BFW End User Software License Agreement (EUSLA)
Backup for Workgroups (BFW) is not sold, it is licensed to an end user
according to the terms of the End User Software License Agreement (EUSLA). BFW
software is not subscription based and should not be sold or rented as a
service. If you are an IT Consultant considering reselling BFW to a customer,
you may choose to charge customers a fee for your services, but the BFW EUSLA
prohibits you from charging any type of fees for the use of the software.
When you download the Backup for Workgroups 30-day trial software, this is
the EUSLA that you MUST agree to in order to complete the installation process:
Lockstep Systems, Inc.
Backup for Workgroups(tm) End User Software License Agreement
OVERVIEW:
This is a legal Agreement between you, the end user ("Licensee"), and Lockstep
Systems, Inc. By exercising your rights to install and use copies of the Backup
for Workgroups Software ("Software"), you demonstrate your agreement to the
terms of this License Agreement. If you do not agree to the terms of this
License Agreement, you are not authorized to use the Software.
GRANT OF LICENSE:
Lockstep Systems grants you a non-exclusive, non-transferable license and right
to use the Software and the end-user documentation. Licensee assumes
responsibility for the selection of the program to achieve intended results, and
for the installation, use, and results obtained from the program. You do not
become the owner of, and Lockstep Systems, Inc. retains title to all of the
Software and documentation. The Software is licensed, not sold. All rights not
specifically granted in this license are expressly reserved by Lockstep Systems,
Inc.
If you have downloaded the Software or received it on media as an Evaluation
unit, your right to use the Software shall be effective from the date you first
install the Software until the end of the evaluation period. The Evaluation
Software is time sensitive and will not function upon expiration of the
evaluation period. The Software contains technological measures that are
designed to prevent unlicensed or illegal use of the Software and as such the
Software will shut down when an illegal/pirated License Number is entered into
the Software. While you use the Evaluation Software, you agree and are subject
to the terms of this License Agreement.
If you have received the Software as a component in a third party product you
purchased, or when you purchase a Software License to allow for licensed
operation of the Software past the Evaluation period, you may:
· Install and use the Software to backup one or multiple computers, where the
aggregate total of computers with the Software installed does not exceed the
total number of Backup for Workgroup licenses.
· Install and use one (1) copy of the Backup for Workgroups Backup Server
Software on one (1) computer.
· Enter the License Number or License Key into only one installed copy of the
Backup for Workgroups Backup Software.
· Use one (1) Backup Client license to backup one (1) computer in which the
backup set of the one (1) computer may include only one (1) network share.
· Make one (1) copy of the Software for archival and backup purposes only.
You may not:
· Translate, reprogram, attempt to discover the source code for the Software,
modify, disassemble, decompile, reverse-engineer or create derivatives of the
Software.
· Publicize or share information about legal or illegally obtained Software
License Numbers or License Keys with any third party.
· Rent, lease, transfer, sell or license the Software or any copy.
· Permit third parties to benefit from the use or functionality of the Software
via timesharing, service bureau or other arrangement.
· Enter the License Number or License Key into more than one installed copy of
the Software.
· Remove or obscure any copyright or trademark notices.
· Make copies of the Software and Software documentation.
· Use a previous version or copy of the Software after you have received or
downloaded a newer version of the Software. Any update or upgrade version of the
Software may only be used upon destruction of the prior version.
· Unbundle and sell this Software or any copy of it in the event that it was
received as a component in a third party product.
· Transfer any rights granted to you under this License Agreement.
· Distribute or make available for download any copy of the Software to any
third party without prior written permission from Lockstep Systems, Inc.
COMPLIANCE WITH EXPORT LAW:
You will not export or re-export the Software in violation of the U.S. Export
Administration regulations or other applicable laws and regulations. You will
defend, indemnify and hold harmless Lockstep Systems from and against all fines,
penalties, liabilities, damages, costs, and expenses incurred by Lockstep
Systems as a result of any violation of such laws and regulations by you or any
of your employees or agents.
