DiskDeleter 1.0.2

BluestSoft

End User License Agreement

IMPORTANT READ CAREFULLY: This End User License Agreement (“Agreement”) is

a legal and binding agreement between you (either an individual or a single

entity) (“You” or “Your”) and BluestSoft, Inc. (“BLUESTSOFT”) for the

software product You are about to download (or otherwise install) and the

associated proprietary media, printed materials, any associated

BluestSoft

End User License Agreement

IMPORTANT READ CAREFULLY: This End User License Agreement (“Agreement”) is

a legal and binding agreement between you (either an individual or a single

entity) (“You” or “Your”) and BluestSoft, Inc. (“BLUESTSOFT”) for the

software product You are about to download (or otherwise install) and the

associated proprietary media, printed materials, any associated

documentation (including any electronic documentation), and also any updates

or modifications of the foregoing provided by BLUESTSOFT or its licensees or

agents to You (collectively “Software”).

WHEN YOU CLICK ON THE “I ACCEPT” BUTTON OR WHEN YOU OTHERWISE INSTALL OR

USE ANY PART OF THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE

BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO (OR CANNOT COMPLY

WITH) ALL OF THE TERMS OF THIS AGREEMENT, (1) CLICK THE “I DO NOT ACCEPT”

BUTTON, AND YOU WILL NOT BE AUTHORIZED TO USE OR HAVE ANY LICENSE TO USE ANY

PART OF THE SOFTWARE.

Under this Agreement, You are obtaining one of the following three types of

licenses: (1) a “Trial License” which will allow you to use the Software

free of charge with limitation designated by BLUESTSOFT for evaluation

purposes only; (2) a “Single-User License” which will allow you to use one

copy of the Software for Your personal use; or (3) a “Volume License”

which is a license granted when You have purchased multiple seats to the

Software and which will allow you to use the Software on multiple computers

at once.

1. License.

(a) Trial License. If You are purchasing a Trial License, subject to

Your compliance with the terms and conditions of this Agreement, BLUESTSOFT

hereby grants to You a limited, personal, non-sublicensable,

non-transferable, non-exclusive license to:

(i) use one copy of the Software to evaluate the Software and only for

Your personal, non-organizational, non-enterprise, and noncommercial use on

multiple computer systems owned or controlled by You personally and only in

accordance with the accompanying end user documentation; and

(ii) make one copy of the Software in machine readable form solely for

archival back-up purposes, provided You reproduce BLUESTSOFT's copyright

proprietary legends in any such copy.

(b) Single User License. If You are purchasing a Single-User License,

subject to Your compliance with the terms and conditions of this Agreement,

BLUESTSOFT hereby grants to You a limited, personal, non-sublicensable,

non-transferable, non-exclusive license to:

(i) use one copy of the Software only for Your personal,

non-organizational, non-enterprise, and noncommercial use on multiple

computer systems owned or controlled by You personally and only in

accordance with the accompanying end user documentation; and

(ii) make one copy of the Software in machine readable form solely for

archival back-up purposes, provided You reproduce BLUESTSOFT's copyright

proprietary legends in any such copy.

(c) Volume License. If You are purchasing a Volume License from

BLUESTSOFT or one of its authorized distributors, subject to Your compliance

with the terms and conditions of this Agreement, BLUESTSOFT hereby grants to

You a limited, personal, non-sublicensable, non-transferable, non-exclusive

license to:

(i) install the object code of the Software on computers owned or

controlled by You only for Your business purposes, provided that the number

of computers that the Software may be installed on shall never exceed the

number of seats of the Software You have purchased from BLUESTSOFT or its

distributors; and

(ii) use the Software in accordance with the relevant BLUESTSOFT end user

documentation.

2. License Restrictions.

(a) General Restrictions. You shall not (nor shall You permit anyone

else to) directly or indirectly: (i) copy (except as expressly set forth

above), modify, or distribute the Software or any portion thereof; (ii)

reverse engineer, disassemble, decompile or otherwise attempt to discover

the source code or structure, sequence and organization of the Software or

any portion thereof (except where the foregoing is permitted by applicable

local law, and then only to the extent so permitted); (iii) rent, lease, or

use the Software or any portion thereof for timesharing or service bureau

purposes, or otherwise use or allow the use of the Software or any portion

thereof for any commercial purpose or on behalf of any third party; (iv)

