THE SOFTWARE ("Dual-boot Repair") IS PROVIDED UNDER THE TERMS OF THIS LICENSE AGREEMENT ("AGREEMENT" OR "LICENSE"). THE SOFTWARE IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE SOFTWARE OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED. BY EXERCISING ANY RIGHTS TO THE SOFTWARE PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR, BO YANS GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS. 1. THE SOFTWARE As used in this Agreement, the term "Software" refers to the "Dual-boot Repair" software and program code contained therein which you have elected to install. The term "Software" also shall include any upgrades, modified versions or updates of the Software made available to you. The Software is deemed accepted by you upon installation of the Software. The term "Software" also includes any third party software made available to you. 2. THIRD PARTY SOFTWARE Certain third party software and images included with the Software are subject to additional terms and conditions imposed by the third party copyright holder(s). Windows Vista, Windows 7, bcdboot.exe, bootsect.exe, bcdedit.exe and Windows as well as certain images used are all registered trademarks of the Microsoft Corporation, with all appropriate Licenses and Copyright held by and owned by the aforesaid. Bo Yans is totally independent of the Microsoft Corporation. 3. THE LICENSE Subject to the terms of this Agreement, Bo Yans hereby grants you a non-exclusive, non-transferable right to install the Software, use the Software for your PERSONAL use, and copy the Software for back-up or archival purposes. Notwithstanding the foregoing, you may only install and use the Software if you are an individual (and then only for your personal home use) or if you are a notfor-profit charitable entity as set forth in U.S.C., Title 26, Section 501(c)(3) (excluding government entities and educational institutions). Business entities as well as Government and Educational institutions are required to contact Bo Yans and enter into a direct License Agreement for the use of the Software in the specific circumstances relating to the intended use. Bo Yans may
be contacted at: "boyans.gm@gmail.com".
4. THE TITLE You agree that no title to the intellectual property in the Software, is transferred to you. Title, ownership, rights, and intellectual property rights in and to the Software shall remain in Bo Yans. The Software is protected by the intellectual property laws of the United States and other countries and by international treaties. 5. THE LICENSE RESTRICTIONS You acknowledge that the foregoing License extends only to your use of the features and functionality of the Software as described in the online documentation accompanying the version of the Software installed by you, and you agree not to reconfigure or modify the Software in order to enable features or functionality different than those described in such documentation. You may not: (i) reverse engineer, decompile, or disassemble the Software; (ii) modify, or create derivative works based upon, the Software in whole or in part; (iii) distribute copies of the Software; (iv) remove any proprietary notices or labels on the Software; or (v) resell, lease, rent, transfer, sublicense, or otherwise transfer rights to the Software. Any use in violation of this Section shall immediately terminate your License to the Software and result in the appropriate legal action being taken to remedy the rights of Bo Yans. 6. REPRESENTATIONS, WARRANTIES AND DISCLAIMER Unless otherwise mutually agreed by the parties in writing, licensor offers the software as-is and makes no representations or warranties of any kind concerning the work, express, implied, statutory or otherwise, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, noninfringement, or the absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not discoverable. Some jurisdictions do not allow the exclusion of implied warranties, so such exclusion may not apply in such jurisdictions. 7. LIMITATION ON LIABILITY Except to the extent required by applicable law, in no event will the licensor or the author be liable on any legal theory for any special, incidental, consequential, punitive or exemplary damages arising out of this License or the use of the software, even if the licensor and/or the original author has been advised of the possibility of such damages. 8. JURISDICTION
This Agreement will be governed by the laws of the United States
of America as they are applied to agreements between residents of the United States of America entered into and to be performed entirely within the United States of America. By installing and using the Software you agree to be bound by these laws and international treaties upholding their enforcement irrespective of your country of domicile. 9. TERMINATION This License and the rights granted hereunder will terminate automatically upon any breach by you of the terms of this License. Subject to the above terms and conditions, the License granted here is perpetual (for the duration of the applicable copyright in the Software). Notwithstanding the above, the Licensor reserves the right to release the Software under different license terms or to stop distributing the Software at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.