PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THIS SOFTWARE. THIS LICENSE PROVIDES IMPORTANT INFORMATION CONCERNING THE SOFTWARE PROVIDES YOU WITH A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY AND LIABILITY INFORMATION. BY USING THE SOFTWARE, YOU ARE ACCEPTING THE SOFTWARE "AS IS" AND AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT WISH TO DO SO, DO NOT USE THE SOFTWARE.
GENERAL
Notice to user:
This End User License Agreement (EULA) is a CONTRACT between you (either an individual or a single entity, hereinafter referred to as "You") and EdbMails. which covers Your use of the EdbMails software that accompanies this EULA and related software components, which may include associated media, printed materials, and "online" or electronic documentation. All such software and materials are referred to herein as "Software". Throughout this EULA, EdbMails service (the "Service") offered by Shifttocloud. Some applications of the Service may implement open source code released under the GNU General Public License ("GPL"). Please read the GPL as well as the Privacy Policy, which are incorporated into these Terms. A software license, issued to a designated user only by EdbMails or its authorized agents, is required for each user of the Software. If you do not agree to the terms of this EULA, then do not install or use the Software or the Software License. By explicitly accepting this EULA, however, or by installing, copying, downloading, accessing, or otherwise using the Software and/or Software License, You are acknowledging and agreeing to be bound by the following terms.
USING ANY PART OF THE SOFTWARE INDICATES THAT YOU ACCEPT THESE TERMS.
This license is for will be for few computers based on the product you choose to use. Each license of the software may additionally have limits imposed on the features and/or its use. These will be presented our website of the products and/or in other documentation and forms part of this EULA/contract/agreement.
We are providing our software for free (limited period).
GRANT OF NON-EXCLUSIVE LICENSE.
(a) Software License. The Software License, which is issued to a designated user, enables such designated user to use in few computers based on the product you choose to use. Additional computer in use by the Software require an additional Software License. You may not modify or create derivative copies of the Software License.
(b) Grant of License. Subject to a validly issued Software License, EdbMails grants to You the non-exclusive, non-transferable right for You to use the Software on computers running a validly licensed copy of the operating system for which the Software was designed. You may not modify or create derivative copies of the Software. All rights not expressly granted to You are retained by EdbMails.
(c) Backup Copy: Software. You may make copies of Software as reasonably necessary for the use authorized above, including as needed for backup and/or archival purposes. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software.
(d) Backup Copy: Software License. You may install each Software License on a single computer and make copies of the Software License as necessary only for backup and/or archival purposes. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software License.
Click here for Exchange, Office 365 backup and migration Licensing
INTELLECTUAL PROPERTY RIGHTS RESERVED BY EdbMails.
The Software is protected by U.S. and international copyright laws and treaties, as well as other intellectual property laws and treaties. You must not remove, alter, or obscure any copyright notices on any copies of the Software unless authorized by EdbMails. This Software copy is licensed, not sold. Furthermore, this EULA does not grant You any rights in connection with any trademarks or service marks of EdbMails. EdbMails reserves all intellectual property rights, including copyrights and trademark rights.
NO RIGHT TO TRANSFER.
You may not rent, lease, lend, sub-lease, or in any way distribute or transfer any rights in this EULA or the Software to third parties without written approval from EdbMails and subject to written agreement by the recipient of the terms of this EULA.
OWNERSHIP
This license provides You with limited rights to use the Software. EdbMails retains all ownership, right, title and interest in, to and of the Software and all copies of it. All rights not specifically granted in this license, including domestic and international copyrights, are reserved by EdbMails.
PROHIBITION ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY.
You may not reverse engineer, decompile, defeat license encryption mechanisms, or disassemble the Software or Software License except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
SUPPORT SERVICES.
EdbMails may provide You with support services related to the Software. Use of any such support services is governed by the EdbMails and/or EdbMails policies and programs described in "online" documentation and/or other materials provided by EdbMails . Use of any such support services and/or any supplemental software code or related materials that EdbMails provides to You as part of the support services is to be considered part of the Software and is subject to the terms and conditions of this EULA.
