Copyright (c) 2018 JetApps
END USER LICENSE AGREEMENT
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
By receiving, opening the file package, and/or using JetBackup (“Software”) containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
“Licensed Server” means the single server operating solely from the IP address identified by You in the Pricing and Term Agreement to which the terms and conditions of this Agreement shall apply. A Licensed Server may be a Virtual Private Server. You may update the IP address associated with the Licensed Server from time to time during the Term (a) by visiting http://www.jetbackup.com or such other URL as we may designate from time to time; (b) in the case of JetApps Partners, by using the Manage Interfaceor (c) by such other method as we may elect to provide from time to time during the Term.
Unless you have a different license agreement signed by JetApps your use of JetBackup indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, JetApps grants to you a limited, non-exclusive, non-transferable single Licensed Server license, without right to sub-license, to use JetBackup in accordance with this Agreement and any other written agreement with JetApps. JetApps does not transfer the title of JetBackup to you; the license granted to you is not a sale. This agreement is a binding legal agreement between JetApps and the purchasers or users of JetBackup .
For the avoidance of doubt, You may NOT install or use JetBackup on any other servers or computers other than the Licensed Server. If You wish to install and use the Software on servers other than the Licensed Server, You will need to obtain a separate license for each additional server, including without limitation a separate license for each additional Virtual Private Server.
If you do not agree to be bound by this agreement, remove JetBackup from your computer now and, if applicable, promptly return to JetApps by mail any copies of JetBackup and related documentation and packaging in your possession.
JetBackup and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of JetBackup contact JetApps.
3. USER AGREEMENT
Your license to use JetBackup is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of JetBackup .
3.2 Use Restrictions
You shall use JetBackup in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of JetBackup together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of JetBackup may be used on one single computer location by one user. Use of JetBackup means that you have loaded, installed, or run JetBackup on a computer or similar device. If you install JetBackup onto a multi-user platform, server or network, each and every individual user of JetBackup must be licensed separately.
You may make one copy of JetBackup for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of JetBackup . The assignment, sublicense, networking, sale, or distribution of copies of JetBackup are strictly forbidden without the prior written consent of JetApps. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of JetBackup . If any person other than yourself uses JetBackup registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
3.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile JetBackup . Nor can you create any derivative works or other works that are based upon or derived from JetBackup in whole or in part.
JetApps’s name, logo and graphics file that represents JetBackup shall not be used in any way to promote products developed with JetBackup . JetApps retains sole and exclusive ownership of all right, title and interest in and to JetBackup and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of JetBackup , products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for JetApps.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend JetApps , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of JetApps’s Software.
In no event (including, without limitation, in the event of negligence) will JetApps , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, JetBackup or the use or inability to use JetBackup or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
JetApps’s entire liability, without exception, is limited to the customers’ reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by JetApps ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to JetApps.
Except as expressly stated in writing, JetApps makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law
This Agreement shall be governed by the law of the United States applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of United States therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of JetBackup and destroy all copies of JetBackup supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD “AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY JetBackup AS WELL.
5. CONSENT OF USE OF DATA
You agree that JetApps may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to JetBackup .JetApps may also use this information to provide notices to you which may be of use or interest to you.