Titan Backup distribution permissions and end-user license agreement
Titan Backup (TM)
Copyright(c) 1999-2008 by NeoByte Solutions.
All Rights Reserved.
Neobyte Solutions End User Software License Agreement for Titan Backup
THIS IS A CONTRACT. PLEASE READ IT CAREFULLY. BY INDICATING YOUR ACCEPTANCE BELOW, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DECLINE WHERE INSTRUCTED, AND YOU WILL NOT BE ABLE TO USE THE SOFTWARE. IF YOU DO NOT ACCEPT THIS AGREEMENT AND HAVE PROOF OF PAYMENT, YOU MAY RETURN THE UNUSED SOFTWARE TO NEOBYTE SOLUTIONS WITHIN THIRTY (30) DAYS FOR A REFUND OF SUCH LICENSE FEE.
The Neobyte Solutions software product identified above (the "Software") is the property of Neobyte Solutions and is protected by copyright law. While Neobyte Solutions continues to own the Software, you will have certain rights to use the Software after your acceptance of this license.
The term "Permitted Number of Computers" means the number of computers covered by the license purchased for the Software from Neobyte Solutions. If you have any questions regarding this number and/or your license, refer to the Neobyte Solutions Customer Contact section found at the end of this document.
Except as may be modified by a license addendum which accompanies this license, your rights and obligations with respect to the use of this Software are as follows:
(i) use one copy of the Software on up to the Permitted Number of Computers;
(ii) make one backup copy of the Software, provided your backup copy is not installed or used on any computer;
(iii) use the Software on a network, provided that the number of computers that can access the Software over that network does not exceed the Permitted Number of Computers;
(iv) after a written notice to Neobyte Solutions, transfer the Software on a permanent basis to another person or entity, provided that you retain no copies of the Software and the transferee agrees to the terms of this agreement;
YOU MAY NOT:
(i) copy the documentation which accompanies the Software;
(ii) sublicense, rent or lease any portion of the Software;
(iii) reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software; or
(iv) use a previous version or copy of the Software after you have received a disk replacement set or an upgraded version as a replacement of the prior version, unless you donate that previous version of an upgraded version to a charity of your choice, and such charity agrees in writing that it will be the sole end user of the product, and that it will abide by the terms of this agreement. Unless you so donate a previous version of an upgraded version, upon upgrading the Software, all copies of the prior version must be destroyed.
This Agreement is effective for an unlimited duration unless and until earlier terminated as set forth herein. This Agreement will terminate automatically if you fail to comply with any of the obligations, limitations or other requirements described herein. Upon any termination or expiration of this Agreement, you must destroy all copies of the Software. You may terminate this Agreement at any point by destroying all copies of the Software.
A minor revision or upgrade is any new release of the Software having the same major version number and a different minor or build version number. You are entitled to download an unlimited number of minor revisions or upgrades to the Software when and as Neobyte Solutions publishes it via its website or through other online services (i.e. if you purchase version 1.0 of the Software, you are entitled to download all 1.x versions of the Software; you have no further rights to receive version 2.0 of the Software without purchase of a new license).
The Software is protected by Romanian copyright laws and international treaty provisions. Neobyte Solutions owns and retains all right, title and interest in and to the Software, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. Your possession, installation, or use of the Software does not transfer to you any title to the intellectual property in the Software, and you will not acquire any rights to the Software except as expressly set forth in this Agreement. All copies of the Software made hereunder must contain the same proprietary notices that appear on
and in the Software.
THE SOFTWARE IS PROVIDED "AS IT IS". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Neobyte Solutions DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND INFRINGEMENT WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING DOCUMENTATION. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, Neobyte Solutions MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL NEOBYTE SOLUTIONS OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES. IN NO EVENT WILL Neobyte Solutions BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LIST PRICE Neobyte Solutions CHARGES FOR A LICENSE TO THE SOFTWARE, EVEN IF Neobyte Solutions SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
HIGH RISK ACTIVITIES:
The Software is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life- support machines, or any other application in which the failure of the Software could lead directly to death, personal injury, or severe physical or property damage (collectively, "High Risk Activities"). Neobyte Solutions expressly disclaims any express or implied warranty of fitness for High Risk Activities.
This Agreement is governed by the laws of Romania. Any action or proceeding brought by anyone arising out of or related to these terms and conditions shall be brought only in a court of competent jurisdiction located in Oradea, Romania, and the parties hereby consent to the jurisdiction and venue of said court. This Agreement sets forth all rights for the user of the Software and is the entire agreement between the parties. This Agreement supersedes any other communications with respect to the Software. This Agreement may not be modified except by a written addendum issued by a duly authorized representative of Neobyte Solutions. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by Neobyte Solutions or a duly authorized representative of Neobyte Solutions. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The parties confirm that it is their wish that this Agreement has been written in the English language only.
NEOBYTE SOLUTIONS CUSTOMER CONTACT:
If you have any questions concerning these terms and conditions, or if you would like to contact Neobyte Solutions for any other reason, please write to:
Neobyte Solutions European Offices,
Balogh Istvan 17 (Calea Santandreiului), Oradea 410 238, Romania
World Wide Web: http://www.neobytesolutions.com/
Contact us at firstname.lastname@example.org