EULA

Software License Agreement for Enigma Recovery Desktop Software (“software”) and Enigma Cloud Recovery services (“services”), owned and operated by Enigma Digital Limited (Provider number 07788522) whose registered office is at 30 St Pauls Square, Birmingham, England, B3 1QZ.

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING ANY ENIGMA DIGITAL PRODUCTS. YOUR USE OF ANY ENIGMA DIGITAL PRODUCTS IS CONDITIONAL UPON ACCPETANCE OF THESE TERMS AS WELL AS OTHER TERMS WHICH CAN BE FOUND ON WWW.ENIGMA-RECOVERY.COM. BY USING ENIGMA DIGITAL PRODUCTS, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE WITH THE TERMS OF THIS LICENSE, DO NOT INSTALL AND/OR USE ENIGMA DIGITAL PRODUCTS.

1. General Terms

This license agreement is a legal agreement between you the end user, as an individual (hereafter referred to as “you” or the “customer”) and Enigma Recovery, operated by Enigma Digital Limited (hereafter referred to as “us”, “our”, “we”, the “Provider”, “Enigma Digital” or “Enigma Recovery”).

The Provider reserves the right to modify all or part of this Agreement at any time, effective immediately upon notice published on www.enigma-recovery.com. By continuing to use the product you indicate your acceptance of these terms and conditions including any modifications made by the Provider as permitted above. If the terms and conditions of this agreement are no longer acceptable to you, you must cease all use of and uninstall the software and services.

1.1 Application of these Terms

These terms form the basis upon which you may make use of our website, or software products and services, either as a guest or as a registered user. Use of our website includes accessing, browsing or registering to use our website. Use of our software and services includes but is not limited to, downloading, installing and recovering data.

2. Grant of license

2.1 System Requirements

Please note that there may be specific software and/or hardware requirements that will need to be met in order to use Enigma Digital services. In addition, use of and access to some features of our services may require you to register for an Enigma Digital account. An internet connection is required for some features of our software and services.

2.2 Permitted Usage

In accordance with the terms in this license, you are granted the following non-exclusive, non-transferable rights in using our software and/or services:

  1. You may use our software and/or services only in accordance with terms of this Agreement.
  2. You are entitled to download one free trial version of this software for use during the specified limited trial period. The limited features and conditions of the trial version may be subject to change by the Provider without prior notice. At the end of this trial period, you will be required to either uninstall the software or purchase an activation code. Once your payment has been processed, you will have unlimited access to the full version of the software. By purchasing and registering a full version of this software you declare it to be fit for your purposes.
  3. Backup Copy. You may make one backup copy of our software for archival and backup purposes only, provided the copy is kept in your possession and the copy maintains all copyright notices as well as any other proprietary documents contained in the original. Your use of any copy of the software is bound by the terms of this agreement.
  4. Identity of Licensee. The license granted is personal to you. You shall not permit any third party to access and or modify our software, nor shall you modify it on behalf of any third party.
  5. Confidentiality and Security. Software and services may only be used on devices personally owned by you. This software is not to be used on devices which are not owned by you and which you do not have prior permission to access.
  6. Lawful Use. This software may be used for lawful purposes only. It is to be used by you for the backup, retrieval and recovery of lawfully owned copyrighted and non-copyrighted material. You are not allowed to use this software to transfer any copyrighted material which you do not lawfully own in a way that is not acceptable to the copyright owner. You agree to use the software and services in compliance with all applicable laws, including local laws of the country or region in which you reside.

3. License restrictions

You may not, and you may not permit others to:

  1. Alter, merge, modify or adapt the software or services.
  2. Decompile, reverse engineer or dissemble the software or services.
  3. Rent, lease or sublicense the software or services for a fee.
  4. Place the software or services onto a server so that it is accessible via a public network.
  5. Distribute or publicise activation codes, algorithms or information used by the software or services without obtaining permission from the Provider.
  6. Distribute the software or services on CD-ROM, disk or other physical media for a fee without the permission of the Provider.
  7. Use any backup or archival copies of the software for any purpose other than to replace the original copy

4. Copyright

Our software and services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The uses of imagery, screenshots or logos of the are strictly prohibited without prior written approval from the Providers. All third-party trademarks are the property of their respective owners.

