End user agreement for Eazy Backup
END USER LICENSE AGREEMENT
EAZY BACKUP - Perpetual license, one-year support and maintenance
REDISTRIBUTION NOT PERMITTED
Software License Agreement for "eazy-Backup"
IMPORTANT- PLEASE READ CAREFULLY
USING THIS SOFTWARE: THIS LICENSE AGREEMENT FOR EAZY BACKUP ("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 AJSYSTEMS.COM INC. FOR THE
EAZY BACKUP SOFTWARE ("SOFTWARE"). THIS LICENSE AGREEMENT FOR EAZY-BACKUP
SUPERSEDES PREVIOUS VERSIONS. BY CLICKING ON THE "ACCEPT" 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: Subject to the following terms, AJSYSTEMS.COM INC. ("AJSYSTEMS.COM")
hereby grants you a non-exclusive, perpetual, non-transferable license to install
and to use the "eazy-Backup" 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 AJSYSTEMS.COM. The Software is protected by copyright and
patent laws of the Canada and international treaties.
4. UPDATES: From time to time, AJSYSTEMS.COM may make updates to the Software generally
available. You may download and install these software updates released by AJSYSTEMS.COM
within one year of date of purchase and for any extended term agreed to by you and
AJSYSTEMS.COM. You must complete the product registration form during software
installation to be eligible for and to be notified of software updates. AJSYSTEMS.COM
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
AJSYSTEMS.COM, is described online at http://www.eazybackup.com/support.html. 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 AJSYSTEMS.COM.
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 AJSYSTEMS.COM 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. AJSYSTEMS.COM 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. AJSYSTEMS.COM 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
7. LIMITATION OF LIABILITY: You must assume the entire risk of using the program. IN NO
EVENT SHALL AJSYSTEMS.COM 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 AJSYSTEMS.COM SOFTWARE, EVEN IF AJSYSTEMS.COM HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL AJSYSTEMS.COM'S 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 AJSYSTEMS.COM 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 AJSYSTEMS.COM
to effect such termination. You may also terminate this License Agreement at any time by
notifying AJSYSTEMS.COM in writing of termination. Upon any termination of this License
Agreement, you must uninstall and destroy all copies of the Software.
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.
You agree that you will not export or re-export the Software outside of the jurisdiction
in which you obtained it without the appropriate government licenses.
This Agreement will be governed by the laws of the Province of Ontario, Canada as they
are applied to agreements between Ontario residents entered into and to be performed entirely within Ontario. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
You agree that this is the entire agreement between you and AJSYSTEMS.COM, and that it
supersedes any prior agreement, whether written or oral, and all other communications
between AJSYSTEMS.COM and you relating to the subject matter of this Agreement.
Reservation of rights.
All rights not expressly granted in this Agreement are reserved by AJSYSTEMS.COM.
Copyright (c) 2001-2002 AJSYSTEMS.COM Inc. 167 Tweedsdale Cr., Oakville, Ontaio,
Canada L6L 4P6
All rights reserved.