End user agreement for Back Me Up Backup Software
AMF Back Me Up for Windows; Evaluation License
This license applies to the Back Me Up Evaluation License. If you do not have an evaluation version of Back Me Up, see the section titled Back Me Up Standard License.
Your Agreement to this License
By using, copying, transmitting, distributing or installing Back Me Up ("Back Me Up"), you agree to all of the terms of this agreement (“License”).
Please read the license terms below. If you do not agree to all of the terms of this License, then do not use, copy, transmit, distribute, or install Back Me Up.
Scope of License
This is not free software. Subject to the terms below, you are hereby licensed by AMF Software to use one copy of Back Me Up, on one (1) computer or workstation, for evaluation purposes without charge for a period of 30 days. If you use this software after the 30-day evaluation period a registration fee is required. See the Back Me Up web site at http://www.amfsoftware.com/windows/backmeup.html for information about online ordering and quantity discounts.
Unregistered use of Back Me Up after the 30-day evaluation period is in violation of U.S. and international copyright laws.
You may, without making any payment to AMF Software:
a) give exact copies of this evaluation version of Back Me Up personally to anyone, except for the purpose of extending their 30-day evaluation period;
b) distribute exact copies of this evaluation version of Back Me Up, if done exclusively through electronic channels; and
c) make as many exact copies of this evaluation version of Back Me Up as you wish, for purposes of distribution as described in (a) and (b) above.
You are specifically prohibited from charging, or requesting donations, for any copies, however made, and from distributing such copies with other products of any kind, commercial or otherwise, without prior written permission from AMF Software reserves the right to revoke the above distribution rights at any time, for any or no reason.
All rights of any kind in Back Me Up which are not expressly granted in this License are entirely and exclusively reserved to and by AMF Software. You may not rent, lease, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, Back Me Up. You may not make access to Back Me Up available to others in connection with a service bureau, application service provider, or similar business.
Warranty Disclaimers and Liability Limitations
Back Me Up, and any and all accompanying software, files, data and materials, are distributed and provided “AS IS” and with no warranties of any kind, whether express or implied You acknowledge that good data processing procedure dictates that any program, including Back Me Up, must be thoroughly tested with non-critical data before there is any reliance on it, and you hereby assume the entire risk of all use of the copies of Back Me Up covered by this License. This disclaimer of warranty constitutes an essential part of this License.
Any liability of AMF Software to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the purchase price paid to AMF Software for the use of Back Me Up. In no event shall AMF Software be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if AMF Software has been advised of the possibility of such damages.
In addition, in no event does AMF Software authorize you or anyone else to use Back Me Up in applications or systems where Back Me Up's failure to perform can reasonably be expected to result in a significant physical injury, or in loss of life. Any such use is entirely at your own risk, and you agree to hold AMF Software harmless from any and all claims or losses relating to such unauthorized use.
This License is the complete statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This License shall be governed by the laws of the State of Delaware. Any waiver by AMF Software of any violation of this License by you shall not constitute, nor contribute to, a waiver by AMF Software of any other or future violation of the same provision, or any other provision, of this License.