License
License
License
IMPORTANT - READ CAREFULLY: This DAEMON Tools Ultra End-User License Agreement ("EULA")
is the agreement between you (either an individual or a single entity) and Disc Soft Ltd for the
DAEMON Tools Ultra software product identified above, which includes computer software and
may include associated media, printed materials, and the "online" or electronic documentation
("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT,
you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA,
do not install, download or use the SOFTWARE PRODUCT.
You are only allowed to use this program if you are a legal owner of the original CD (DVD, Blu-
ray) and you want to create or use a backup of your original disc.
The SOFTWARE PRODUCT is provided "as is". Disc Soft Ltd cannot be held responsible for any
loss of data or other misfortunes resulting from the use of the SOFTWARE PRODUCT. Likewise,
Disc Soft Ltd cannot be held responsible for the use or misuse of the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as
well as other intellectual property laws and treaties. Disc Soft Ltd or its suppliers own the title,
copyright and other intellectual property rights contained in the SOFTWARE PRODUCT. The
SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE.
This EULA grants you the following rights provided you comply with all terms and conditions
contained in this EULA:
Installation and Use. Disc Soft Ltd provides you with a non-exclusive and limited license;
this license allows you to install and use a number of the SOFTWARE PRODUCT copies,
ordered during the purchase, on the computer(s)/operating system(s) that you use
("licensed instance(s)").
You have to validate the license once (active Internet connection is required during
validation) and thus assign it to the computer/operating system. You may reassign the
license to another instance. If you reassign the license then other instance becomes the
"licensed instance".
Reservation of Rights. Disc Soft Ltd reserves all rights not expressly granted to you in this
EULA.
Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse
engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the
extent that such activity is expressly permitted by applicable law notwithstanding this
limitation.
Support Services. Disc Soft Ltd may provide you with support services related to the
SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the Disc
Soft Ltd policies and programs described in the "online" documentation, and/or in other
materials provided by Disc Soft Ltd. Any supplemental software code provided to you as
part of the Support Services shall be considered part of the SOFTWARE PRODUCT and
subject to the terms and conditions of this EULA. With respect to technical information,
you provide to Disc Soft Ltd as part of the Support Services, Disc Soft Ltd may use such
information for its business purposes, including product support and development. Disc
Soft Ltd will not utilize such technical information in a way that personally identifies you.
Support services will NOT be provided to users who would use very rude or obscene
language in their support requests.
Information rights and publicity. Disc Soft Ltd may retain and use information that is
collected during your use of the SOFTWARE PRODUCT, so that it no longer reflects or
references you as an individually identifiable user ("Non-personal Information"). Disc Soft
Ltd will not share information associated with your use with any third parties unless Disc
Soft Ltd (i) has your consent; (ii) concludes that it is required by law or has a good faith
belief that access, preservation or disclosure of such information is reasonably necessary
to protect the rights, property or safety of Disc Soft Ltd, SOFTWARE PRODUCT, its users or
the public; or (iii) provides such information in certain limited circumstances to third
parties to carry out tasks on Disc Soft Ltd behalf (e.g., data storage) with strict limitations
that prevent the data from being used or shared except as directed by Disc Soft Ltd. When
this is done, it is subject to agreements that oblige those parties to process such
information only on Disc Soft Ltd instructions and in compliance with this EULA and
appropriate confidentiality and security measures.
No Rental: You may not rent, lease, or lend the SOFTWARE PRODUCT.
Termination. Without prejudice to any other rights, Disc Soft Ltd may terminate this EULA if
you fail to comply with the terms and conditions of this EULA. In such event, you must
remove all copies of the SOFTWARE PRODUCT and all of its component parts from the
computer (computers).
