End user agreement for RollBack Rx Software - Professional
The software you have selected to download is provided to you by Horizon DataSys without any warranties, representations or guarantees of any kind. Below is our product’s EULA.
LIKE ANY RECOVERY / DATA RESTORE PRODUCT, THERE IS A RISK OF DATA LOSS OR DAMAGE WHEN USED IMPROPERLY OR IN UNTESTED ENVIRONMENTS OR CONFIGURATIONS. ACCORDINGLY, YOU SHOULD USE THE SOFTWARE IN STRICT ACCORDANCE WITH ITS DOCUMENTATION AND ONLY AFTER MAKING A SUCCESSFUL BACK-UP OF YOUR DATA. PLEASE CONSULT OUR KNOWLEDGE BASE FOR FURTHER INFORMATION.
BY USING THE SOFTWARE YOU EXPRESSLY ASSUME ALL RISK OF LOSS ASSOCIATED WITH ANY DATA LOSS OR DAMAGE.
Please Note: Horizon Datasys provides trial support for the downloaded software if the software is downloaded as a trial. Please feel free to submit a support ticket for any questions that you may have.
NEW HORIZON DATASYS INC. ( “Horizon”)
END USER LICENSE AGREEMENT (“EULA”)
PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE HORIZON SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS EULA, INCLUDING THE LIMITATIONS ON USE SPECIFIED IN SECTION 2; TRANSFERABILITY IN SECTION 4; WARRANTY IN SECTION 6 AND 7; AND LIABILITY IN SECTION 8. YOU AGREE THAT THIS EULA IS AN ENFORCEABLE CONTRACT AS IF IT WERE ANY WRITTEN AGREEMENT SIGNED BY YOU.
BY CLICKING THE "ACCEPT" BUTTON, YOU OR THE ORGANIZATION OR COMPANY THAT YOU REPRESENT ("LICENSEE") ARE UNCONDITIONALLY CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS EULA.
IF LICENSEE DOES NOT UNCONDITIONALLY AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "DECLINE" BUTTON. CLICKING "DECLINE" WILL STOP THE DOWNLOAD AND INSTALLATION PROCESS OR, IF THE SOFTWARE HAS BEEN PREINSTALLED, THEN THIS ACTION WILL STOP THE HORIZON SOFTWARE FROM RUNNING.
IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS SOFTWARE. IF YOU ACQUIRED THE SOFTWARE ON TANGIBLE MEDIA (i.e. disk) WITHOUT AN OPPORTUNITY TO REVIEW THIS LICENSE AND YOU DO NOT ACCEPT THIS AGREEMENT, YOU MAY OBTAIN A REFUND OF THE AMOUNT YOU ORIGINALLY PAID IF YOU: (A) DO NOT USE THE SOFTWARE AND (B) RETURN IT, WITH PROOF OF PAYMENT, TO THE RETAILER FROM WHOM IT WAS PURCHASED WITHIN THIRTY (30) DAYS OF THE PURCHASE DATE.
1. Definitions. "Software" means (a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to (i) HORIZON or third party computer information or software; (ii) related explanatory written materials ("Documentation"); and (b) upgrades, modified versions, updates, and copies of the Software, if any, licensed to you by HORIZON (collectively, "Updates"). "Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation. "Permitted Number" means one (1) unless otherwise indicated under a valid volume license granted by HORIZON. "Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions. "HORIZON " means HORIZON DATASYS Inc.
2. Software License. As long as you comply with the terms of this End User License Agreement (the "Agreement"), HORIZON grants to you a non-exclusive license to Use the Software for the purposes described in the Documentation. Some third party materials included in the Software may be subject to other terms and conditions, which are typically found in a "Read Me" file located near such materials.
2.1. General Use. You may install and Use a copy of the Software on your compatible computer, up to the Permitted Number of computers.
2.2. Exception For Servers. You may install one copy of the Software on your computer file server for the purpose of downloading and installing the Software onto other computers within your internal network up to the Permitted Number or you may install one copy of the Software on a computer file server within your internal network for the sole and exclusive purpose of using the Software through commands, data or instructions from an unlimited number of computers on your internal network. No other network use is permitted, including but not limited to, using the Software either directly or through commands, data or instructions from or to a computer not part of your internal network, for internet or web hosting services or by any user not licensed to use this copy of the Software through a valid license from HORIZON; and
2.3. Backup Copy. You may make one backup copy of the Software, provided your backup copy is not installed or used on any computer. You may not transfer the rights to a backup copy unless you transfer all rights in the Software as provided under Section 4.
2.4 Upgrades and Support. Support for the version of the Software purchased will be provided at no charge for one year from the date of purchase. Other than that, this Agreement does not entitle LICENSEE to any support, upgrades, patches, enhancements or fixes for the Software (collectively, "Support") unless Licensee has made makes separate arrangements for Support with HORIZON and pays any fees associated with such Support as set forth on HORIZON 's Web site. Any such Support for the Software that may be made available by HORIZON shall become part of the Software and subject to this Agreement.
