DefragMentor Premium 2.0 Beta

Copyright (C) 1999-2003 DefragMentor Software

Web-site: http://defragmentor.com
E-mail:   mailbox@defragmentor.com

NOTE that this BETA VERSION will be expired on 20th of 
February 2004. Once it is expired it will need to be replaced with 
an up-to-date version available at our Web-site.

INTRODUCTION

DefragMentor Premium is a file defragmentation product, which 
improves performance of your personal computer or server by 
defragmenting large and system files.

Unlike competitors, DefragMentor Premium does not attempt to 
defragment your hard drive as a whole, but rather defragments 
certain sets of files (pre-set or user-defined), allowing very quick 
optimization of your system. With DefragMentor Premium key 
files affecting your computer performance will always be in a 
good shape thus making the system and applications work faster. 

DefragMentor Premium can be used by both IT System 
Administrators to defragment large database, system and shared 
files on a server, as well as by home/business users to defragment 
frequently used files such as mailboxes, personal databases, 
graphics and video files on their personal computers.

DefragMentor Premium features the wizard-like interface, so no 
specific knowledge is required to run a simple optimization. 
DefragMentor Premium can be set to start automatically when 
your system is idle.

SYSTEM REQUIREMENTS

DefragMentor Premium can be installed on any computer 
running Windows 2003, Windows XP or Windows 2000. If you 
want to use the product with Windows NT 4.0 make sure Service 
Pack 2 and Internet Explorer 5.0 or higher are installed.

With DefragMentor Premium you can defragment files on disks 
formatted in FAT, FAT32 and NTFS file systems with cluster 
size less than or equal to 4K.

To use DefragMentor Premium you must be a member of local 
Administrators group on the computer where the product is 
installed.

FEATURES

-- Safety first!
DefragMentor Premium uses the native Windows 
defragmentation support and does not access a hard drive 
directly. Therefore DefragMentor Premium is quite safe and 
under no circumstances can break the disk structure consistency.

-- Work with ease
Doing a complicated job for your computer performance 
DefragMentor Premium remains very easy to use. Even knowing 
nothing about computers you can still take a full advantage of the 
product. DefragMentor Premium features a clear Wizard-like 
interface. All tasks are broken down in a series of simple steps 
guiding you to a desired result.

-- Let DefragMentor determine which files are worth 
defragmenting
If you are in doubts, which files to defragment to make your 
computer work faster, rely on DefragMentor Premium and let it 
quickly identify those files for you.

-- Get your files defragmented while the computer is idle
The product comes with DefragMentor Screen Saver, which 
allows defragmenting frequently changed files while the 
computer is idle. Even more – if you wish, DefragMentor Screen 
Saver will do its job in background bringing your favorite screen 
saver to the front so that you can keep enjoying it.

-- Run defragmentation on schedule
With DefragMentor Premium you can schedule files for a 
recurrent defragmentation. Set any recurrence pattern (e.g. every 
day, weekly, etc.) and let DefragMentor Premium take care of 
your files. Does not matter if you are not logged in to the system 
or the computer is in a stand-by mode – DefragMentor Premium 
will execute the scheduled defragmentation automatically once 
its time comes.

-- Defragment key system files when Windows is starting up
Since some files affecting system performance are being used by 
Windows all the time, they can only be defragmented when 
Windows is starting up and DefragMentor Premium is up for the 
job – defragmenting virtual memory files, Registry and other 
system files in a breeze.

-- Start defragmentation right from the Windows Explorer
DefragMentor Premium is integrated with Windows Explorer 
thus letting you select files quickly and defragment them straight 
away.

-- Be up on everything DefragMentor does 
DefragMentor Premium keeps a detail log of all 
defragmentations and so you can see how successful they are at 
any time you want. The log however won't be growing out of 
your disk capacity as long as DefragMentor Premium deletes 
outdated records automatically.

HOW TO INSTALL

Run DMP20B.EXE and follow instructions of Setup Wizard. It 
takes just a few minutes to get the product installed.

HOW TO REMOVE

Open the DefragMentor Premium folder on Windows Start Menu 
and click Uninstall. 