remove or obscure any proprietary notices on the Software; (v) post or

otherwise make available the Software, or any portion thereof, in any form,

on the Internet or the World Wide Web; (vi) distribute copies of the

Software to others (electronically or otherwise); (vii) use a previous

version of the Software after you receive a new version and are asked to

discontinue using the previous version; (viii) export or reexport the

Software in violation of any laws or regulations; or (ix) make any single

copy of the Software available for use by multiple users over any network or

from any remote workstation or terminal. Each single computer on which

Software is installed and used shall be primarily available to only a single

user. You are responsible for all fees and costs associated with the

copying and installation of the Software. As a specific condition of this

license, You agree to use the Software in compliance with all applicable

laws, including without limitation copyright laws, and that You will not

copy, transmit, perform or distribute any audio, video or other content

using the Software without obtaining all necessary licenses or permissions

from the owner of the content.

(b) Restrictions limited to Volume License. If you are purchasing a

Volume License: (i) if the Software is moved from one single computer to

another computer owned or controlled by You, You must destroy the copy on

the first computer, unless the number of Seats purchased allows for the

addition of another copy; and (ii) You may not install the Software on any

computer not owned or controlled by You.

3. Third Party Software License Agreement.

You acknowledge, confirm, and agree that: (i) BLUESTSOFT may provide you, in

connection with the Software, with a third party software licensed to you

pursuant to a third party software license agreement (the “Third Party

Software”); and (ii) your right to use such Third Party Software is

governed exclusively by the applicable Third Party Software license

agreements.

4. Proprietary Rights.

BLUESTSOFT and its licensors shall own and retain all right, title, and

(except as expressly licensed hereunder) interest in and to the Software,

all copies or portions thereof, and any derivative works thereof (by

whomever created). The Software is protected by copyright laws and

international copyright treaties, as well as other intellectual property

laws and treaties. Notwithstanding anything else, the Software is licensed

and not sold. All rights in the Software not specifically granted in this

Agreement are reserved by BLUESTSOFT and its licensors.

5. Confidentiality.

You agree to maintain the Software and any data or databases contained

therein in confidence and that You will not disclose the Software to any

third party without the express written consent of BLUESTSOFT. You may not

use the Software except as set forth herein. You further agree to take all

reasonable precautions to preclude access of unauthorized persons to the

Software.

6. Term and Termination.

This license is effective until terminated hereunder; provided, however,

that if you are only permitted to use the Software on a trial basis with a

limited trial period, this license is only effective for the trial period

specified by BLUESTSOFT. You may terminate the license at any time by

destroying the Software (including the related documentation) together with

all copies or modifications in any form. BLUESTSOFT will have the right to

terminate the license granted herein immediately if You fail to comply with

any term or condition of this Agreement. The license granted to You herein

will terminate automatically upon any breach of Section 2 or 3. Upon

termination of this Agreement for any reason, You shall immediately stop

using the Software and shall destroy and remove from all computers, hard

drives, networks, and other storage media all copies of the Software.

Sections 2, 3, and 4 through 16 shall survive any termination of this

Agreement.

7. Limited Warranty.

Except if You are purchasing a Trial License with a limited trial period,

for a period of sixty (60) days from the date You purchase the Software (the

“Warranty Period”), BLUESTSOFT and its licensors warrant only that the

Software will perform substantially in accordance with the specifications

stated for the Software in the accompanying written end-user documentation.

THIS WARRANTY SHALL NOT APPLY TO ANY SOFTWARE WHICH HAS BEEN ABUSED,

MISUSED, DAMAGED IN TRANSPORT, ALTERED, NEGLECTED, OR SUBJECTED TO

UNAUTHORIZED REPAIR OR INSTALLATION, AS REASONABLY DETERMINED BY BLUESTSOFT.

THE FOREGOING LIMITED WARRANTY SHALL NOT APPLY IF YOU ARE PURCHASING A TRIAL

LICENSE WITH A LIMITED TRIAL PERIOD.

NOTWITHSTANDING ANYTHING ELSE HEREIN, THE ENTIRE LIABILITY OF BLUESTSOFT

AND ITS LICENSORS, AND YOUR EXCLUSIVE REMEDY FOR A BREACH OF THE FORGOING

WARRANTY, SHALL BE, AT BLUESTSOFT’S OPTION AND EXPENSE: (A) REPAIR OR

REPLACEMENT OF THE SOFTWARE FOR SOFTWARE THAT MEETS THE WARRANTY OR (B) A

REFUND OF THE PURCHASE PRICE PAID BY YOU FOR THE SOFTWARE AMORTIZED OVER A

FIVE (5) YEAR PERIOD, IN BOTH CASES WHERE THE SOFTWARE IS RETURNED TO

BLUESTSOFT ACCORDING TO THE CLAIM PROCEDURE BELOW, WITHIN THE WARRANTY

PERIOD.

