SoftoTec BackItUp distribution permissions and end-user license agreement

SOFTOTEC BackItUp License agreement

IMPORTANT- PLEASE READ CAREFULLY: BY INSTALLING THE SOFTWARE (AS DEFINED BELOW), COPYING THE SOFTWARE AND/OR CLICKING ON THE "ACCEPT" BUTTON BELOW, YOU (EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS AGENT AND/OR EMPLOYEE) AGREE TO ALL OF THE TERMS OF THIS END USER LICENSE AGREEMENT ("AGREEMENT") REGARDING YOUR USE OF THE SOFTWARE.

IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, CLICK ON THE "NO" BUTTON AND/OR DO NOT INSTALL, COPY OR OTHERWISE USE THE SOFTWARE.

THIS IS A CONTRACT BETWEEN YOU AND SOFTOTEC SOFTWARE ("SOFTOTEC").

This License Agreement accompanies SOFTOTEC`s Software and related explanatory materials and extends to any upgrades, modified versions, updates, additions, and copies of the Software licensed to you by SOFTOTEC. This copy of the Software is licensed to you as the end user or to your employer and/or principal or another third party authorized to permit your use of the SOFTOTEC BackItUp.

The Software is protected by applicable national copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. SOFTOTEC retains all the rights, which are not expressly granted to you according to the present License Agreement.

1. DEFINITIONS

"Software" means SOFTOTEC BackItUp including but not limited to object code, source code, documentation, associated media and printed materials.

"You" means an individual and/or a legal entity exercising rights under, and complying with all of the terms of, this License.

"SOFTOTEC" means SOFTOTEC Software is a company owning exclusive rights to the Software.

2. LICENSE

Subject to the restrictions contained in this Section 4, SOFTOTEC grants to you a nonexclusive, royalty-free license to use the items of the Software during the evaluation period of 15 days. The validity term of this license can be extended for unlimited time period by means of payment. Upon expiration the program is due to be removed from your system by you.

3. RIGHTS GRANTED BY THE PRESENT LICENSE

According to the present License Agreement you are entitled to:

• a. Install/use the Software on a single computer;
• b. Copy the Software solely for backup or archival purposes.

4. LIMITATIONS OF USE

You do not have the right to:

• a. Install/use the Software on more than one computer at the same time;
• b. Sublicense the Software;
• c. Copy the Software, in whole or in part, except as provided in this Agreement;
• d. Permit simultaneous use of the Software by more than one user;
• e. Reverse engineer, decompile, or disassemble the Software except for the cases and only to the extent when the applicable law directly allows it. At that, you shall first request SOFTOTEC in writing to provide you with the necessary information, which you want to, obtain as a result of reverse engineering, decompiling, or disassembling the Software. SOFTOTEC has the right to impose reasonable conditions such as a reasonable fee for doing so. Requests for information should be directed to the SOFTOTEC at the address provided in the Software or such other address as may be made available on softotec.com from time to time;

• f. Modify, or create derivative works based upon the Software in whole or in part;
• g. Remove any proprietary notices or labels on the Software; or
• h. Resell, lease, rent or otherwise transfer rights to the Software, as provided by this License;
• i. Transfer the Software to any third persons if it is forbidden by laws or international treaties, for example, in countries on which corresponding international sanctions are imposed;

• j. Use of the Software does not grant you any other rights to use other products of SOFTOTEC, except for the rights stipulated by the corresponding licenses to these products;
• k. While copying the Software and transferring it to the third persons you shall transfer distribution package/installation files in original form without changing them in any ways;

5. TECHNICAL SUPPORT

Reaction of the support service and any resolution of the problems, which may arise during its use, installation and removal are not guaranteed. However, technical support of the Software may be provided under a separate contract between you and SOFTOTEC.

6. AMENDMENT AND TERMINATION OF THE LICENSE AGREEMENT

This License Agreement is effective until terminated. SOFTOTEC has the right to terminate this license at any time immediately if you are in breach of any of its terms and conditions. Upon any such termination you must stop use of Software and return all full and partial hard copies of the items in the Software immediately to SOFTOTEC as well as destroy all electronic copies of the above items. SOFTOTEC is entitled to change conditions of the distribution of the Software at any time.

You have a right to terminate the present License Agreement in any time other then by terminating any use of the Software and by destroying all copies of it, which are at your disposal.

7. UPDATES

From time to time, SOFTOTEC may make available updates to the Software. All updates to the Software are governed by this Agreement, unless other license terms are provided with the update and may be installed automatically, no confirmation by you is required.

8. SALES POLICY

SOFTOTEC has a NO REFUND sales policy. All sales of licenses are FINAL.

Before purchasing a license, you are provided a 15-day evaluation period to determine whether the Software fits your business needs, works on your computer, and provides the benefits for which you will purchase the Software license. you do not have to provide SOFTOTEC with a credit card or other purchase information when you download, install or use the Software during this 15-day evaluation period; it is required only when you decide to purchase the software license, at which time the purchase price for the license becomes non-refundable. You agree that if you do not utilize this evaluation period, that is provided at no charge, you voluntarily discharge SOFTOTEC from the obligation to provide such an evaluation period. No exceptions can be made to this policy.

9. DISCLAIMER OF WARRANTY:

YOU AGREE THAT SOFTOTEC HAS MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING THE PRODUCTS AND THAT THE PRODUCTS ARE BEING PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. SOFTOTEC DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. SOFTOTEC SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, COVER, RELIANCE, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFIT) ARISING FROM ANY CAUSE UNDER OR RELATED TO THIS AGREEMENT.

10. LIMITATION OF LIABILITY:

You assume the entire risk of using the program. SOFTOTEC`s and its suppliers` entire liability and your exclusive remedy shall be, at SOFTOTEC`s option, either (a) return of the price, if any, or (b) repair or replacement of the software product which is found defective and which is returned to SOFTOTEC with a copy of your receipt within 15 days after the date of installation. This warranty is void if failure of the software product has resulted from accident, abuse, or misapplication. Any replacement software product will be warranted for the remainder of the original warranty period or fifteen (15) days, whichever is longer.

IN NO EVENT SHALL SOFTOTEC BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE SOFTOTEC SOFTWARE, EVEN IF SOFTOTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE SOFTOTEC SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES. THIS LIMITATION SHALL APPLY TO CLAIMS OF PERSONAL INJURY TO THE EXTENT PERMITTED BY LAW.

11. CHOICE OF LAW

This License Agreement shall be governed by the laws in force in the Ukraine, excluding the application of its conflict of law rules. This License Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. All disputes arising from the present license agreement shall be considered by the competent court in Ukraine, provided that the SOFTOTEC may also initiate proceedings in the courts of the country, where the you are domiciled and/or residing.

12. MISCELLANEOUS:

Severability.

In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement.

Export.

You agree that you will not export or re-export the Software outside of the jurisdiction in which you obtained it without the appropriate government licenses.

Entire Agreement.

You agree that this is the entire agreement between you and SOFTOTEC, which supersedes any prior agreement, whether written or oral, and all other communications between SOFTOTEC and you relating to the subject matter of this Agreement.

Reservation of rights.

All rights not expressly granted in this Agreement are reserved by SOFTOTEC.

(c)Copyright 2006 SOFTOTEC Software.

All rights reserved.

Protected by copyright and licenses restricting use, copying, distribution and decompiling.

This product can be freely distributed through Internet and to publish it on a CD.
If you have any questions, please contact submit@softotec.com

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