HOW TO USE

Open the DefragMentor Premium folder on Windows Start Menu 
then click DefragMentor Premium and follow instructions of 
DefragMentor Wizard. See Help for more information.

LICENSE AGREEMENT

This is a legal agreement ("Agreement") between you (either an 
individual or an entity), the end user ("Recipient"), and 
DefragMentor Software Ltd. ("DefragMentor Software").  BY 
INSTALLING, COPYING OR OTHERWISE USING THE 
SOFTWARE (AS DEFINED BELOW), YOU AGREE TO BE 
BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU 
DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, 
DO NOT INSTALL, COPY OR USE THE SOFTWARE.
 
DEFRAGMENTOR SOFTWARE LICENSE AGREEMENT 
FOR THE PRE-RELEASE VERSION OF DEFRAGMENTOR 
PREMIUM 2.0

Accompanying this Agreement is a pre-release copy of the 
DefragMentor Software product identified above, which may 
include software, and related documentation and information 
(collectively the "Software"). The Software is protected by 
copyright laws and international copyright treaties, as well as 
other intellectual property laws and treaties. The Software is 
licensed, not sold.

1. GRANT OF LICENSE. This Agreement grants Recipient the 
following rights provided that Recipient complies with all terms 
and conditions of this Agreement:
(a) DefragMentor Software grants to Recipient a limited, non-
exclusive, nontransferable, worldwide, fully paid-up, royalty-free 
license to install, reproduce, and use up to ten (10) copies of the 
Software on computers residing on Recipient's premises, solely 
for purposes of developing and testing prerelease versions of 
computer software applications that run in conjunction with the 
Software, and to evaluate the Software for the purpose of 
providing feedback thereon to DefragMentor Software. Recipient 
may not commercially release applications based on this 
Software.
(b) All other rights are reserved to DefragMentor Software.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS:
(a) Recipient shall not rent, lease, lend, sell, sublicense, assign, or 
otherwise transfer any portion of the Software.
(b) Recipient may not reverse engineer, decompile or 
disassemble or otherwise seek to discover the source code, 
components, digital rights management, format or other 
protocols associated with the Software, except and only to the 
extent that such activity is expressly permitted by applicable law 
notwithstanding this limitation.
(c) Recipient agrees to provide to DefragMentor Software 
reasonable suggestions, comments and feedback regarding the 
Software, including but not limited to usability, bug reports and 
test results, with respect to Software testing (collectively, 
"Feedback"). Recipient grants DefragMentor Software, under all 
of Recipient's intellectual property and proprietary rights, the 
following worldwide, non-exclusive, perpetual, irrevocable, 
royalty free, fully paid up rights: 
  (i) to make, use, copy, modify, and create derivative works of, 
the Feedback as part of any DefragMentor Software product, 
technology, service, specification or other documentation 
(individually and collectively, "DefragMentor Software Works");
  (ii) to publicly perform or display, import, broadcast, transmit, 
distribute, license, offer to sell, and sell, rent, lease or lend copies 
of the Feedback (and derivative works thereof) as part of any 
DefragMentor Software Work;
  (iii) solely with respect to Recipient's copyright and trade secret 
rights, to sublicense to third parties the foregoing rights, 
including the right to sublicense to further third parties; and
  (iv) to sublicense to third parties any claims of any patents 
owned or licensable by Recipient that are necessarily infringed 
by a third party product, technology or service that uses, 
interfaces, interoperates or communicates with the Feedback or 
portion thereof incorporated into a DefragMentor Software 
product, technology or service. Further, Recipient warrants that 
Recipient's Feedback is not subject to any license terms that 
would purport to require DefragMentor Software to comply with 
any additional obligations with respect to any DefragMentor 
Software Works that incorporate any Feedback.  Due to the 
nature of the development work, DefragMentor Software 
provides no assurance that any specific errors or discrepancies in 
the Software will be corrected.