8. Warranty Disclaimer.

THE LIMITED WARRANTY SET FORTH IN SECTION 7 IS THE ONLY WARRANTY PROVIDED BY

BLUESTSOFT AND DOES NOT APPLY IF YOU ARE PURCHASING A TRIAL LICENSE. EXCEPT

FOR THE FOREGOING, THE SOFTWARE AND ANY SERVICES ARE PROVIDED “AS IS” AND

BLUESTSOFT MAKES NO WARRANTY OF ANY KIND WITH REGARD TO THE SOFTWARE OR ANY

SERVICES PROVIDED BY BLUESTSOFT HEREUNDER. BLUESTSOFT EXPRESSLY DISCLAIMS

ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY

IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR

NONINFRINGEMENT.

BLUESTSOFT does not warrant that: (i) the functions contained in the

Software will meet your requirements or operate in the combination that you

may select for use; (ii) the operation of the Software will be uninterrupted

or error free; or (iii) defects in the Software will be corrected. No oral

or written statement by BLUESTSOFT, or any of its distributors, licensors,

representative, or dealers, shall create a warranty or increase the scope of

this warranty.

BLUESTSOFT DOES NOT WARRANT THE SOFTWARE AGAINST INFRINGEMENT OR THE LIKE

WITH RESPECT TO ANY UNITED STATES OR INTERNATIONAL COPYRIGHT, PATENT, TRADE

SECRET, TRADEMARK, OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY AND DOES

NOT WARRANT THAT THE SOFTWARE DOES NOT INCLUDE ANY VIRUS, SOFTWARE ROUTINE,

OR OTHER SOFTWARE DESIGNED TO PERMIT UNAUTHORIZED ACCESS, TO DISABLE, ERASE,

OR OTHERWISE HARM SOFTWARE, HARDWARE, OR DATA, OR TO PERFORM ANY OTHER SUCH

ACTIONS.

9. Limitation of Liability.

NOTWITHSTANDING ANYTHING ELSE HEREIN, UNDER NO CIRCUMSTANCES AND UNDER NO

LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE,

STRICT LIABILITY, OR OTHERWISE, SHALL BLUESTSOFT OR ITS LICENSORS BE LIABLE

TO YOU OR ANY OTHER PERSON (I) FOR ANY PUNITIVE, INDIRECT, SPECIAL,

INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT

LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE,

ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, OR DAMAGES RESULTING

FROM YOUR USE OF THE SOFTWARE OR THE SERVICES PROVIDED BY BLUESTSOFT, OR

(II) FOR ANY MATTER BEYOND BLUESTSOFT OR ITS LICENSOR’S REASONABLE CONTROL.

BLUESTSOFT’S AND ITS LICENSOR’S MAXIMUM LIABILITY FOR DAMAGES OF ANY KIND

WHATSOEVER ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO THE PURCHASE

PRICE PAID BY YOU FOR THE SOFTWARE, EXCEPT WHERE NOT PERMITTED BY APPLICABLE

LAW, IN WHICH CASE BLUESTSOFT’S LIABILITY SHALL BE LIMITED TO THE MINIMUM

AMOUNT PERMITTED BY SUCH APPLICABLE LAW. THE FOREGOING LIMITATIONS SHALL

APPLY EVEN IF BLUESTSOFT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH

DAMAGES.

10. Export.

You agree to comply with all laws, rules, and regulations applicable to the

export of the Software or the Documentation. Specifically, you shall not

export, re-export, or transship the Software or the Documentation, or the

direct product thereof, in violation of any United States or other laws and

regulations which may from time to time be applicable. None of the Software

or underlying information or technology may be downloaded or otherwise

exported or re-exported: (i) into (or to a national or resident of) Cuba,

Iran, Iraq, Libya, Serbia, Montenegro, North Korea, Syria, or any other

country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S.

Treasury Department's list of Specially Designated Nationals or the U.S.

Commerce Department's Table of Denial Order. By using the Software, you are

agreeing to the foregoing and you are representing and warranting that you

are not located in, under the control of, or a national or resident of any

such country or on any such list.