3. DISCLAIMER OF WARRANTIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DISC SOFT LTD AND ITS SUPPLIERS
PROVIDE THE SOFTWARE PRODUCT AND ANY (IF ANY) SUPPORT SERVICES RELATED TO THE
SOFTWARE PRODUCT ("SUPPORT SERVICES") AS IS AND WITH ALL FAULTS, AND HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, OF
ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, AND OF LACK OF NEGLIGENCE OR
LACK OF WORKMANLIKE EFFORT, ALL WITH REGARD TO THE SOFTWARE PRODUCT, AND THE
PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. IN ADDITION, THERE IS NO
WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND
CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO THE
SOFTWARE PRODUCT. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR
PERFORMANCE OF THE SOFTWARE PRODUCT AND SUPPORT SERVICES, IF ANY, REMAINS WITH
YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DISC SOFT
LTD OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, 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 PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR
OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE
EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT
OR BREACH OF WARRANTY OF DISC SOFT LTD OR ANY SUPPLIER, AND EVEN IF DISC SOFT LTD
OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR
GENERAL DAMAGES), IN NO EVENT WILL DISC SOFT LTD AND ANY OF ITS SUPPLIERS UNDER
ANY PROVISION BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM THE USE OF
SOFTWARE PRODUCT OR INABILITY TO USE THE SOFTWARE PRODUCT, INCLUDING, WITHOUT
LIMITATION, DAMAGES TO USERS SYSTEMS AND/OR SOFTWARE AND/OR DATA, COMPUTER
FAILURE OR MALFUNCTION, COMPUTER VIRUS TRANSMISSION, PERFORMANCE DELAYS OR
COMMUNICATION FAILURES OR SECURITY BREACHES. THIS PROVISION SHALL SURVIVE THE
EXPIRATION OR TERMINATION OF THIS AGREEMENT.
The SOFTWARE PRODUCT is not fault-tolerant and is not designed, manufactured or intended
for use in environments in which its failure could lead directly to death, personal injury, or
severe physical or environmental damage, such as in the operation of nuclear facilities, aircraft
navigation or communication systems, air traffic control, direct life support machines, or
weapons systems ("High Risk Activities"). ACCORDINGLY, DISC SOFT LTD AND ITS LICENSORS
AND OTHER SUPPLIERS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF
FITNESS FOR HIGH RISK ACTIVITIES. YOU AGREE THAT THE DISC SOFT LTD WILL NOT BE LIABLE
FOR ANY CLAIMS OR DAMAGES ARISING FROM THE USE OF THE SOFTWARE PRODUCT IN SUCH
APPLICATIONS.
If you are a U.S. Government user, then the Software Application is provided with "RESTRICTED
RIGHTS" as set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software-
Restricted Rights clause at FAR 52 227-19 or subparagraph (c)(1)(ii) of the Rights in Technical
Data and Computer Software clause at DFARS 252.227-7013, as applicable.
8. ENTIRE AGREEMENT.
This EULA (including any addendum or amendment to this EULA which is included with the
SOFTWARE PRODUCT) constitutes the entire agreement between you and Disc Soft Ltd relating
to the SOFTWARE PRODUCT 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 PRODUCT or any other subject matter covered by this EULA. To the extent
the terms of any Disc Soft Ltd policies or programs for support services conflict with the terms
of this EULA, the terms of this EULA shall control.
For DAEMON Tools Ultra support, please, contact us: http://www.disc-soft.com/sendmsg
Disc Soft Ltd is licensed to use within its software "SCSI Pass Through Direct (SPTD) layer".
THIS SPTD Software END USER LICENSE AGREEMENT (THE "AGREEMENT") GOVERNS USE OF THE
SPTD Software AND ANY RELATED SOFTWARE SERVICES PROVIDED BY Duplex Secure Ltd OR ITS
PARTNERS IN CONNECTION WITH THE SPTD Software. BY CLICKING "I AGREE," OR BY
DOWNLOADING, INSTALLING OR USING THE SPTD Software, YOU AGREE TO THE TERMS OF THIS
AGREEMENT, AND YOU CONSENT TO JURISDICTION OF THE EUROPEAN UNION FOR ANY
DISPUTE. YOU ACKNOWLEDGE THAT Duplex Secure Ltd OFFERS THE SPTD Software WITHOUT
WARRANTIES AND THAT YOUR REMEDIES ARE LIMITED. IF YOU DO NOT AGREE TO THIS
AGREEMENT, CLICK "EXIT" AND DO NOT INSTALL OR USE THE SPTD Software.
