End user agreement for Automatic USB Backup - Standard Edition
NEITSOFT END USER SOFTWARE LICENSE AGREEMENT
IMPORTANT: YOU SHOULD CAREFULLY READ THIS LEGAL AGREEMENT BEFORE INSTALLING THIS PACKAGE. BY INSTALLING THIS PRODUCT, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND AGREE THAT YOU WILL BE LEGALLY BOUND BY THEM. IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE TO YOU, DO NOT CONTINUE TO INSTALL THIS SOFTWARE.
NEITSOFT LICENSE TERMS
Neitsoft ("Developer") grants you ("Customer") a license to use our software subject to the separate, applicable provisions below.
I. LICENSE FOR NEITSOFT TRIAL VERSION
When Customer first obtain a copy of this Neitsoft's software, Customer are granted an evaluation period of not more than 15 days. During the 15 day evaluation period, the SOFTWARE has no functionality limitations.
II. LICENCE FOR NEITSOFT FULL VERSION
Customer may acquire full versions from Developer's website or from other distribution channels.
Customer who acquires a licence for a full version of Neitsoft's software is granted a nonexclusive licence to install and run this software on a single computer only.
Customer shall not use Neitsoft software for commercial timesharing.
Customer shall not rent any Neitsoft license to other parties.
LICENSE ACTIVATION: Customer hereby acknowledges and accepts that the Neitsoft software activation process may be used to enforce provisions of this Agreement that allows the use of one Neitsoft licence only on one computer. Customer agrees to the activation process for Neitsoft's software during which the manual entry of an activation code may be required. Developer may supply Customer with an activation code, which is bundled with Customer's hardware Neitsoft software is installed on. Customer agrees to provide Developer with a hardware identifier calculated by Neitsoft software installation when requested by Developer. Customer may send this hardware identifier to Developer by e-mail, submit via a web form on Developer's website or transmit in on-line activation process implemented by Neitsoft software when it's available.
NEITSOFT USERS MANAGEMENT SYSTEM: Personal data of customers that purchase a Neitsoft product is stored in the Users Management System (UMS). Only the data that customers or their agents enter into the Neitsoft purchase web page are stored in the UMS database.
Customer hereby allows Developer to store this data on Developer's server. This data shall be used for purchase tracking, reactivation of Neitsoft licences, refund and chargeback tracking and other customer service purposes.
Customer allows Developer to send infrequent product update newsletters and promotional offers to the e-mail and postal addresses stored in UMS.
REFUNDS: This "try before you buy" approach is the ultimate guarantee that the SOFTWARE will perform to your satisfaction; therefore, you understand and agree that there is no refund policy for any purchase of the SOFTWARE.
III. GENERAL PROVISIONS FOR NEITSOFT SOFTWARE
Customer shall not remove any product identification, copyright notices, or other notices or proprietary restrictions from Neitsoft software.
Customer shall not cause or permit reverse engineering, disassembly, or decompilation of Neitsoft software.
COPYRIGHT/OWNERSHIP OF PROGRAM: Neitsoft software is the proprietary product of Developer and its licensors and it is protected by copyright, trade secret and other intellectual property laws.
Customer acquires only the right to use Neitsoft software and does not acquire any rights, express or implied, to Neitsoft software or media containing Neitsoft software other than those specified in this Licence.
Developer, or its licensor, shall at all times retain all rights, title, interest, including intellectual property rights, in Neitsoft software and media.
TRANSMISSION OF DATA IN AUTOUPDATE:
At Customer discretion Neitsoft software may automatically check Developer's server (http://www.neitsoft.com) for new versions and security patches approximately once a week. If it finds a version that is newer than the version that is currently installed, Neitsoft software will suggest that Customer upgrades to the more recent version. The checking of new version is limited to the following technical data to be transmitted to Developer's server: current Neitsoft software version on the user's machine, a randomly generated 128-bit session ID and set of standard HTTP headers. Customer hereby allows such transmissions to occur.
NO WARRANTIES OF ANY KIND: NEITSOFT SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DEVELOPER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN NEITSOFT SOFTWARE WILL MEET CUSTOMER'S
REQUIREMENTS OR OPERATE IN AN ENVIRONMENT CREATED EITHER BY CUSTOMER OR ANY THRID PARTY OR THAT THE OPERATION OF NEITSOFT SOFTWARE WILL BE UNINTERRUPTED OR ERROR
FREE OR THAT NEITSOFT SOFTWARE ERRORS WILL BE CORRECTED. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF NEITSOFT SOFTWARE IS WITH CUSTOMER.
LIMITATION OF LIABILITY: NEITHER DEVELOPER NOR ANY OF ITS LICENSORS SHALL BE LIABLE FOR ANY DAMAGES CAUSED BY NEITSOFT SOFTWARE INCLUDING BUT NOT LIMITED TO INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, LOSS OF SAVINGS, REVENUE, DATA, INCURRED EITHER BY CUSTOMER OR ANY THIRD PARTY, EVEN IF
DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TERMINATION: This License is effective until terminated. Customer may terminate this Agreement at any time by uninstalling the Neitsoft software and deleting all its files. This License will terminate immediately without notice from Developer if Customer fails to comply with any provision of this License. Upon termination or expiration of this License Customer must uninstall the Neitsoft software and delete all its files.
EXPORT LAW ASSURANCE: Customer shall comply fully with all laws and regulations of the United Kingdom and other countries (Export Laws) to assure that neither Neitsoft software, nor any direct products thereof are exported, directly or indirectly, in violation of Export Laws, or are used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical, or biological weapons
proliferation. If Neitsoft software has been rightfully obtained by you outside of the United Kingdom, you agree that you will not re-export Neitsoft software nor any other technical data received, nor the direct product thereof, except as permitted by the laws and regulations of the United Kingdom and the laws and regulations of the jurisdiction in which you obtained Neitsoft software.
JURISDICTION AND DISPUTES: This Agreement shall be governed by the laws of the United Kingdom. All disputes hereunder shall be resolved in the applicable courts of the United Kingdom. The parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defences otherwise available. In any litigation arising out of this Agreement or related to the use or function of Neitsoft software, Developer shall be entitled to all legal costs and attorney's fees incurred in mediation, arbitration, suit and on appeal.
SEVERABILITY: If for any reason a court of competent jurisdiction finds any provision of this License or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this License shall continue in full force and effect.
COMPLETE AGREEMENT: This License constitutes the entire agreement between the parties with respect to the use of Neitsoft software and the related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of Developer.
CUSTOMER HEREBY ACKNOWLEDGES THAT CUSTOMER HAS READ THIS AGREEMENT, UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.