RBackup for Online Backup Services distribution permissions and end-user license agreement

STANDARD SOFTWARE LICENSE AGREEMENT This software license agreement is a legal agreement between you (either an individual or an entity) and Remote Backup Systems, Inc. (RBS). By opening the sealed software packet(s), clicking an "ACCEPT" button during installation or purchase, and/or using the software you are agreeing to be bound by the terms of this agreement. 1. GRANT OF LICENSE. This License Agreement permits you to use one copy of the RBS Server software included in this package (the "SOFTWARE") on a single computer, and a number of copies of the Client software equal to the number of Client licenses you have bought. The SOFTWARE is in "use" on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk, CD-ROM, or other storage device) of that computer. 2. COPYRIGHT. The SOFTWARE and accompanying materials (including any images, "applets", photographs, animations, video, audio, music and text incorporated into the SOFTWARE and accompanying materials) is owned by RBS and is protected by United States copyright laws and international treaty provisions and all other applicable national laws. Therefore, you must treat the SOFTWARE and accompanying materials like any other copyrighted material (e.g. a book or musical recording) except that you may either (a) make one copy of the SOFTWARE solely for backup or archival purposes or (b) transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the user documentation accompanying the SOFTWARE. You may not repackage the Client software for distribution by a means other than by CD, or if you hold a license for the Online Installer PlugIn, electronically. You may not distribute the Client software electronically unless you hold a license for the Online Installer PlugIn. 3. SOFTWARE MEDIA. You may receive the SOFTWARE in disk media or on a CD-ROM or installed on the hard disk drive or ROM of your computer, or multiple forms of media. Regardless of the number or type(s) of media you receive you may use only the media appropriate for your single computer. You may not use the other media on another computer or loan, rent, lease, or transfer them to another user except as provided for below. 4. TRANSFER OF LICENSE. This is a non-transferable license. You may not rent or lease or sell the SOFTWARE. Transferring the SOFTWARE automatically terminates the maintenance subscriptions of the original owner along with any rights of the new owner to software updates and to the use of any of Remote Backup Systems' trademarks and copyrights, and the look-and-feel of RBS' graphics and web sites. This paragraph is NOT intended to prohibit you from distributing the Client software for use with your Remote Backup Service. You MAY distribute the Client software only (not the Server software). 5. RESTRICTED USES. You may not install or use this software on computers that are connected to life-saving or life-support medical equipment, nor on any equipment used in the production or administering of drugs or breathable gasses, nor on any equipment that, through malfunction or misuse, could directly or indirectly cause physical injury or death. 6. OTHER RESTRICTIONS. You may not reverse engineer, decompile or disassemble the SOFTWARE. You may not distribute the Client portion(s) of the SOFTWARE for use with any Server other than that provided by Remote Backup Systems, except as specifically allowed in writing by Remote Backup Systems. 7. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the United States Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-- Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Remote Backup Systems, Incorporated / 319 Poplar View Lane West, #1 / Collierville, TN 38017 USA. 8. EXPORT CONTROLS. You may not download or otherwise export or reexport the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. In particular, but without limitation, none of the Software or underlying information or technology may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Haiti, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. 9. USE OF RBS IMAGES AND TEXT. If you have bought the RBS Business Kit you may use any of its images and text, unless otherwise noted in the Business Kit, in your own advertising and promotional efforts as long as you promote RBS Remote Backup software to the exclusion of any competing product. If you advertise or promote a competing product you must immediately stop using any of the graphics and text in the Business Kit, and any rendering of images or text which are based on those in the Business Kit or which could reasonably be confused with those in the Business Kit, and any verbiage which is based on that in the Business Kit or any RBS web site, including the term, "Remote Backup." 10. INSTALLATION AND SUPPORT. You are solely responsible for the installation and maintenance of the Software, and for the proper installation, configuration, and operation of all hardware, software, and services upon which the Software relies. Remote Backup Systems, Inc. will provide technical support for the Software through the Online Help Desk System on our main web site at remote-backup.com within the parameters of our current support policy. You are solely responsible for the configuration and operation of the Software - both Server and Clients. You are responsible for selecting the correct settings for your Server and Clients. The Software is delivered with certain default settings which may not be appropriate for all Servers or Clients. 