Backup Manager offers a 2 Week Free Trial - with no further obligation - of its automated, encrypted (128 bit encryption technology), offsite data backup service. Download the software and upload your data in minutes. Full customer support online or toll-free telephone. Eliminates unreliable CD's or tape drives and the time spent in doing data backups manually. Upon your satisfaction of our 2 Week Free Trial, Backup Manager's service continues with a nominal monthly fee. At all times, customers may receive support or personal answers via our online support (email@example.com), software tour (www.backupmanager.com), or in person on our toll-free telephone support line - 1-866-212-DATA (3282)
» version 2.5 - posted on 2003-02-15
EULA - End User License Agreement
SOFTWARE LICENSE AGREEMENT
READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING THIS SOFTWARE/OPENING THIS PACKAGE. BY DOWNLOADING THIS SOFTWARE/OPENING THIS PACKAGE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS SOFTWARE LICENCE (THE "LICENSE"). IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT DOWNLOAD THIS SOFTWARE/PROMPTLY RETURN THIS PACKAGE UNOPENED TO BACKUP MANAGER CORP.. ("BMC") AND YOUR MONEY WILL BE REFUNDED.
DUE TO THE UNCERTAIN NATURE OF BACKUP SERVICE GENERALLY, IT IS RECOMMENDED THAT YOU PERFORM OCCASIONAL TEST RESTORES AND FAMILIARIZE YOURSELF WITH THE OPERATION OF THE SOFTWARE BEFORE AN EMERGENCY SITUATION ARISES.
1. LICENCE: The software covered by this License is the software program and documentation accompanying this License, whether on disk, in read only memory, on any other media or in any other form and if you have downloaded the software, the licensed software includes all files, images contained in or generated by the software and accompanying data (collectively, the "Software"). BMC grants to you a non-exclusive limited license to install and use the Software on a single computer at one time.
2. RESTRICTIONS. You shall not transfer, distribute, rent, lease, sublicense, assign, copy, modify, reverse compile, disassemble, or otherwise reverse engineer or attempt to reconstruct the Software, in whole or in part. You may only use the Software in connection with BMC's automatic backup network, and not with any other backup or related service.
3. OWNERSHIP. This license gives you limited rights to use the Software. You do not own the Software. All rights, title and interest in and to the Software not specifically granted in this license belongs to BMC, including, without limitation, Canadian and international copyright and trade secrets rights.
4. TERM AND TERMINATION. This License is effective until terminated. You may terminate this License at any time by returning the Software to BMC. This License will automatically terminate if you fail to comply with any term of this License. You may terminate this License at any time with 2 days notice to BMC by sending an e-mail to firstname.lastname@example.org. YOU AGREE THAT BY TERMINATING YOUR ACCOUNT, YOU ARE AUTHORIZING BMC TO DELETE ALL BACKUP FILES AND DATA FROM OUR SERVERS.
5. SERVICE FEES. In conjunction with the use of the Software, you agree to pay BMC's current service fees applicable to your data storage requirements. These service fees, which are subject to change, are posted on BMC's website at www.backupmanager.com. Changes in service fees will be notified to you by posting on this website. YOU AGREE THAT BMC WILL BILL YOU FOR THE FEE APPLICABLE TO THE AMOUNT OF STORAGE SPACE USED ON BMC'S SERVERS FOR YOUR DATA BACKUP. SHOULD YOUR DATA BACKUP REQUIREMENTS INCREASE OR DECREASE SUCH THAT YOU MOVE INTO A DIFFERENT PRICE LEVEL AS PER BMC'S PRICING CHART, YOU AGREE TO BE BILLED AT THE NEW, APPLICABLE RATE.
6. EXPORT CONTROLS. You acknowledge that the Software contains 128-bit encryption algorithms and may be subject to restrictions and controls imposed under the export control laws and regulations of the jurisdiction in which you are using the Software and may not be exported, acquired, shipped, transferred or re-exported, directly or indirectly, to (i) any country or region prohibited under such laws and regulations or (ii) any end user who has been prohibited from participating in the export transaction under such laws or regulations. In particular, the Software is subject to regulations respecting export permits and prohibitions on export under the laws of the United States and Canada.
7. LIMITED WARRANTY. BMC warrants the media on which the Software is recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of delivery.
8. NO OTHER WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN THIS LICENSE, THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BMC 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. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THIS LIMITATION MAY NOT APPLY TO YOU.
9. LIABILITY LIMITATION. BMC'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY IS THE REPLACEMENT OF DEFECTIVE MEDIA ACCORDING TO THE LIMITED WARRANTY ABOVE. IN NO EVENT WILL BMC BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, LOSSES RELATED TO BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR LOSS OF PROFITS ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF BMC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.
10. ENTIRE AGREEMENT. This License is the entire agreement between the parties with respect to the Software. No terms, conditions, agreement or undertakings other than those stated in this License will be binding on BMC unless they are in writing and signed by the BMC. No amendment to or modification of this License shall be effective unless in writing and signed by both parties.
11. CONTROLLING LAW AND SEVERABILITY. This License shall be governed by the laws of the Province of Alberta, Canada. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this License Agreement and is expressly excluded. If any provision of this License is found to be unenforceable, the remainder of this License shall continue in full force and effect.