End User License Agreement for the fileXray Software

PLEASE READ THIS SOFTWARE END USER LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE PURCHASING OR USING THE fileXray SOFTWARE (DEFINED BELOW). BY USING THE fileXray SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE fileXray SOFTWARE.

IMPORTANT NOTE: This software may be used to reproduce, modify, publish and distribute materials. It is licensed to you only for reproduction, modification, publication and distribution of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce, modify, publish and distribute. If you are uncertain about your right to copy, modify, publish and distribute any material you should contact your legal advisor.

1. General. The software, including any and all of its versions and variations, tools, utilities, sample or example code, documentation, and other materials accompanying this License, whether on disk, print or electronic documentation, in read only memory, or any other media (collectively, the “fileXray Software”) are licensed, not sold, to you by iohead LLC (“iohead”) and/or iohead’s licensors. The rights granted herein are limited to iohead’s and/or iohead’s licensors’ respective intellectual property rights in the fileXray Software and do not include any other patents or intellectual property rights. You own the media on which the fileXray Software is recorded but iohead and/or iohead’s licensors retain ownership of their respective portions of the fileXray Software itself. The terms of this License will govern any software upgrades provided by iohead that replace and/or supplement the original fileXray Software, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

2. License Types. The fileXray Software is made available to you under the terms of one of two license types depending on which license type you purchased: the Professional-Use License or the Personal-Use License.

3. Permitted License Uses and Restrictions.

A. fileXray Software with the Professional-Use License. If you purchased the Professional-Use License and if you use the fileXray Software, you are subject to all the terms of this License except the terms in Section 3.B. The Professional-Use License is a single-user single-installation license. It is valid for a single user using the fileXray Software on a single physical computer. It permits the fileXray Software to be used by businesses, agencies, and organizations as long as the single-user single-installation terms are adhered to. You may use the fileXray Software only in compliance with the permitted use as defined in this Section 3.A.

B. fileXray Software with the Personal-Use License. If you purchased the Personal-Use License and if you use the fileXray Software, you are subject to all the terms of this License except the terms in Section 3.A. The Personal-Use License is a single-user multiple-installation license for individuals. It permits the fileXray Software to be used by a single user on any number of that user’s personal machines in the same household. It does not permit use by businesses, agencies, or organizations. You may use the fileXray Software only in compliance with the permitted use as defined in this Section 3.B.

C. Other Restrictions. Except as and only to the extent expressly permitted by this License or to the extent that the following restrictions are prohibited by applicable law, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of the fileXray Software, modify, decrypt, create derivative works of, incorporate into or compile in combination with your own programs, sublicense or otherwise redistribute the fileXray Software.

4. Transfer. You may not rent, lease, lend, redistribute or sublicense the fileXray Software. NFR (Not for Resale) and Evaluation Copies: Notwithstanding other sections of this License, fileXray Software labeled as Not for Resale or Evaluation by iohead, or otherwise provided to you by iohead on a promotional basis may only be used for demonstration, testing and evaluation purposes and may not be resold or transferred.

5. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from iohead if you fail to comply with any term(s) of this License. In some cases, the specific license you receive may have an expiration date. If so, your rights under this License will terminate automatically on the expiration date without notice from iohead.

6. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE fileXray SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE fileXray SOFTWARE IS PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND IOHEAD LLC AND IOHEAD LLC’S LICENSORS (COLLECTIVELY REFERRED TO AS “IOHEAD” FOR THE PURPOSES OF SECTIONS 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE fileXray SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. IOHEAD DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE fileXray SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE fileXray SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE fileXray SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE fileXray SOFTWARE WILL BE CORRECTED. YOU FURTHER ACKNOWLEDGE THAT THE fileXray SOFTWARE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE fileXray SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY IOHEAD OR AN IOHEAD AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE fileXray SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

7. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL IOHEAD BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE fileXray SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF IOHEAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. Export Control. You may not use or otherwise export or reexport the fileXray Software except as authorized by United States law and the laws of the jurisdiction(s) in which the fileXray Software was obtained. In particular, but without limitation, the fileXray Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the fileXray Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the fileXray Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, chemical or biological weapons.

9. Third Party Acknowledgements. Portions of the fileXray Software may utilize the following copyrighted material, the use of which is hereby acknowledged.

A. Apple Inc. (partition parsing)
Copyright 1996,1997,1998 by Apple Computer, Inc.
All Rights Reserved

Permission to use, copy, modify, and distribute this software and its documentation for any purpose and without fee is hereby granted, provided that the above copyright notice appears in all copies and that both the copyright notice and this permission notice appear in supporting documentation.APPLE COMPUTER DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL APPLE COMPUTER BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.

B. The NetBSD Foundation Inc. (number formatting)
Copyright (c) 1997, 1998, 1999, 2002 The NetBSD Foundation, Inc.
All rights reserved.

This code is derived from software contributed to The NetBSD Foundation by Jason R. Thorpe of the Numerical Aerospace Simulation Facility, NASA Ames Research Center, by Luke Mewburn and by Tomas Svensson.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
3. All advertising materials mentioning features or use of this software must display the following acknowledgement: This product includes software developed by the NetBSD Foundation, Inc. and its contributors.
4. Neither the name of The NetBSD Foundation nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE NETBSD FOUNDATION, INC. AND CONTRIBUTORS “AS IS” AND 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 FOUNDATION 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.

C. Christos Zoulas (magic library)
Copyright (c) 2008 Christos Zoulas
All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

THIS SOFTWARE IS PROVIDED BY THE NETBSD FOUNDATION, INC. AND CONTRIBUTORS “AS IS” AND 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 FOUNDATION 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.

D. The OpenSSL Project (standard functions)
Copyright (c) 1998-2003 The OpenSSL Project. All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
3. All advertising materials mentioning features or use of this software must display the following acknowledgment: “This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit. (http://www.openssl.org/)”
4. The names “OpenSSL Toolkit” and “OpenSSL Project” must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact openssl-core@openssl.org.
5. Products derived from this software may not be called “OpenSSL” nor may “OpenSSL” appear in their names without prior written permission of the OpenSSL Project.
6. Redistributions of any form whatsoever must retain the following acknowledgment: “This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/)”

THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT “AS IS” AND ANY EXPRESSED 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 OpenSSL PROJECT OR ITS 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.

E. Csaba Henk (ublio library)
Copyright 2006 Csaba Henk <csaba.henk@creo.hu>
All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

THIS SOFTWARE IS PROVIDED BY THE AUTHOR “AS IS” AND 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 AUTHOR 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.

10. Additional Bundled Software. The fileXray Software includes a copy of the NuFS Software, which is also an iohead product. By using the fileXray Software, you are also agreeing to be bound by the terms of NuFS Software End User License Agreement.

11. Online Version of this License. An online version of this License is available at:

http://iohead.com/legal/fileXray/

An online version of the NuFS Software End User License agreement is available at:

http://iohead.com/legal/NuFS/

12. fileXray Software End User License Agreement Version: 1

If you agree to the terms of this license, you may use the above version number to run the fileXray Software installer in non-interactive mode.