EdbMails will only charge for the application license and it will only provide application related support and not the execution of your complete recovery / migration operation. It is your responsibility to demand documented guidance from the Support and You will be responsible for the activities other than the application assistance requested / demanded from the Support.
With respect to any technical information You provide to EdbMails as part of the support services, we may use such information for our business purposes without restriction, including for product support, marketing, development and/or any other purpose as deemed reasonable by EdbMails. EdbMails will not use such technical information in a form that personally identifies you.
EdbMails reserves the right to charge You for any and all support requests that EdbMails and/or its authorized agents deem to be excessive or a misuse of the support services provided to You under this EULA. EdbMails and its authorized agents will be the sole judge in what is deemed an excessive or a misuse of the support services, and any and all associated charges and fees.
Abuse and/or threatening behavior towards any EdbMails employees and/or authorized agents during the course of any support services provided to You by EdbMails will not be tolerated and EdbMails reserves the right to terminate this EULA under clause sixteen (16) below.
LIFECYCLE POLICY
EdbMails determines, at its sole discretion, when a EdbMails version will be designated "End of Life" and when the "End of Life" date will be. When a EdbMails version reaches its "End of Life", support, patches and fixes will no longer be provided for that version. This does not affect any written obligations where EdbMails has previously agreed to support a version for a specific period of time.
EdbMails will make reasonable effort to provide "End of Life" announcements at least one year in advance in the form of letter, fax, email and/or by EdbMails posting notifications on the EdbMails website.
If you would like to continue using a version past "End of Life" of that version you may do so without receiving support from EdbMails.
UPDATES AND ADDITIONAL SERVICES/COMPONENTS
This EULA applies to updates, supplements, add-on components of the Software that EdbMails may provide to you or make available to you after the date you obtain your EdbMails license, unless we provide other terms along with the update, supplement, add-on component.
EdbMails reserves the right to discontinue any addon-on components provided to you or made available to you through the use of EdbMails.
EdbMails application integrated with many products such as EDB Recovery, OST Recovery etc. Only the products that you have purchased license will work as full version.
FURTHER RESTRICTIONS IMPOSED BY THIS EULA.
By accepting the conditions of this EULA as defined in clause one (1) above, You agree and understand:
(a) You shall not use in whole or part, any code which is considered proprietary of EdbMails Software in any other software that would be freely distributed or commercially resold. You shall not modify, alter, change or otherwise make any modification to the Software or create derivative works based upon the Software. Any attempt to do so shall be void and of no effect.
NO WARRANTIES.
YOU ACCEPT THE SOFTWARE AND SOFTWARE LICENSE "AS IS", AND EdbMails (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) MAKE NO WARRANTY AS TO ITS USE, PERFORMANCE, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EdbMails (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
LIMITATION OF LIABILITY.
THIS LIMITATION OF LIABILITY IS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT INCLUDING NEGLIGENCE SHALL EdbMails (OR ITS THIRD PARTY SUPPLIERS, LICENSORS, AND PAST, CURRENT OR FUTURE EMPLOYEES) BE LIABLE FOR ANY COSTS OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THIS EULA OR THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF EdbMails HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EdbMails DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. FURTHERMORE, EdbMails DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT EdbMails AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IN ANY CASE, EdbMails (AND ITS THIRD PARTY SUPPLIERS, LICENSORS, AND PAST, CURRENT OR FUTURE EMPLOYEES) ENTIRE LIABILITY ARISING OUT OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR U.S. $1.00.
PRIVATE ENCRYPTION KEY
Should you choose to use a user defined private key for encrypting your data, EdbMails personnel will not have access to this key and it will not be stored on the EdbMails servers. It is very important that you store your user defined private encryption key in a safe place and maintain this key in printed form for reference. If you forget or misplace this key then your data may not be retrievable. EdbMails is NOT responsible for loss of data arising as a result of such cases.
