Thursday, June 29, 2017

Thinware vBackup End User License Agreement

END-USER LICENSE AGREEMENT FOR THINWARE VBACKUP

IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE
INSTALLING OR USING THIS PROGRAM: Thinware, Inc.’s End-User License Agreement
("EULA") is a legal agreement between you (either an individual or a single entity) and
Thinware, Inc. for the software product(s) identified above which may include associated
software components, media, printed materials, and "online" or electronic documentation
("SOFTWARE PRODUCT"). By installing or using the SOFTWARE PRODUCT, you agree to
be bound by the terms of this EULA. This license agreement represents the entire agreement
concerning the program between you and Thinware, Inc., (referred to as "licenser"), and it
supersedes any prior proposal, representation, or understanding between the parties. If you do not
agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties,
as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed,
not sold.

1. GRANT OF LICENSE.
The SOFTWARE PRODUCT is licensed as follows:
(a) Installation and Use.
Thinware, Inc. grants you the right to install and use copies of the SOFTWARE PRODUCT on
your computer running a validly licensed copy of the operating system for which the
SOFTWARE PRODUCT was designed.
(b) Backup Copies.
You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and
archival purposes.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of the SOFTWARE
PRODUCT.
(b) Distribution.
You may not distribute copies of the SOFTWARE PRODUCT to third parties. Evaluation
versions available for download from Thinware, Inc.’s websites may be freely distributed.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except
and only to the extent that such activity is expressly permitted by applicable law notwithstanding
this limitation.
(d) Rental.
You may not rent, lease, or lend the SOFTWARE PRODUCT.
(e) Support Services.
Thinware, Inc. may provide you with support services related to the SOFTWARE PRODUCT
("Support Services"). Any supplemental software code provided to you as part of the Support
Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and
conditions of this EULA.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.

3. TERMINATION
Without prejudice to any other rights, Thinware, Inc. may terminate this EULA if you fail to
comply with the terms and conditions of this EULA. In such event, you must destroy all copies
of the SOFTWARE PRODUCT in your possession.

4. COPYRIGHT
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any
copies thereof are owned by Thinware, Inc. or its suppliers. All title and intellectual property
rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT
is the property of the respective content owner and may be protected by applicable copyright or
other intellectual property laws and treaties. This EULA grants you no rights to use such content.
All rights not expressly granted are reserved by Thinware, Inc.

5. NO WARRANTIES
Thinware, Inc. expressly disclaims any warranty for the SOFTWARE PRODUCT. The
SOFTWARE PRODUCT is provided 'As Is' without any express or implied warranty of any
kind, including but not limited to any warranties of merchantability, noninfringement, or fitness
of a particular purpose. Thinware, Inc. does not warrant or assume responsibility for the accuracy
or completeness of any information, text, graphics, links or other items contained within the
SOFTWARE PRODUCT. Thinware, Inc. makes no warranties respecting any harm that may be
caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such
computer program. Thinware, Inc. further expressly disclaims any warranty or representation to
Authorized Users or to any third party.

6. LIMITATION OF LIABILITY
In no event shall Thinware, Inc. be liable for any damages (including, without limitation, lost
profits, business interruption, or lost information) rising out of 'Authorized Users' use of or
inability to use the SOFTWARE PRODUCT, even if Thinware, Inc. has been advised of the
possibility of such damages. In no event will Thinware, Inc. be liable for loss of data or for
indirect, special, incidental, consequential (including lost profit), or other damages based in
contract, tort or otherwise. Thinware, Inc. shall have no liability with respect to the content of the
SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions
contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business
interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential
information.

 

Do you agree to be bound by the terms of this EULA?

YES           NO

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