you to install and use the "PANDORA" Program(s) on your private computer. Any saved or archived "PANDORA" Program(s) must include all copyright information and related License documentation contained on the original. You may NOT decompile, reverse engineer, disassemble, modify, rent, lease, distribute, make any commercial use of or create derivative works based upon the "PANDORA" Program(s) in whole or part. Your rights under this License will terminate automatically without notice from "PANDORA" Program(s) if you fail to comply with any term(s) of this License.
3. PERSONAL USE ONLY RESTRICTIONS
The "PANDORA" Program(s) is made available for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the "PANDORA" Program(s). Use of the "PANDORA" Program(s) for any purpose other than personal use is forbidden, unless explicitly stated otherwise.
Registration key is valid for one year, unless stated otherwise.
4. ACKNOWLEDGEMENT OF UPDATES
The "PANDORA" Program(s) include technology which allows "PANDORA" to provide updates to the software directly to your computer. By installing, downloading, copying, updating or otherwise using the "PANDORA" Program(s), you specifically agree to include and/or accept the noted software and technology through which "PANDORA" keeps "Pandora Recovery" current as a condition to using the "PANDORA" Program(s). Note that Pandora Recovery allows the user to select from three (3) methods of updating the software:
1 download updates automatically and notify me when the update is available to install.
2 notify me when an update is available and only download and install when I click "Yes."
3 disable auto-update. I'll check for all update manually.
Upon installation, the second option ( 2 - notify me when an update is available and only download and install when I click "Yes.") is the default and will be used unless the user specifies otherwise.
5. COMPLIANCE WITH LAWS
As a condition precedent to your use of the "PANDORA" Program(s), you agree to comply with all laws and regulations applicable to your use of "PANDORA" Program(s) including but not limited to US and international copyright and all intellectual property laws, obscenity, possession and distribution of child pornography, violence against racial and/or gender groups, and other prohibited pornographic materials pursuant to federal, state and local laws. You acknowledge that images, portrayals, depictions, or other representations of public events and personalities, if any, qualify as a "fair use" and/or "parody" under state, federal and international definitions thereof. Finally, you acknowledge that the "PANDORA" Program(s) is a personal tool and may NOT be used to:
- Transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Harm minors in any way;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through any means;
- Transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Intentionally or unintentionally violate any applicable local, state, national or international law, including securities exchange and any regulations having the force of law;
- "Stalk" or otherwise harass another; or
- Collect or store personal data about other users. You acknowledge and agree that "PANDORA" may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonable necessary to:
(a) comply with legal process;
(b) enforce this Agreement;
(c) respond to claims that any content violates the rights of third-parties; or
(d) protect the rights, property, or personal safety of "PANDORA", its users and the public.
- Monitor network traffic or make search requests in order to accumulate information about individual users.
6. DISCLAIMER OF WARRANTIES
THE "PANDORA" PROGRAM(S) IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. "PANDORA" MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE "PANDORA" PROGRAM(S) OR THE USE OR THE RESULTS OF THE USE OF THE"PANDORA" PROGRAM(S). YOU EXPRESSLY AGREE THAT YOUR USE OF THE "PANDORA" PROGRAM(S) IS AT YOUR SOLE RISK. "PANDORA" EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. "PANDORA" DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. "PANDORA" DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE "PANDORA" PROGRAM(S). "PANDORA" DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH THE "PANDORA" PROGRAM(S) OR RECEIVED THROUGH ANY PROVIDED BY THE "PANDORA" WEB SITE OR ANY USE OF THE "PANDORA" PROGRAM(S). "PANDORA" DOES NOT WARRANT THAT THE "PANDORA" PROGRAM(S), THE "PANDORA" SERVERS, OR E-MAIL SENT FROM "PANDORA" ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL "PANDORA" BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR NEGLIGENCE, DEFAMATION, COPYRIGHT OR ANY OTHER CLAIMS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE "PANDORA" PROGRAM(S), WITH THE DELAY OR INABILITY TO USE THE "PANDORA" PROGRAM(S), THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE "PANDORA" PROGRAM(S) OR OTHERWISE ARISING OUT OF THE USE OF THE "PANDORA" PROGRAM(S), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF USER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
"Pandora Recovery" and other "PANDORA" Program(s) and are the property of "PANDORA" and protected by United States and international copyright laws.
"Pandora Recovery" and "PANDORA" are trademarks of "PANDORA". You agree not to display or use such trademarks in any manner without "PANDORA"'s express written prior permission.
10. EXPORT LAW ASSURANCES
You may not use or otherwise export or re-export the "PANDORA" Program(s) except as authorized by United States law and the laws of the jurisdiction in which the "PANDORA" Program(s) was obtained.
The License constitutes the entire agreement between you and "PANDORA" Program(s) and governs your use of the "PANDORA" Program(s), superseding any prior agreements between you and "PANDORA". You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The License and the relationship between you and "PANDORA" shall be governed by the laws of the State of California without regard to its conflict of law provisions. "PANDORA" may amend the License at any time by a notice on the "PANDORA" web site, which shall be binding upon you. You may not revise or amend the License without the prior written authorization of an officer of "PANDORA". You hereby irrevocably consent to the personal and exclusive jurisdiction of the courts located within the County of San Diego, State of California in all disputes arising out of or relating to the use of the "PANDORA" Program(s). The failure of "PANDORA" to exercise or enforce any right or provision of the License shall not constitute a waiver of such right or provision. If any provision of the License is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the License remain in full force and effect. You agree to indemnify and hold "PANDORA", its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of the "PANDORA" Program(s).