End-User License Agreement Burnaware Premium

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS PRODUCT. This End User License Agreement for BurnAware Premium ("Software") is a legal agreement between you (either an individual or an entity) and Burnaware and its suppliers and licensors. The Software may include on-line services using wire/wireless networks and any combination of such products and Alpha, Beta, trial, pre-release, free, pay and premium versions of the products. By clicking on the "Accept" button, installing, copying or otherwise using the Software, you agree to be bound by the terms of this License Agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, CLICK ON THE "CANCEL" BUTTON AND/OR DO NOT INSTALL THE SOFTWARE.

Installing this software implies that you have read this license agreement, understand it, and agree to be bound by its terms and conditions.

1. GRANT OF LICENSE.
a) You may only use the Software for your private, non-commercial use. You may not use the Software in any way to provide, or as part of, any commercial service or application. Copies of content files are for your own personal use only and may not be distributed to third parties or performed outside your normal circle of family and social acquaintances.
b) You agree that you shall only use the Software and Documentation in a manner that complies with all applicable laws in the jurisdictions in which you use the Software and Documentation, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
c) You may not use the Software in an attempt to, or in conjunction with, any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.
d) You may not distribute pre-installed or portable version of the Software.
e) You may distribute the unregistered version of software freely, provided that all files are included and remain unmodified and that no extra files have been added to the package. You may not ask any money for the distribution. You may use the unregistered version of software free of charge for any purposes including commercial use.
f) Once you have registered, you will receive a personal key via e-mail. This key may not be copied, sold or lend. You have the non-exclusive right to use registered version of the software only by a single person, on a single computer at a time. You may physically transfer the software from one computer to another, provided that the software is used only by a single person, on a single computer at a time.

2. BETA RELEASE VERSIONS.
In the event that the Software is a beta release version, the terms of this Section shall apply. The beta release version software you are receiving can be modified functions, capabilities, features, specifications, general availability or other characteristics without further notice. You agree that the beta release versions are not suitable for production use and may contain errors affecting their proper operation.

3. AUTOMATIC COMMUNICATIONS FEATURES.
The Software consists of interactive Internet applications that perform a variety of communications over the Internet as part of their normal operation. The Software automatically communicates with Burnaware's servers on the Internet to check for updates to Burnaware's software, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions. Auto update sends information about installed Burnaware's products and components to the servers to determine upgrade availability. You are responsible for any telecommunications or other connectivity charges incurred through use of the Software.

4. RIGHTS.
Title, ownership, rights, and intellectual property rights in and to the Software and Documentation shall remain in Burnaware. The Software and the Services are protected by the copyright laws of international copyright treaties. Title, ownership, rights, and intellectual property rights in and to the content accessed through the Software and the Services ("Content") including the content contained in the Software media demonstration files, shall be retained by the applicable Content owner and may be protected by applicable copyright or other law. This license gives you no rights to such Content.

5. REFUND POLICY.
All software sales are final. We offer free, 10-day or unlimited, complete evaluation downloads of all of our products to ensure that the software meets your needs and functions on your machine. If that Evaluation time is not sufficient, customers can contact us and request a demo license key to further evaluate the software. We are willing to help you resolve any issues, but no refunds will be issued for the software due to the availability of a free evaluation. All purchases ordered from Burnaware are considered final once the License Key has been provided to the end-user customer. If your purchase was made through a third party merchant such as a reseller or retail store, this merchant's sales and refund policy applies to your purchase. Under no circumstances will Burnaware issue refunds for purchases made through a third party merchant.

6. LIABILITY.
THIS SOFTWARE IS DISTRIBUTED "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. YOU USE IT AT YOUR OWN RISK. THE AUTHOR WILL NOT BE LIABLE FOR DATA LOSS, DAMAGES, LOSS OF PROFITS OR ANY OTHER KIND OF LOSS WHILE USING OR MISUSING THIS SOFTWARE.

7. TERMINATION.
This License Agreement will automatically terminate if you fail to comply with any term hereof. No notice shall be required from Burnaware to effect such termination. You may also terminate this License Agreement at any time by notifying Burnaware in writing of termination. Upon any termination of this License Agreement, you shall immediately discontinue use of the Software, or certify destruction of, all full or partial copies of the Software, documentation and related materials provided by Burnaware. Your obligation to pay accrued charges and fees shall survive any termination of this License Agreement.

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