CEZEO SOFTWARE.
END USER LICENSE AGREEMENT
BACKUPTIME
IMPORTANT- PLEASE READ CAREFULLY
ANYONE MAY USE THIS SOFTWARE DURING A TEST PERIOD. FOLLOWING THIS TEST PERIOD,
IF YOU WISH TO CONTINUE TO USE THIS SOFTWARE, YOU MUST REGISTER IT.
USING THIS SOFTWARE: THIS LICENSE AGREEMENT FOR BACKUPTIME ("LICENSE
AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER ON BEHALF OF YOURSELF AS
AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS AUTHORIZED REPRESENTATIVE) AND
CEZEO SOFTWARE.
FOR THE BACKUPTIME SOFTWARE ("SOFTWARE"). THIS LICENSE AGREEMENT FOR BACKUPTIME
SUPERSEDES PREVIOUS VERSIONS. BY CLICKING ON THE "YES" BUTTON BELOW, INSTALLING
THE SOFTWARE (AS DEFINED BELOW), COPYING OR OTHERWISE USING THE SOFTWARE YOU
AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS END USER LICENSE AGREEMENT
REGARDING YOUR USE OF THE SOFTWARE.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, CLICK ON THE "NO"
BUTTON AND/OR DO NOT INSTALL, COPY OR OTHERWISE USE THE SOFTWARE.
1. GRANT OF LICENSE: Once registered, subject to the following terms, CEZEO
SOFTWARE hereby grants you a non-exclusive, perpetual, non-transferable license
to install and to use the BACKUPTIME software ("Software"). You may: (i)
install and use the Software for your internal use on the number of computers
for which you have paid license fees; and (ii) copy the Software for back-up or
archival purposes.
2. LICENSE RESTRICTIONS: You may not: (i) reverse engineer, decompile, or
disassemble the Software; (ii) modify, or create derivative works based upon,
the Software in whole or in part; (iii) distribute copies of the Software; (iv)
remove any proprietary notices or labels on the Software; or (v) resell, lease,
rent, transfer, sublicense, or otherwise transfer rights to the Software. Any
such forbidden use shall immediately terminate your license to the software.
3. TITLE: You agree that no title to the intellectual property in the Software
is transferred to you. Title, ownership, rights, and intellectual property
rights in and to the Software shall remain in CEZEO SOFTWARE. The Software is
protected by copyright and patent laws and international treaties.
4. UPDATES: From time to time, CEZEO SOFTWARE may make updates to the Software
generally available. You may download and install these software updates
released by CEZEO SOFTWARE within one year of date of purchase and for any
extended term agreed to by you and CEZEO SOFTWARE. You must complete the
product registration form during software installation to be eligible for and
to be notified of software updates.
CEZEO SOFTWARE will notify you when updates are available through the update
feature in the Software. All updates to the Software shall be governed by this
Agreement, unless other license terms are provided with the update.
5. TECHNICAL SUPPORT: Technical support for the software, as made available by
CEZEO SOFTWARE, is described online at http://www.backuptime.com/. Technical
support via email is made available to registered, licensed users for up to one
year from the date of purchase, and for any extended term agreed to by you and
CEZEO SOFTWARE. You must complete the product registration form during software
installation to be eligible for support.
6. DISCLAIMER OF WARRANTY: The Software is provided to you at minimal charge.
ACCORDINGLY, YOU AGREE THAT CEZEO SOFTWARE HAS MADE NO EXPRESS WARRANTIES, ORAL
OR WRITTEN, TO YOU REGARDING THE SOFTWARE AND THAT THE SOFTWARE IS BEING
PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. CEZEO SOFTWARE DISCLAIMS
ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY,
INCLUDING, BUT WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NONINFRINGEMENT OF
THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
CEZEO SOFTWARE 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.
7. LIMITATION OF LIABILITY: You must assume the entire risk of using the
program. IN NO EVENT SHALL CEZEO SOFTWARE 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 CEZEO SOFTWARE,
EVEN IF CEZEO SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL CEZEO SOFTWARE LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT,
TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU,
PROVIDED, HOWEVER, IF THE RELEVANT SOFTWARE WAS PROVIDED TO YOU AT NO CHARGE
YOU AGREE CEZEO SOFTWARE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES. THIS
LIMITATION SHALL APPLY TO CLAIMS OF PERSONAL INJURY TO THE EXTENT PERMITTED BY
LAW.
8. TERMINATION: This Agreement shall terminate automatically if you fail to
comply with the limitations described in this Agreement. No notice shall be
required from CEZEO SOFTWARE to effect such termination. You may also terminate
this License Agreement at any time by notifying CEZEO SOFTWARE in writing of
termination. Upon any termination of this License Agreement, you must uninstall
and destroy all copies of the Software.
9. 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.
Governing Law.
This
product is protected by copyright law and international treaties.
Unauthorized reproduction or distribution may result in severe civil and
criminal penalties, and will be prosecuted to the maximum extent possible under
the law.
Entire Agreement.
You agree that this is the entire agreement between you and CEZEO SOFTWARE, and
that it supersedes any prior agreement, whether written or oral, and all other
communications between CEZEO SOFTWARE and you relating to the subject matter of
this Agreement.
Reservation of rights.
All rights not expressly granted in this Agreement are reserved by CEZEO
SOFTWARE.
Copyright © 1995-2002 CEZEO SOFTWARE.
http://www.cezeo.com/ and http://www.backuptime.com
All rights reserved. BACKUPTIME is a trademark of CEZEO SOFTWARE.
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