11. High Risk Activities.

The Software is not fault-tolerant and is not designed, manufactured, or

intended for use or resale as online equipment control equipment in

hazardous environments requiring fail-safe performance, such as in the

operation of nuclear facilities, aircraft navigation or communication

systems, air traffic control, direct life support machines, or weapons

systems, in which the failure of the Software could lead directly to death,

personal injury, or severe physical or environmental damage. BLUESTSOFT,

and each of its distributors, licensors, representative, or dealers,

specifically disclaim any express or implied warranty of fitness for any

high risk uses listed above.

12. Indemnity.

You agree that BLUESTSOFT shall have no liability whatsoever for any use You

make of the Software. You shall indemnify and hold harmless BLUESTSOFT from

any third party claims, damages, liabilities, costs and fees (including

reasonable attorney fees) arising from Your use of the Software as well as

from Your failure to comply with any term of this Agreement.

13. Volume License Installation Process and Support Terms.

This Section only applies to You if You are purchasing a Volume License.

a. Irrespective of the number of seats You have purchased, You should

receive at least one object code copy of the Software in a box per site (a

“Boxed Copy”), a “multiple user installation license key” in order to

install the Software on the number of computers for which You have purchased

seats, and a printed guide to installing the Software on multiple computers.

b. Support in connection with Your purchase of a Volume License shall

be provided in accordance with BLUESTSOFT’s then-standard support terms and

conditions for volume license purchasers effective in the territory in which

You use the Software.

c. If you receive any separate volume license agreements from

BLUESTSOFT, any additional terms in such agreements will apply to You and

any terms of this Agreement that conflict with such separate agreements

shall not apply to You.

14. Government Restricted Rights.

If You are an agency, department, or other entity of the United States

Government ("Government"), the use, duplication, reproduction, release,

modification, disclosure or transfer of the Software, or any related

documentation of any kind, including technical data or related manuals, is

restricted in accordance with Federal Acquisition Regulation 12.212 for

civilian agencies and Defense Federal Acquisition Regulation Supplement

227.7202 for military agencies. This Software is commercial computer

software and the related documentation is commercial computer software

documentation. The use of the Software and related documentation is further

restricted in accordance with the terms of this Agreement, or any

modification hereto. BluestSoft, Inc. is located at 2102 Business Center

Dr., Suite 130 Irvine, California 92612.

15. General.

This Agreement and the terms of any Volume License Agreement provided to You

(if any) represent the complete agreement concerning this license between

the parties and supersedes all prior agreements and representations between

them. This Agreement may be amended only by a writing executed by both

parties. If any provision of this Agreement is held to be illegal or

unenforceable, that provision shall be limited or eliminated to the minimum

extent necessary to make it legal and enforceable and this Agreement shall

otherwise remain in full force and effect and enforceable. The failure of

BLUESTSOFT to act with respect to a breach of this Agreement by You or

others does not constitute a waiver and shall not limit BLUESTSOFT’s rights

with respect to such breach or any subsequent breaches. This Agreement is

personal to You and may not be assigned or transferred for any reason

whatsoever without BLUESTSOFT’s prior written consent and any action or

conduct in violation of the foregoing shall be void and without effect.

BLUESTSOFT expressly reserves the right to assign this Agreement and to

delegate any of its obligations hereunder. This Agreement shall be governed

by and construed under California law (without regard to its conflicts of

laws provisions) as such law applies to agreements between California

residents entered into and to be performed within California. The sole and

exclusive jurisdiction and venue for actions arising under this Agreement

shall be the State and Federal courts in Orange County, California; You

hereby agree to service of process in accordance with the rules of such

courts. The party prevailing in any dispute under this Agreement shall be

entitled to its costs and legal fees.

Each party recognizes and agrees that the warranty disclaimers and liability

and remedy limitations in this Agreement are material bargained for bases of

this Agreement and that they have been taken into account and reflected in

determining the consideration to be given by each party under this Agreement

and in the decision by each party to enter into this Agreement.

16. ADVICE OF COUNSEL.

YOU ACKNOWLEDGE, CONFIRM, AND AGREE THAT YOU HAVE READ AND UNDERSTOOD THE

MEANING AND EFFECT OF EACH AND EVERY PROVISION OF THIS AGREEMENT, AND ANY

THIRD PARTY SOFTWARE LICENSE AGREEMENT, IF ANY, WAS AFFORDED THE OPPORTUNITY

TO CONSULT IN ITS NATIVE LANGUAGE WITH AN ADVISOR OF YOUR OWN CHOOSING, AND

WERE AFFORDED THE OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL OF YOUR OWN

CHOOSING PRIOR TO THE ACCEPTANCE HEREOF.

ummer 2008-02-24 15:07:43

gateway1450

Excellent company to deal with. Everyone said this software was unavailable.