1. GRANT OF LICENSE.
Duplex Secure Ltd grants you a personal, limited, non-exclusive, non-sublicensable, non-
transferable license to use the SPTD Software for personal and internal business purposes any
provided copy must contain all of the original proprietary notices.
This license does not entitle you to receive from SPTD Software hard-copy documentation,
support, telephone assistance, or enhancements or updates to the SPTD Software.
2. RESTRICTIONS.
You may not: (i) modify or create any derivative works of the SPTD Software or documentation,
including customization, translation or localization (aside from any rights you may have to
modify those portions of the source code released under a separate source code license); (ii)
decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of the
SPTD Software, or in any way ascertain, decipher, or obtain the communications protocols for
accessing the SPTD Software, or the underlying ideas or algorithms of the SPTD Software; (iii) use
kernel mode debuggers (SoftICE, WinDbg etc.) because SPTD Software is not compatible with
such debuggers; (iv) use the SPTD Software to reproduce, display, perform, or distribute audio
and/or video content in any manner that violates any U.S. or foreign laws or regulations or any
third party's rights, including copyright, privacy or publicity rights, or other intellectual property
rights; (v) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the
SPTD Software; (vi) remove or alter any trademark, logo, copyright or other proprietary notices,
legends, symbols or labels in the SPTD Software; (vii) block, disable, or otherwise effect any
windows, tabs, links to other sites and services, or other features that constitute an integral part
of the SPTD Software; (viii) use the SPTD Software in any way that violates this Agreement or any
law; or (ix) authorize or assist any third party to do any of the things described in this paragraph.
3. TERMINATION.
If you violate the terms of this Agreement, this Agreement and your right to use the SPTD
Software shall be terminated immediately and without notice. In the event of any termination of
this Agreement or your rights hereunder, all provisions of this Agreement except the "GRANT OF
LICENSE" section shall survive such termination and you agree to continue to be bound by those
terms. Upon termination, you must destroy all copies of the SPTD Software.
4. PROPRIETARY RIGHTS.
Duplex Secure Ltd and/or its licensors and other suppliers retain all title, ownership, and
intellectual property rights in the SPTD Software. The SPTD Software is protected by copyright
and other intellectual property laws and by international treaties.
5. INJUNCTIVE RELIEF.
You acknowledge and agree that, notwithstanding any other provisions of this Agreement, your
breach or threatened breach of this Agreement shall cause Duplex Secure Ltd irreparable
damage for which recovery of money damages would be inadequate and that Duplex Secure Ltd,
therefore, may obtain timely injunctive relief to protect its rights under this Agreement in
addition to any and all other remedies available at law or in equity.
6. DISCLAIMER OF WARRANTY.
THE SPTD SOFTWARE IS PROVIDED WITH ALL FAULTS ON AN "AS IS" BASIS. DUPLEX SECURE Ltd
AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR
IMPLIED, INCLUDING THE WARRANTIES THAT THE SPTD SOFTWARE IS FREE OF DEFECTS, VIRUS
FREE, AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE FUNCTIONALITY OF THE
SPTD SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT ERRORS IN THE SPTD SOFTWARE
WILL BE CORRECTED, AND THE IMPLIED WARRANTIES THAT THE SPTD SOFTWARE IS
MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR
NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF
EXCLUSION. FURTHER, DUPLEX SECURE Ltd AND ITS LICENSORS AND SUPPLIERS DO NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE
OF THE SPTD SOFTWARE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE. IN ADDITION, THE SECURITY MECHANISMS IMPLEMENTED BY THE SPTD SOFTWARE
HAVE INHERENT LIMITATIONS, AND YOU MUST DETERMINE THAT THE SPTD SOFTWARE
SUFFICIENTLY MEETS YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE
GIVEN BY DUPLEX SECURE Ltd OR A DUPLEX SECURE Ltd AUTHORIZED REPRESENTATIVE SHALL
CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY THAT CANNOT
BE DISCLAIMED UNDER APPLICABLE LAW. DUPLEX SECURE Ltd, ITS LICENSORS, AND OTHER
SUPPLIERS HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF THE SPTD SOFTWARE. YOU BEAR
THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE AND ASSUME THE ENTIRE COST OF
ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART
OF THIS AGREEMENT. NO USE OF THE SPTD SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT
UNDER THIS DISCLAIMER.
7. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DUPLEX SECURE
Ltd OR ITS PARENT, AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, LICENSORS, SUPPLIERS,
AGENTS OR RESELLERS (COLLECTIVELY, THE "DUPLEX SECURE Ltd GROUP") BE LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF
OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SPTD
SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK
STOPPAGE, LOST PROFITS, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND
ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF,
AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE)
UPON WHICH THE CLAIM IS BASED.
The SPTD Software is not fault-tolerant and is not designed, manufactured or intended for use in
environments in which its failure could lead directly to death, personal injury, or severe physical
or environmental damage, such as in the operation of nuclear facilities, aircraft navigation or
communication systems, air traffic control, direct life support machines, or weapons systems
("High Risk Activities"). ACCORDINGLY, DUPLEX SECURE Ltd, ITS LICENSORS, AND OTHER
SUPPLIERS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH
RISK ACTIVITIES. YOU AGREE THAT THE DUPLEX SECURE Ltd WILL NOT BE LIABLE FOR ANY
CLAIMS OR DAMAGES ARISING FROM THE USE OF THE SPTD SOFTWARE IN SUCH APPLICATIONS.
If you are a U.S. Government user, then the Software Application is provided with "RESTRICTED
RIGHTS" as set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software-
Restricted Rights clause at FAR 52 227-19 or subparagraph (c)(1)(ii) of the Rights in Technical
Data and Computer Software clause at DFARS 252.227-7013, as applicable.
This Agreement constitutes the entire agreement between you and Duplex Secure Ltd
concerning the subject matter of this Agreement, which may only be modified by Duplex Secure
Ltd.
For SPTD Software support please contact via web form on Duplex Secure Ltd website at:
http://www.duplexsecure.com/en/support/
Reasonable efforts are made to ensure any temporary files created are automatically
removed after the installation process is completed, regardless of whether a
recommendation is made, and regardless of whether you choose to install any software.
Please note, however, that some files may not be able to remove themselves until the
next system restart.
3. Recommended Third Party Software
You are NEVER required to install any recommended third party software, and you will
not be required to install any third party software as a condition to install the Software.
We will never install any third party software without your express consent.
Recommended third party software is also subject to its own separate license
agreement(s).
4. How We Use Your Data
We are strong advocates for consumer privacy, and we do NOT collect or store any
personally identifiable information. Any information transmitted to our servers is
anonymous and may be stored in the aggregate to help us improve our services. All
information is collected and used in accordance with our Privacy Policy, available at:
http://www.opencandy.com/privacy-policy.
5. DISCLAIMER; LIMITATION OF LIABILITY
WE PROVIDE ALL RECOMMENDATIONS OR THIRD PARTY SOFTWARE "AS IS," "WITH ALL
FAULTS," AND WITHOUT ANY WARRANTY WHATSOEVER, AND DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-
INFRINGEMENT. WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY
INCIDENTAL, CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, PUNITIVE OR EXEMPLARY
DAMAGES IN CONNECTION WITH ANY RECOMMENDATION OR THIRD-PARTY SOFTWARE.
6. Miscellaneous
These Terms are governed by and interpreted, construed and enforced in accordance
with the laws of the State of California, United States of America, without respect to its
choice of law provisions. Any action is subject to the exclusive jurisdiction of the state or
federal courts in California, and you irrevocably submit to the personal jurisdiction in
such courts.
7. Third Party Software Uninstallation
We ensure that all OpenCandy recommended third party software which may be
installed allows for simple uninstallation without harming your computer, and without
leaving files or applications behind.
If you have any feedback or questions, please email us at: [email protected].