DriveDx End-User License Agreement (EULA)

END-USER LICENSE AGREEMENT (EULA) OF DRIVEDX

This End-User License Agreement ("EULA") is a legal agreement between you and BinaryFruit.

This EULA agreement governs your acquisition and use of our DriveDx software ("Software") directly from BinaryFruit or indirectly through a BinaryFruit authorized reseller or distributor (a "Reseller").

Please read this EULA agreement carefully before completing the installation process and using the software. It provides a license to use the Software and contains warranty information and liability disclaimers.

If you are using a free trial of the Software, this EULA agreement will also govern that trial. By clicking "accept" or installing and/or using the Software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.

If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.

This EULA agreement shall apply only to the Software supplied by BinaryFruit herewith regardless of whether other software is referred to or described herein. The terms also apply to any BinaryFruit updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.


LICENSE

BinaryFruit as the licensor, grants, not sells to you, as the licensee, a non-exclusive right to use the Software under the terms of this EULA. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. BinaryFruit reserves all rights not expressly granted to You. BinaryFruit retains the ownership of the copyright in and to the Software.


PERMITTED USES AND RESTRICTIONS

You have the rights to make copies of the Software for backup and archival purposes; provided that the backup copy must include all copyright or other proprietary notices contained on the original.

You are not permitted to:
- Remove or alter the copyright notices of the Software;
- Use the Trial Version on any system where the Trial Version was previously Used and expired;
- Decompile, reverse engineer, disassemble the Software or attempt to do any such things;
- Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software;
- Allow any third party to use the Software;
- Rent, lease, or lend the Software to anyone;
- Transfer all of Your rights under this EULA, unless We are notified of and consent to the assignment and the assignee agrees to the terms of this EULA;
- Use the Software in any way which breaches any applicable local, national or international law;

Trial version
“Trial Version” means a version of the Software to be used only to review, demonstrate and evaluate the Software for a limited time period. Our Software products is shareware. It means that You can download the Trial Version for evaluation, test compatibility with Your hardware and, if You like the product, order the license. I.e. You can try before You buy. The Trial Version of Software may be installed and used by You for the sole purpose of trying and evaluating this Software. The Trial Version of Software may be installed and used by You on any number of systems. Your distribution of a Trial Version of the Software to a third party will not entitle You to any compensation from Us. You are not permitted to use the Trial Version on any system where the Trial Version was previously Used and expired.

Single Computer License
The Software is meant for Your personal use (“fair use”). This License is only applicable for the home user who purchased the software and cannot be used within or for any organization. Single Computer License allows You to install and use one copy of the Software on one (1) personal computers at a time. This License is to only be used by the home users to perform diagnostics of storage devices that are owned by the user. Single Computer License is for NON-COMMERCIAL usage only.

Personal License
The Software is meant for Your personal use (“fair use”). This License is only applicable for the home user who purchased the software and cannot be used within or for any organization. Personal License allows You to install and use one copy of the Software on up to three (3) personal computers at a time. This License is to only be used by the home users to perform diagnostics of storage devices that are owned by the user. Personal licenses are for NON-COMMERCIAL usage only.

Family License
This License is only applicable for the home users who purchased the software and cannot be used within or for any organization.
Family License allows You to install and use one copy of the Software on up to a maximum of six (6) computers at a time as long as those computers are located in the same household and used by persons who occupy that same household. This License is to only be used by the home users to perform diagnostics of storage devices that are owned by the home user within one household and immediate family. For NON-COMMERCIAL usage only.

Business License
Business Licenses are applicable for users or legal entities, including companies and organizations (both for-profit and non-profit), requiring the software for commercial or non-commercial use. This License is to only be used to perform diagnostics of storage devices that are owned by the user (organization). If You bought Business License package (Pack), You may install and use as many copies of the Software as You have purchased in the Business package. 

Consultant License
This License can be used to diagnose any storage devices regardless of who they belong to (owned and not owned by the user/organization). I.e. Consultant License is the only type of license that permits to perform diagnostic of 3rd party owned drives/Macs (not owned by user/organization). Consultant Licenses are applicable for users or legal entities, including companies and organizations (both for-profit and non-profit), requiring the software for commercial or non-commercial use. If You bought Consultant License package (Pack), You may install and use as many copies of the Software as You have purchased in the Consultant package.


TRANSFER

You may not assign, rent, lease, lend, sell, redistribute or sublicense this Software, except as provided herein or with our express consent and agreement. You may, however, make a one-time permanent transfer of all of Your license rights to the Software (in its original form as provided) to another party, provided We are notified of and approve the transfer and the assignee agrees to be bound by the terms of this EULA and You retain no copies of any parts of the Software.


SOFTWARE UPDATES

BinaryFruit will notify You of any available Updates and Upgrades. You will be entitled to receive minor (version 1.X) Updates free of charge.


PRIVACY AND CONSENT TO USE OF DATA

The Software may examine, collect and report anonymous technical information about the actual system including the operating system, hardware devices and disk drivers. With respect to technical information You provide to the BinaryFruit as part of the Support Services, the BinaryFruit may use such information for its business purposes, including for product support and development. The technical information is never used in a form that personally identifies You and never released to third parties for any reason.

By becoming a BinaryFruit customer You agree to receive occasional information, news or promotion about the product used by the user and other products of BinaryFruit. You can unsubscribe from receiving any or all such information at any time. BinaryFruit confirms that the email information is not to be redistributed or sold to third parties.


TERMINATION

This EULA agreement is effective from the date You first use the Software and shall continue until terminated. 
It will also terminate immediately if You fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and You agree to stop all access and use of the Software and destroy, remove or delete all copies, full or partial, of the Software on Your computer.


DISCLAIMER OF WARRANTIES

YOU USE THE SOFTWARE AT YOUR OWN RISK AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE AND ACCURACY IS WITH YOU.

THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED OF ANY KIND AND BINARYFRUIT SPECIFICALLY DISCLAIMS WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF ANY THIRD PARTY RIGHTS. NO ORAL OR WRITTEN ADVICE GIVEN BY BINARYFRUIT, ITS DEALERS, DISTRIBUTORS, RESELLERS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY UPON SUCH INFORMATION OR ADVICE.


LIMITATION OF LIABILITY

BINARYFRUIT OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE ARE UNDER NO CIRCUMSTANCES LIABLE FOR CONSEQUENTIAL, DIRECT OR INDIRECT DAMAGES (INCLUDING DAMAGE FOR LOSS OF PROFIT, BUSINESS INTERRUPTION, LOSS OF DATA, AND THE LIKE ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE).


OTHER TERMS

This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of United States.


If You do not accept this EULA, please stop downloading or using the Software in any ways.
YOU AGREE THAT YOUR USE OF THE SOFTWARE INDICATES THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND IT AND AGREE TO BE BOUND BY ITS PROVISIONS.


Last updated May 7, 2018