End user agreement for AceBackup
This License Agreement and Limited Warranty constitute a legally binding agreement (hereafter referred to as the "License Agreement") between you (as an individual person or organisation) and AceBIT GmbH (hereafter referred to as "AceBIT") as regards the use of the software product AceBackup (hereafter referred to as the "Software"), including other software, media and accompanying documentation made available in electronic or printed format.
BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEEMENT.
The terms under which you as the end user (hereafter referred to as the "End User") are permitted to use AceBIT software are explained below. By installing the software, you agree to be bound by these terms. It is therefore important that you read the text below carefully. If you do not agree with these terms, you may not install the Software. In this case, promptly return the Software to the place from which you obtained it for a full refund.
Terms of the Licence Agreement
1. Subject of Agreement
This Agreement concerns the computer program as made available (on floppy disk/CD, as e-mail attachment or by file download), the program description and user manual, and any other related printed or electronic documentation. These items are hereafter collectively referred to as "Software". AceBIT wishes to emphasise that, given the current state of technology, it is not possible to create computer software that works properly in all applications and possible combinations with other software products. This License Agreement therefore covers only Software that is considered useable in principle in accordance with the program description and user manual.
2. Use of Software
AceBIT grants registered End Users the simple and non-exclusive right to use the Software for the duration of this Agreement on a single computer (e.g. on a computer with only one central processing unit) and on a second home computer or laptop, provided that this second computer is used exclusively by the End User. Any other use is prohibited.
To use the Software, you must register as an End User with AceBIT. Registration is completed automatically by means of an e-mail message generated by the Software and sent to AceBIT, containing the entered contact details (name, company, postal address, e-mail address, telephone number) of the End User. After receipt of this e-mail message, AceBIT will send a confirmation of registration to the End User per e-mail. The above contact details are stored electronically by AceBIT for internal purposes and are not made available to third parties. By installing the Software, the End User agrees to the dispatch of contact details and the subsequent storage of this data by AceBIT. AceBIT reserves the right not to grant users rights, if incorrect contact details were submitted upon registration.
From the moment of registration, the End User receives product-related information (relating to updates, patches, upgrade versions, user instructions, etc.) gratis per e-mail from AceBIT. By registering with AceBIT, the End User explicitly agrees to accept the product information sent to him. He reserves the right to revoke his consent by e-mail at any time after receipt of the first package of product information.
4. Limitations of Use
The End User is not entitled to:
a) transfer the Software to a third party, or to make it available to a third party, in any form whatsoever, without the prior written consent of AceBIT;
b) electronically transmit the Software from one computer across a network or data line to another computer;
c) modify, translate, reverse engineer, decompile or disassemble the Software without the prior written consent of AceBIT;
d) create products based on the Software, or to copy the printed documentation;
e) translate or edit the documentation, or create products based on the documentation.
5. Property Rights
By purchasing the product, you become the owner of the physical data storage device on which the Software or the relevant files are recorded. The purchase does not in any way entitle the End User to any rights in the Software. AceBIT reserves all rights in the Software, including the right of publication, copying and editing as well as any commercial property rights.
6. Reproduction of Software
The Software and the associated documentation are protected by copyright law. Provided that the Software is not equipped with copy protection, the End User is entitled to make one copy of the Software for backup purposes. The End User is obliged to equip the backup copy of the Software with a copyright note identifying AceBIT GmbH as the owner of the copyright. Copyright marks applied to or included in the Software may not be removed. The copying or reproduction of all or any portion of the Software or documentation in its original or modified form, by electronic or any other means, is explicitly prohibited.
7. Transfer of End User Right
The End User rights in the Software may only be transferred to a third party with the prior written consent of AceBIT and in accordance with the terms of this Agreement. The handing over, lease or rental of the Software is prohibited.
8. Duration of Agreement
This License Agreement is not limited in time. The right of the End User to use the Software automatically ceases without any notification, if one or more clauses of this agreement are breached. Upon termination of the Agreement, the End User is obliged to return the original floppy disk/CD or the original files and any copies made of the Software, including any modified versions of the Software, as well as the documentation.
9. Compensation for Damages in Case of Breach of Contract
AceBIT reserves the right to claim for damages arising from infringement of its property rights due to breach of a contractual clause by the End User.
10. Upgrades and Updates
AceBIT reserves the right to upgrade and update the Software at its own discretion. AceBIT is not obliged to provide End Users who failed to send in the registration card or who have not paid for the update (unless it is free of charge) with updates of the Software. The user support provided by AceBIT for the Software is limited to the current version of the product and the version immediately preceding the current one. AceBIT shall not be obliged to provide support and services for older versions of the Software.
11. Warranty and Liability of AceBIT GmbH
a) AceBIT guarantees that that data storage device on which the Software is made available, the electronically supplied files of the Software and/or the supplied hardware will perform properly under normal conditions and will be free of defects in material and workmanship when handled, used and maintained properly.
b) In the event of a defective storage device (floppy disk/CD) or supplied hardware, the End User shall be entitled to demand replacement within a warranty period of 24 months from the date of delivery. In order to receive a replacement, the End user must return the defective floppy disk or CD, and/or the supplied hardware, including any backup copies of the software, the documentation and the invoice or receipt as proof of purchase to AceBIT or the company from which the product was purchased.
c) For reasons outlined in clause 1, AceBIT does not provide any warranty for the actual Software. In particular, AceBIT does not guarantee the performance of the Software and its suitability regarding the requirements of the End User and the purpose for which it was purchased, and the performance of the Software when used in conjunction with other applications. The End User is solely responsible for the correct selection of the Software and its use and any intended or accidental results of such use. This also applies accordingly to the documentation accompanying the Software. If the Software is not substantially usable pursuant of clause 1, the End User shall be entitled to terminate the Agreement with immediate effect. If the Software cannot be made useable at reasonable cost, AceBIT shall also be entitled to terminate the Agreement with immediate effect.
d) In no case shall AceBIT be liable for any damages, claims or costs whatsoever, or any consequential, indirect, incidental damages, loss of profit or lost savings, unless caused intentionally or as a result of gross negligence on the part of AceBIT. Liability for damages caused by gross negligence shall not apply to End Users who are registered traders. Liability of AceBIT for guaranteed Software properties remains unaffected. AceBIT shall not be held liable for consequential damages caused by a Software property that has not been explicitly guaranteed.
Any disputes arising from this Agreement shall be settled before a competent court in Darmstadt, Germany.
If you have any questions concerning this License Agreement, please write to: AceBIT GmbH, Darmstaedter Str. 1, D-64354 Reinheim, Germany