3. Intellectual Property Rights. The Software and any copies that you are authorized by HORIZON to make, are the intellectual property of and are owned by HORIZON DATASYS Incorporated and its suppliers. The organization and code of the Software are the valuable trade secrets and confidential information of HORIZON and its suppliers. It is protected by copyright, including without limitation by United States and Canadian Copyright Law, international treaty provisions and applicable laws in the country in which it is being used. You may not copy the Software, except as set forth in Section 2 ("Software License"). Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. You agree not to modify, adapt or translate the Software. You also agree not to reverse engineer, disassemble, de-compile, or otherwise attempt to discover the source code of the Software (except where the foregoing is required by applicable local law, and then only to the extent so permitted). This Agreement does not grant you any intellectual property rights in the Software.
4. Transfer. You may not, rent, lease, transfer, sub-license or authorize all or any portion of the Software to be copied onto another user’s computer.
5. Multiple Environment Software. If the Software supports multiple platforms or languages, if you receive the Software on multiple media, if you otherwise receive multiple copies of the Software, or if you received the Software bundled with other software, the total number of your computers on which all versions of the Software are installed may not exceed the Permitted Number. You may not, rent, lease, sublicense, lend or transfer any versions or copies of such Software you do not Use. If the Software is an Update to a previous version of the Software, you must possess a valid license to such previous version in order to Use the Update. You may continue to Use the previous version of the Software on your computer after you receive the Update to assist you in the transition to the Update, provided that: the Update and the previous version are installed on the same computer; the previous version or copies thereof are not transferred to another party or computer unless all copies of the Update are also transferred to such party or computer; and you acknowledge that any obligation HORIZON may have to support the previous version of the Software may be ended upon availability of the Update.
6. NO WARRANTY. The Software is being delivered to you on an "AS IS" basis and HORIZON makes no warranty as to its use or performance. HORIZON AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, HORIZON AND ITS SUPPLIERS MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
7. Beta Product Additional Terms. If the product you have received with this license is pre-commercial release or beta Software ("beta Software"), then the following Section applies. To the extent that any provision in this Section is in conflict with any other term or condition in this Agreement, this Section shall supersede such other term(s) and condition(s) with respect to the beta Software, but only to the extent necessary to resolve the conflict. You acknowledge that the Software is a beta version, does not represent final product from HORIZON , and may contain bugs, errors and other problems that could cause system or other failures and data loss. Consequently, the beta Software is provided to you "AS-IS", and HORIZON disclaims any warranty or liability obligations to you of any kind. WHERE LEGALLY LIABILITY CANNOT BE EXCLUDED FOR BETA SOFTWARE, BUT IT MAY BE LIMITED, HORIZON ’S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE SUM OF SIXTY-FIVE DOLLARS (U.S. $65) IN TOTAL. You acknowledge that HORIZON has not promised or guaranteed to you that beta Software will be announced or made available to anyone in the future, that HORIZON has no express or implied obligation to you to announce or introduce the beta Software and that HORIZON may not introduce a product similar to or compatible with the beta Software. Accordingly, you acknowledge that any research or development that you perform regarding the beta Software or any product associated with the beta Software is done entirely at your own risk. During the term of this Agreement, if requested by HORIZON, you will provide feedback to HORIZON regarding testing and use of the beta Software, including error or bug reports. If you have been provided the beta Software pursuant to a separate written agreement, your use of the Software is also governed by such agreement. You agree that you may not and certify that you will not sublicense, lease, loan, rent, or transfer the beta Software. Upon receipt of a later unreleased version of the beta Software or release by HORIZON of a publicly released commercial version of the Software, whether as a stand-alone product or as part of a larger product, you agree to return or destroy all earlier beta Software received from HORIZON and to abide by the terms of the End User License Agreement for any such later versions of the beta Software. Notwithstanding anything in this Section to the contrary, if you are located outside the United States of America, you agree that you will return or destroy all unreleased versions of the beta Software within thirty (30) days of the completion of your testing of the Software when such date is earlier than the date for HORIZON 's first commercial shipment of the publicly released (commercial) Software.
8. LIMITATION OF LIABILITY. IN NO EVENT WILL HORIZON OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN HORIZON REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. HORIZON’S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. Nothing contained in this Agreement limits HORIZON ’s liability to you in the event of death or personal injury resulting from HORIZON ’s negligence or for the tort of deceit (fraud). HORIZON is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. For further information, please see the jurisdiction specific information at the end of this Agreement, if any, or contact HORIZON ’s Customer Support Department.
9. Export Rules. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to Use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.
10. Governing Law. Governing Law and Forum Unless expressly prohibited by local law, this EULA shall be governed by and interpreted in accordance with the laws of the Province of British Columbia, and the laws of Canada applicable therein. The parties hereto do hereby attorn to the exclusive jurisdiction of the courts of the Province of British Columbia in respect of the resolution of all disputes.
If you acquired this SOFTWARE in the United States, this EULA is governed by the laws of the State of Washington. If You acquired this Software in Canada, unless expressly prohibited by local law, this EULA is governed by the laws in force in the Province of B.C., Canada; and, in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Vancouver, B.C. If you acquired this Software in the European Union, Iceland, Norway, or Switzerland, then local law applies. If you acquired this Software in any other country, then local law may apply.
11. General Provisions. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by a writing signed by an authorized officer of HORIZON. Updates may be licensed to you by HORIZON with additional or different terms. This is the entire agreement between HORIZON and LICENSEE relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.
12. Notice to U.S. Government End Users. The Software and Documentation are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. New Horizon DataSys Inc. 1085 East Kent Ave N., Vancouver BC Canada. For U.S. Government End Users, HORIZON agrees to comply with all applicable equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence shall be incorporated by reference in this Agreement.