PAYMENTS, SALES AND REFUNDS
a. Payment of Fees: You must pay all fees to use our complete application.
b. Upgrading, Downgrading, or Switching Solution: The amount you pay for the Software is dependent on the Solution selected. If you elect to switch to a Solution which costs, EdbMails will invoice you for the difference amount owed. If you switch to a Solution which costs less, EdbMails will not be required to refund any prepaid amount. The price of the higher subscription is a function of the cost of the solution.
c. Price Changes: EdbMails reserves the right to change prices at any time.
d. Credit Card Billing: If you choose to pay by credit or debit card you authorize EdbMails to debit your account Invoice fees, if any, from your card. EdbMails uses a third-party intermediary to manage credit card processing and this intermediary is not permitted to store, retain, or use your billing information except to process your credit card information for EdbMails.
e. Reseller / Payment gateway: We abide by the decision of the Reseller / Payment gateway for any issues that are addressed by the Reseller / Payment gateway.
f. Evaluation: The evaluation software available for free, allow the user to export few mails of each mail box. If you are a new customer and need to evaluate the tool, you register in our website and start using the Application. No time limitation for this.
g. Cancel & Refunds:
30 Days Money Back Guaranteed!
EdbMails guarantees 100% Money Back within 30 days of its purchase, in the following cases:
- Full Version results are different from the demo version results.
For example: The Data extracted and exported are completely different in the demo and the paid versions. Our support team shall verify the case and try to extract the data in our secured lab and if they also fail to extract and export then the money shall be fully refunded. - The Data extracted is not complete even after our support intervention.
Our software always recovers maximum data but if in case you find it otherwise, we will try to recover your data in our lab, and if you are not satisfied with the extraction results it shall qualify for automatic refund.
However, before you proceed to use our paid version
Use of Demo Version is strongly recommended.
There are millions of corruption reasons and computer configurations which should tested with our Demo version which is “Try before you Buy” facility.
The functionality of demo and full version of our software is exactly the same and hence trying the demo will provide you with clear idea about how much recovery is possible in your particular case. EdbMails uses forensic data recovery technique for EDB files. To know the actual extraction and its data, we strongly recommend you to download and use the free demo version of the software before proceeding further to purchase.
EdbMails may not able to repair all the EDB files. That is, if the EDB file is corrupted beyond repair capability of the EdbMails application, then EdbMails may fail to recover the file.
If you find that the demo version is not working or not delivering the desired results, then please contact to resolve the issue.
EdbMails DOES NOT GUARANTEE Refund in the following cases:
- EdbMails uses forensic recovery techniques to extract data from offline EDB, OST, PST, and other files. While we strive for accuracy in our forensic data recovery, there may be some data accuracy issues specific to your file(s) recovery. In such cases, we ask that you report the issue to EdbMails and allow our development team time to address the issue. However, please note that due to limitations in forensic data recovery extraction, we cannot guarantee 100% accuracy. We recommend using the online export and migration features of EdbMails because these features do not rely on forensic data recovery techniques and are designed to ensure the accuracy of your data.
- Internet access is necessary for the EdbMails application to function properly, including login and any online migration, export, or backup. Please be aware that EdbMails is not a monitored service, so we highly recommend that you verify the logs to confirm that your migration, export, or backup is up-to-date. Keep in mind that these processes may fail due to various reasons such as internet connectivity issues, authentication problems, firewall restrictions, anti-virus program blocks, and system configuration changes to your computer. To ensure that the EdbMails application runs smoothly and securely, we advise that you regularly update it to the most recent version. You can find the release dates for updates on the product download pages.
- If a throttling error occurs during the migration process, it may lead to missing emails and files. In such cases, we recommend performing another migration to ensure that all data is transferred successfully. Additionally, it is important to ensure that the necessary settings for your Exchange Server are taken care of before initiating the migration. Please note that any throttling errors that occur on Exchange or Office 365 servers are not related to EdbMails. As a result, it is the user's responsibility to contact Microsoft support to resolve any issues related to server throttling.
- If you fail to provide or upload the edb and stm files to our secured ftp server for further processing by us ( we are ready to sign the NDA – Non Disclosure Agreement if required to fulfill the security needs of your files, as we use those files only for technical analysis and not for any other reason whatsoever.)