5. Grant of license

5.1 Consent to Use of Data

You acknowledge and agree that:

  1. The use of Provider’s software and services, may require certain personal data being stored on the Provider’s servers, either temporarily or for the length of an agreed subscription period, with your consent.
  2. You have the legal right to disclose all personal data under or in connection with the agreement, and authorise the Provider to store and process such personal data for the purpose of providing agreed services.
  3. Where personal data is requested, it will be processed only with your consent and upon your instruction.
  4. Where personal data is shared or stored, it will be treated securely, in accordance with Enigma Digital’s Privacy Policy, which can be found here: https://www.enigma-recovery.com/enigma-recovery-privacy-policy/
  5. You may at any time request that any personal data, previously provided to us, is removed from our system and that we stop processing personal information. To make such a request, please email [email protected] Upon receipt of such a request, we may require additional information to enable use to confirm the validity of the request and identify the data in question. Providing sufficient information, we will cease processing of personal data and ensure that no further data is processed, unless explicit consent is provided, and will remove any existing personal data, in compliance with relevant laws.
5.2 Use of Analytics
  1. The software and services use an integrated reporting and analysis tool to understand user behaviour in the software and improve customer experience. Such reporting includes number of software uses, number of features used and any error or crash reports.
  2. By using the software and services and agreeing to this license, you consent to such information being transmitted.
  3. Data collected by integrated analytics tools will not make you personally identifiable and will remain anonymous.

6. Confidentiality

6.1 The Provider will ensure that all confidential information will be kept confidential and will not be disclosed to any person unless expressly permitted by this Section 6.

6.2 The customer will ensure that they have permission to provide any and all confidential information.

6.3 Some confidential information may be disclosed to the Provider’s employees, agents, and partners, provided that the recipient is bound in writing to maintain confidentiality of any confidential information disclosed.

6.4 The obligations of this Section 6 will not apply to:

  1. Confidential information that is publicly known (other than through a breach of an obligation of confidence)
  2. Confidential information that is required to be disclosed by law, by a governmental authority or regulatory body, provided that the party subject to a disclosure requirement must where permitted by law give to the other party prompt written notice of the disclosure requirement.

6.5 The Provider may with the express permission of the customer use, publish or distribute a testimonial or reference.

7. Limitation of liability

7.1 To the maximum extent permitted by applicable law, this software and accompanying written materials are provided ‘as-is’ without warranties, either express or implied, of any kind.

7.2 You expressly acknowledge and agree that the entire risk arising out of the use or performance of the software and services and accompanying documentation remains with the recipient. Whilst we take reasonable care to ensure the proper operation of this software, neither the Providers nor anyone else who has been involved in the creation, production or delivery of the software will be held liable for any direct, indirect, consequential or incidental damages arising out of the use of or inability to use the software even if the Providers have been advised of the possibility of such damages – this includes but is not limited to the loss of data or information or damage to any equipment. This limitation of liability will apply whether the damages arise from use or misuse of and reliance on the software, from inability to use the software, or from the interruption, suspension or termination of the software.

7.3 You acknowledge that software and services are never completely free from defects, bugs and errors, and the Provider gives no warrant or representation that the software and services will be completely free from such errors, defects and bugs.

7.4 We cannot guarantee that our software will always be able to recover data from backup files. You should maintain your own independent copy of relevant backup files or recovered data.

8. Termination

This license is effective until terminated.

8.1 We may terminate your license and your right to use our software or services at any time with immediate effect upon written notice to you.

8.2 This license agreement and your right to use our software or services will automatically terminate if you:

  1. Fail to comply with any term(s) of this license
  2. Destroy the copies of the software in your possession

8.3 Upon termination of this agreement, you shall cease all use of Enigma Digital software and services, destroying all copies

8.4 If you have purchased the full version of the software and we terminate this agreement for a material breach you are not entitled to any refund of the original purchase price for the software.

8.5 You may terminate this agreement at any time without prior warning and without notifying Enigma Recovery. If you choose to do this, you must uninstall and delete any copies of the software and documentation in your possession.