(d) Recipient warrants that as of the time Recipient provides 
Feedback, Recipient is not aware of, and has not been put on 
notice of, any asserted intellectual property claims or other 
intellectual property rights related to such Feedback or the use 
thereof.  If Recipient is an authorized representative of Company, 
"Recipient" means, individually and collectively
  (i) officers and executives of the Company;
  (ii) employees or contractors of Company that directly or 
indirectly provide or contribute to the Feedback under this 
Agreement; 
  (iii) employees or contractors of Company, who are responsible 
for supervising those persons described in (ii); and
  (iv)employees or contractors of Company, who are aware of the 
Feedback provided by those persons described in (ii).
(e) In the event DefragMentor Software, in its sole discretion, 
elects to provide deliveries of Software to more than one 
individual employed by Recipient (if Recipient is not a single 
individual), each such recipient shall be entitled to exercise the 
rights granted in this Agreement, and shall be bound by the terms 
and conditions herein.
(f) The Software contains prerelease code that is not at the level 
of performance and compatibility of a final, generally available, 
product offering. The Software may not operate correctly and 
may be substantially modified prior to first commercial 
shipment, if any. Recipient may not use the Software in a live 
operating environment where it may be relied upon to perform in 
the same manner as a commercially released product or with data 
that has not been sufficiently backed up.

3. TERM OF AGREEMENT. The term of this Agreement shall 
commence on the date accepted by Recipient and shall continue 
until terminated by DefragMentor Software in writing at any 
time, with or without cause.  This Agreement will terminate 
without notice upon the earlier of
  (i) commercial release of the Software or
  (ii) 20th of February, 2004
Upon the termination of this Agreement (or upon request by 
DefragMentor Software), Recipient shall promptly return to 
DefragMentor Software, or certify destruction of, all full or 
partial copies of the Software provided by DefragMentor 
Software. The following Sections shall survive termination or 
expiration of this Agreement: Sections 2(b), 7, 8, and 9.

4. COST OF TESTING. There is no charge to Recipient for 
testing of the Software. DefragMentor Software shall bear all 
direct freight expenses relating to the shipment of the Software to 
Recipient's place of business and Recipient will pay any return 
freight expenses.

5. SOFTWARE MAINTENANCE/UPDATES. DefragMentor 
Software is not obligated to provide maintenance, technical 
support or updates to Recipient for the Software provided to 
Recipient pursuant to this Agreement. However, DefragMentor 
Software may, in its sole discretion, provide further pre-release 
versions, technical support, updates and/or supplements of the 
Software and/or related information ("Updates") to Recipient 
hereunder, in which case such Updates shall also be deemed to 
be included in the "Software" and therefore governed by this 
Agreement, unless other terms of use are provided by 
DefragMentor Software with such Updates.  In no event shall 
DefragMentor Software be obligated to provide Recipient a copy 
of the commercial release version of the Software in connection 
with Recipient's participation in the testing program.  
DefragMentor Software is not obligated to make the Software 
commercially available.

6. INTELLECTUAL PROPERTY RIGHTS. All title and 
intellectual property rights in and to the Software (including but 
not limited to any images, photographs, animations, video, audio, 
music, text and "applets" incorporated into the Software and any 
features incorporated into the Hardware), and any copies of the 
Software that Recipient is expressly permitted to make herein, 
are owned by DefragMentor Software or its suppliers. All title 
and intellectual property rights in and to the content which may 
be accessed through use of the Software are the property of the 
respective content owner and may be protected by applicable 
copyright or other intellectual property laws and treaties.  This 
Agreement grants Recipient no rights to use such content. If the 
Software contains documentation which is provided only in 
electronic form, Recipient may print one copy of such electronic 
documentation. Recipient may not copy the printed materials 
accompanying the Software. All rights not expressly granted are 
reserved by DefragMentor Software.