- You do not wish to use our Software anymore after it has fulfilled its buying reason.
- You have not tried to install or have not used our Demo Version of the software and not extracted or exported.
- Demo has not been tried and it is found that software is not compatible with the Operating System or in client’s environment.
Refund process:
- The Refund process shall be automatic if our support team fails to procure, extract or export your data.
- The Refund shall credited back to the same credit card which was used for buying the software. Refund will appear in the next credit card statement, it can take 15 to 30 days in appearing in your credit card statement.
- If our technical support team has assisted in successfully finding alternate solution then that cost must be bear by you.
h. Discrepancies:
You have all right to raise a billing discrepancy, unless reported to us by calling or emailing us at within thirty (30) days after such discrepancy is charged to you.
i. Free Tool
Free tool will support 30 items export / migration from each and every mailboxes / folders.
j. Free Accounts:
We reserve the right to cancel Free Accounts at any time, with or without notice. If a Free Account is inactive for hundred (100) days, then we reserve the right to cancel the Free Account without providing any notice. An inactive account is an account where no login has occurred either through our website or from our application for a specified period of time. Free account that is Free and the major version upgrade will be not supported for account access. That is, for instance, you have created Free account with application version 1.0.0.0. Now the application major version (2.0.0.0) has been changed, and you will not be able to upgrade the application and access using Free account. Application major version number will be changed when there is critical feature upgrade within the application.
k. Taxes: Unless otherwise stated, EdbMails charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively "Taxes"). You are responsible for paying Taxes except those assessable against EdbMails based on its income. EdbMails will invoice you for such Taxes if EdbMails believes there is a legal obligation to do so and you agree to pay such Taxes if so invoiced.
GOVERNING LAW; ENTIRE AGREEMENT.
This EULA is governed by the laws of the Jurisdictions Bangalore India excluding the application of its conflict of law rules. The United Nations Convention for the International Sale of Goods shall not apply. This EULA is the entire agreement between us and supersedes any other communications or advertising with respect to the Software. If for any reason a court of competent jurisdiction finds any provision of this License or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this License shall continue in full force and effect.
COSTS OF LITIGATION
If any action is brought by either party to this EULA against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation.
TERMINATION WITHOUT PREJUDICE TO ANY OTHER RIGHTS.
This license agreement is effective until terminated. You may terminate this license agreement at any other time by destroying all complete and partial copies of the Software, related documentation and all copies thereof in Your possession. This license and Your rights hereunder shall automatically terminate without notice from EdbMails if You fail to comply with any provision of this license. This License is also immediately terminated for whatever reason and You no longer have any rights to use the product covered under this agreement. Upon such termination, You shall cease all use of the Software and delete the Software and destroy all copies of the Software and other materials related to the Software in Your possession or under Your control.
No discussion will be entertained by EdbMails and/or its authorized agents in the event this EULA is terminated under this clause eleven (11).
UPDATES TO THIS EULA.
EdbMails reserves the right to update and modify this EULA at any time and such changes will take affect fifteen (15) calendar days from the date they are published. Notification of changes and updates will be posted in the EdbMails website, located at: http://edbmails.com. It is the Your responsibility to check the EdbMails website for any EULA updates on a regular basis. In the event You disagree with the updated EULA, You must notify EdbMails within fifteen (15) days, and this EULA will be terminated as detailed in clause eleven (11) above. If You do not notify EdbMails within fifteen (15) days after the notification of an updated EULA is posted, You are acknowledging and agreeing to be bound by the updated version of this EULA.
This publication of the EdbMails EULA is correct at time of writing.
GENERAL PROVISIONS
This Agreement contains the complete agreement between the parties with respect to the subject matter hereof and the related documentation, and supersedes all prior or contemporaneous agreements or understandings, written or oral, regarding such subject matter.
CONTACT INFORMATION.
If you have any questions about this EULA, or if you want to contact EdbMails. for any reason, please direct all correspondence to: