SALE, USE, AND PURCHASE CONTRACT AGREEMENT This is a legal agreement that governs the use of the Boomerang Website, Services and Software. It does not supersede or replace any other agreement you may have in force with us, but instead is 'in addition to' existing agreements you may have. This agreement was last updated on April 22, 2007. You understand and agree that this contract is enforceable and valid between all parties to this transaction.
WARRANTY-NONE: THIS PRODUCT/SERVICE IS SOLD AS IS WITHOUT WARRANTY, EXPRESSED OF IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY/FITNESS FOR A PARTICULAR PURPOSE.
Highlights of this Agreement:
- These terms and conditions are presented at the time of the sale, and your acceptance of them is required if you wish to place an order for our product(s) or service(s). If you do not accept these terms, then leave this site and do not order our product(s) or service(s).
- You agree that all support for our product(s) and service(s) are done via our website support center located on the internet at //boomerangdatarecovery.com/support/
- You agree that we are unable provide you with the product(s) or service(s) without your acceptance of these terms.
- All sales are final, you agree and understand that there are no returns, refunds or exchanges.
- We offer no warranty of fitness or merchantability for any particular purpose or accept any liability for your use of the Software. BoomDRS.com (the “Website”) is a collection of online, interactive data recovery and other tools from Boomerang You must read and agree to this agreement before using the Website. Use of the site indicates your acceptance hereof.
- We employ fraud protection measures designed to reduce or eliminate fraud. We record information such as your computer IP, file saving activity and payment details. This information is used solely for accountability purposes.
- You understand and agree that any payment dispute(s) or act which may result in loss to the Company will result in the forfeiture of your use of the software and your license will be revoked.
THIS IS A LEGAL AND BINDING SOFTWARE USAGE AGREEMENT (``AGREEMENT``) WHICH GOVERNS YOUR USE OF THE WEBSITE. BY COMPLETING THE ORDER PROCESS AND CLICKING ON THE ``BUY NOW`` BUTTON, YOU ARE CONSENTING TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, CLICK THE ``CANCEL ORDER`` BUTTON, IN WHICH CASE THE ORDER PROCESS WILL BE TERMINATED. Boomerang MAY AMEND THIS AGREEMENT FROM TIME TO TIME. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS. YOUR CONTINUED USE OF THE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF THESE TERMS CHANGE IN SOME WAY YOU FIND UNACCEPTABLE, YOU SHOULD DISCONTINUE YOUR USE OF THE WEBSITE.
The Website makes no claims as to the usability of the recovered data or the amount of data recovered, and you hereby acknowledge that the fee you pay to use the Boomerand product(s), Website and service(s) are is “AS-IS”, and that you may not recover any usable data at all, you further agree that any and all fee(s) you pay to Boomerang for the use of the Services, Website and any other fees are non refundable (“All Sales Final”). If you are unwilling to accept these terms and these risks, do not continue your order, but instead click ‘CANCEL ORDER’, and vacate our website now.
USE OF WEBSITE
You assume total responsibility and risk for your use of the Website, Software and the Internet. Boomerang does not guarantee that the Website or Internet will be uninterrupted or error free; it is provided on an “as available” basis. Boomerang represents and warrants that it employs and will continue to use throughout the term and any subsequent terms of this Agreement commercially reasonable safeguards to protect against the transmission of any viruses, hidden-codes, programs, Trojan horses, or disabling devices which may harm or interrupt the use of Boomerang’s computers, equipment, servers or files through the use of the Website. In the event of a dispute between us, you consent to the release of your information and particulars concerning said dispute to a third party reporting agency. Further, you hereby warrant that your computer and email are conforming to internet standards, and that you will bar the full burden and associated fee(s) of any inability for Boomerang to communicate with you as a result of blockage or non-delivery of email correspondence from us to you. You understand that there is no voice support offered as a part of your purchase, and that your sole level of communication with us shall be via this website or our mail servers. You understand and agree that in the event you violate any of these terms, or in any way cause us financial harm or loss, that we may report you to a third party bureau for the purposed of alerting other merchants to your activity.
USE OF SOFTWARE
The Boomerang Data Recovery Software (the “Software”) you downloaded as part of the registration process is licensed, not sold, to you and available for use only under the terms of this Agreement. All sales are final, no refunds or exchanges. Boomerang grants to you (either as an individual or an entity) a perpetual, royalty free, non-exclusive, non-transferable, non-commercial license to install and use the Software,in conjunction with unlimited use of the Website, on one (1) computer, solely for your own personal, non-commercial (for profit, or other) use. You understand and agree that to enfoce these terms you will be required to manage your license through the Boomerang Data Recovery Service website account area (//www.boomdrs.com/account) and that the license we grant you may not be transfered more than one time every thirty days. You agree that any violation of these terms will result in the suspension of your account(s) with Boomerang, and your license to use the Service will be revoked. All trademarks, Website marks, copyrights, and title in and to the Software and the Information, are owned by Boomerang, and its structure, organization and code are the valuable trade secrets of Boomerang. You acknowledge that no title to the intellectual property in the Software is transferred to you. Boomerang reserves all rights not expressly granted hereunder. You agree that you will not attempt, and if you are a corporation, you will use your best efforts to prevent your employees and contractors from attempting, to reverse engineer, reverse compile, modify, adapt, translate or disassemble the Software, in whole or in part.
You agree to take all reasonable steps to protect the Website from unauthorized access or use. Boomerang will allow you to choose a usercode which will permit you to access the Website. You agree that you will be the sole user of the Website under this Agreement. Licensee agrees to comply with the procedures specified by Boomerang from time to time regarding obtaining and updating your usercode/password. Usercode/Password are subject to cancellation or suspension by Boomerang at any time, including upon your misuse of the usercode/password in any way, and the reissuance or reactivation of your usercode/password may be subject to Boomerang’s standard charges. You agree that you will use your best efforts to prevent any third party from obtaining the usercode/password, and you will inform Boomerang immediately of any actual or potential unauthorized access to a usercode/password or to the Website. You hereby consent to the immediate suspension of your account including product activation code(s) as penalty for sharing your access codes or password or product keys or for any dispute, such suspension shall serve as penalty for breach of contract, but does not limit Boomerang from seeking additional relief.
LIMITATION ON LIABILITY
THIS SOFTWARE IS PROVIDED BY THE AUTHOR AND CONTRIBUTORS “AS IS”. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
You agree that this Agreement and any dispute relating to it or the Website will be governed by and construed in accordance with the common laws of the United States of America, without regard to conflicts of laws principles.
COPYRIGHTS AND LICENSES/REDESSEMINATION PROHIBITED
All of the information, content, Websites and software displayed on, transmitted through, or used in connection with the Website and the Software, including for example, email messages, data, guides, text, images, illustrations, html, source and object code, software, and the like (collectively, the “Content”), as well as its selection and arrangement, is owned by Boomerang, and its affiliated companies, licensors and suppliers. Boomerang actively protects its rights to the Content to the fullest extent of the law. You may not use such material except as provided in this Agreement.
You may use the Content online and solely for your personal use, and you may download or print a single copy of any portion of the Content for your personal use, provided you do not remove any trademark, copyright or other notice contained in such Content. No other use is permitted. You may not, for example, republish the Content on any Internet, Intranet or Extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any of the Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content without the written consent of Boomerang.