11. SOFTWARE UPDATES. From time to time Remote Backup Systems, Inc. releases updates for the Software, and may notify you of their availability through one or several methods. Because Remote Backup Systems, Inc. cannot know conclusively if you have received a notification, you are responsible for periodically checking with the "Updates" link on our main web site at remote-backup.com for the availability of updates. You agree that you will download and apply updates to the Server software and the Client software as updates are released, in a timely way. Remote Backup Systems, Inc. may not support software that is not at the current version. Remote Backup Systems, Inc. may, at our sole discretion, make updates and other services available only to customers who have current Maintenance Subscriptions. Product support for the SOFTWARE is provided by Remote Backup Systems, Inc. For product support, please refer to the number provided in the documentation for the SOFTWARE. Should you have any questions concerning this Agreement or if you desire to contact RBS for any other reason, please refer to the address provided in the documentation. ---------------------------------------------------------- APPENDIX WARRANTY AND SPECIAL PROVISIONS FOR UNITED STATES OF AMERICA AND ANY OTHER COUNTRY LIMITED WARRANTY LIMITED WARRANTY. Remote Backup Systems warrants that (a) the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of thirty (30) days from the date of receipt, and (b) any Remote Backup Systems hardware accompanying the SOFTWARE will be free from defects in materials and workmanship under normal use and service for a period of ninety (90) days from the date of receipt. Any implied warranties on the SOFTWARE and Remote Backup Systems hardware are limited to thirty (30) days and ninety (90) days, respectively. This warranty is voided by misapplication, misuse, attempted use outside the recommended software environment and on equipment not suited to the program. Some states/jurisdictions do not allow limitation on durations of an implied warranty, so the above limitation may not apply to you. CUSTOMER REMEDIES. Remote Backup Systems', its officers' and employees' entire liability and your exclusive remedy shall be, at Remote Backup Systems' option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE or hardware that does not meet this Limited Warranty and which is returned to Remote Backup Systems with a copy of your receipt and a Returned Material Authorization number from RBS number clearly printed on the outside of the package. This Limited Warranty is void if failure of the SOFTWARE or hardware has resulted from accident, abuse or misapplication. Any replacement SOFTWARE or hardware will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, Remote Backup Systems, its officers, and employees disclaim all other warranties, either express or implied, including but not limited to suitability for any particular purpose, and the ability of the licensee to operate the software or a successful business based on the software. Remote Backup Systems' return policy is limited to replacement of defective diskettes and materials. As with most software companies, RBS offers no form of a "money-back guarantee." Because software can be downloaded and used immediately after online purchase, all sales are final and non-refundable. ACCEPTANCE OF THESE CONDITIONS. By clicking the "I AGREE" button or typing "I AGREE" in the space provided, or by downloading, installing or using the software, you accept the terms of this license agreement. You agree that you fully understand the capabilities of the software, that you have tested the Evaluation Version and that it fully meets your needs, and that you accept the software as-is. By accepting this license, you agree that you will not reverse any credit card charge for this purchase. This limited warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall Remote Backup Systems, its officers, or employees be liable for any damages whatsoever (including without limitation, direct or indirect damages for personal injury, loss of business profits, business interruptions, loss of business information or any other pecuniary loss) arising out of the use of or inability to operate this product, misapplication, failure to read and understand the operating instructions in all its forms - Help Files, Web based, printed, and verbal, even if Remote Backup Systems has been advised of the possibility of such damages. In any case, Remote Backup Systems', its officers', and employees' entire liability under any provision of this agreement shall be limited to the amount actually paid by you for the SOFTWARE, services, and/or Remote Backup Systems hardware. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. IN NO EVENT SHALL RBS AND/OR ITS OFFICERS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM ANY OF RBS' WEB SITES OR INFORMATION SERVICES. Should it become necessary for Remote Backup Systems, Inc. to retain counsel to enforce its rights, or defend any action or inaction under this agreement, you agree to pay all costs of such enforcement and/or defense, including, but not limited to, all court costs and other litigation expenses, together with Remote Backup Systems, Inc.'s reasonable attorney fees. This agreement shall be governed by the laws of the state of Tennessee and shall inure to the benefit of Remote Backup Systems, Inc. and any successors, administrators, heirs, and assigns. Any action or proceeding brought by either party against the other arising out of or related to this agreement shall be brought only in a STATE or FEDERAL COURT of competent jurisdiction located in Shelby County, Tennessee. The parties hereby consent to in personam jurisdiction of said courts. ---------------------------------------------------Form 5.2.11

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