LIMITED WARRANTY AND LIMITATION OF REMEDIES:
Lockstep Systems, Inc. does not warrant that the Software will meet your
requirements or that operation of the Software will be uninterrupted or that the
Software will be error-free.
Lockstep Systems, Inc. reserves the right to withhold technical support services
to individuals who have misused the Product, and/or violated the License
Agreement, and/or become rude or abusive in their communications with Lockstep
Systems, Inc. representatives.
EXCEPT AS STATED ABOVE, THE LICENSED PROGRAM IS PROVIDED "AS IS" WITHOUT ANY
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN
NO EVENT SHALL LOCKSTEP SYSTEMS BE LIABLE FOR LOSS OF PROFIT, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, INCLUDING
BUT NOT LIMITED TO SPECIAL INCIDENTAL CONSEQUENTIAL OR OTHER DAMAGES. SOME
STATES DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY OR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, IN WHICH CASE THIS LIMITATION MAY NOT APPLY TO YOU. IN NO
CASE SHALL LOCKSTEP SYSTEMS' LIABILITY FOR DAMAGES EXCEED THE AMOUNT PAID BY YOU
FOR THE SOFTWARE OUT OF WHICH SUCH CLAIM AROSE.
COPYRIGHTS:
All intellectual property rights in the Software and user documentation are
owned by Lockstep Systems, Inc. or its suppliers and are protected by United
States intellectual property laws (including patent, trademark, and copyright
laws), other applicable intellectual property laws, and international treaty
provisions. The Software and Documentation are copyrighted 2002-2015 by Lockstep
Systems, Inc. The Software has been provided to the Licensee pursuant to the
terms of this Agreement.
UNITED STATES GOVERNMENT RESTRICTED RIGHTS:
The Software and Documentation available from Lockstep Systems are "Commercial
Items", as that term is defined in 48 C.F.R.§2.101, consisting of "Commercial
Computer Software" and "Commercial Computer Software Documentation", as such
terms are defined in 48 C.F.R. §252.227-7014(a)(5) and 48 C.F.R.
§252.227-7014(a)(1), and used in 48 C.F.R. §12.212 and 48 C.F.R. 227.7202, as
applicable. Pursuant to 48 C.F.R. §12.212, 48 C.F.R.§252.227-7015, 48 C.F.R.
§227.7202 through 227.7202-4, 48 C.F.R. §52.227-19, and other relevant sections
of the Code of Federal Regulations, as applicable Lockstep Systems'
publications, commercial computer software, and commercial computer software
documentation are distributed and licensed to United States Government end users
with only those rights as granted to all other end users, according to the terms
and conditions contained in the license agreements that accompany the products
and software documentation, and the terms and conditions herein.
Contractor/manufacturer is Lockstep Systems, Inc., PO Box 4662, Scottsdale, AZ
85261 USA. Telephone +1.480.596.9432. Fax +1.480.596.9195.
GENERAL:
This License Agreement is effective from the first date you use this Software
and will remain in force until terminated. Your right to use the Software shall
be effective from the date you first install the Software until the end of the
Evaluation period. If this product was purchased as an upgrade, you must be the
lawful user of the Software subject to the upgrade, and this License Agreement
replaces the previously issued License Agreement. You may terminate this License
Agreement at any time by destroying the Software and accompanying written
material together with all copies. If for any reason your right to use the
Software terminates you must remove and destroy all copies of this Software and
any documentation provided to you. Upon Lockstep Systems' request, you must
provide written certification of such destruction.
In the event that Lockstep Systems learns that your License Keys have been
entered into more than one (1) installation of the software, Lockstep Systems,
Inc. will invoice you/your company for the full manufacturer's suggested list
price for the cost of the additional licenses.
Failure to comply with any term of this Agreement terminates your License and
may make you liable for legal damages to Lockstep Systems.
This License Agreement may not be modified unless in writing signed by Lockstep
Systems.
This Agreement is governed by the laws of the State of Arizona.
|