7. DISCLAIMER OF WARRANTIES. THE SOFTWARE IS 
DEEMED ACCEPTED BY RECIPIENT. THE SOFTWARE 
CONTAINS PRE-RELEASE SOFTWARE AND MAY BE 
CHANGED SUBSTANTIALLY BEFORE COMMERCIAL 
RELEASE. TO THE MAXIMUM EXTENT PERMITTED BY 
APPLICABLE LAW, DEFRAGMENTOR SOFTWARE AND 
ITS SUPPLIERS PROVIDE THE SOFTWARE AND ANY (IF 
ANY) SUPPORT SERVICES RELATED TO THE 
SOFTWARE ("SUPPORT SERVICES") AS IS AND WITH 
ALL FAULTS, AND HEREBY DISCLAIM WITH RESPECT 
TO THE SOFTWARE AND SUPPORT SERVICES ALL 
WARRANTIES AND CONDITIONS, WHETHER EXPRESS, 
IMPLIED OR STATUTORY, INCLUDING, BUT NOT 
LIMITED TO, ANY (IF ANY) WARRANTIES, DUTIES OR 
CONDITIONS OF OR RELATED TO: MERCHANTABILITY, 
FITNESS FOR A PARTICULAR PURPOSE, LACK OF 
VIRUSES, ACCURACY OR COMPLETENESS OF 
RESPONSES, RESULTS, WORKMANLIKE EFFORT AND 
LACK OF NEGLIGENCE. ALSO, THERE IS NO 
WARRANTY, DUTY OR CONDITION OF TITLE, QUIET 
ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE 
TO DESCRIPTION, OR NON-INFRINGEMENT. THE 
ENTIRE RISK AS TO THE QUALITY, OR ARISING OUT OF 
THE USE OR PERFORMANCE OF THE SOFTWARE AND 
ANY SUPPORT SERVICES, REMAINS WITH RECIPIENT.

8. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND 
CERTAIN OTHER DAMAGES. TO THE MAXIMUM 
EXTENT PERMITTED BY APPLICABLE LAW, IN NO 
EVENT SHALL DEFRAGMENTOR SOFTWARE OR ITS 
SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, 
INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL 
OR OTHER DAMAGES WHATSOEVER (INCLUDING, BUT 
NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, 
LOSS OF CONFIDENTIAL OR OTHER INFORMATION, 
BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF 
PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING 
OF GOOD FAITH OR OF REASONABLE CARE), 
NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER 
LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY 
RELATED TO THE USE OF OR INABILITY TO USE THE 
SOFTWARE OR SUPPORT SERVICES, THE PROVISION OF 
OR FAILURE TO PROVIDE SUPPORT SERVICES, OR 
OTHERWISE UNDER OR IN CONNECTION WITH ANY 
PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT 
OF THE FAULT, TORT (INCLUDING NEGLIGENCE), 
STRICT LIABILITY, BREACH OF CONTRACT OR 
BREACH OF WARRANTY OF DEFRAGMENTOR 
SOFTWARE OR ANY SUPPLIER, AND EVEN IF 
DEFRAGMENTOR SOFTWARE OR ANY SUPPLIER HAS 
BEEN ADVISED OF THE POSSIBILITY OF SUCH 
DAMAGES.

9. LIMITATION OF LIABILITY AND REMEDIES. 
NOTWITHSTANDING ANY DAMAGES THAT RECIPIENT 
MIGHT INCUR FOR ANY REASON WHATSOEVER 
(INCLUDING, WITHOUT LIMITATION, ALL DAMAGES 
REFERENCED ABOVE AND ALL DIRECT OR GENERAL 
DAMAGES), THE ENTIRE LIABILITY OF 
DEFRAGMENTOR SOFTWARE AND ANY OF ITS 
SUPPLIERS UNDER ANY PROVISION OF THIS 
AGREEMENT AND RECIPIENT'S EXCLUSIVE REMEDY 
FOR ALL OF THE FOREGOING SHALL BE LIMITED TO 
ACTUAL DAMAGES INCURRED BY YOU BASED ON 
REASONABLE RELIANCE UP TO THE GREATER OF THE 
AMOUNT ACTUALLY PAID BY RECIPIENT FOR THE 
SOFTWARE OR FIVE DOLLARS (US$5.00). THE 
FOREGOING LIMITATIONS, EXCLUSIONS AND 
DISCLAIMERS (INCLUDING SECTIONS 7 AND 8 ABOVE) 
SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED 
BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS 
ESSENTIAL PURPOSE.

10. ENTIRE AGREEMENT. This Agreement constitutes the 
complete and exclusive agreement between DefragMentor 
Software and Recipient with respect to the subject matter hereof, 
and supersedes all prior or contemporaneous oral or written 
communications, proposals, representations, understandings, or 
agreements not specifically incorporated herein. This Agreement 
may not be amended except in a writing duly signed by an 
authorized representative of DefragMentor Software and 
Recipient.

