End user agreement for CloudBerry S3 Backup
BETA TESTING LICENSE AGREEMENT
IT IS IMPORTANT THAT YOU READ AND FULLY UNDERSTAND THE FOLLOWING:
This CloudBerry Lab (henceforth "CloudBerry Lab") BETA TESTING END USER LICENSE AGREEMENT (henceforth "EULA") is a legal agreement between you (either an individual or a single entity) and CloudBerry Lab for the CloudBerry Lab software product(s) accompanying this EULA, which include(s) computer software and may include "online" or electronic documentation, associated media, and printed materials (henceforth "SOFTWARE PRODUCT"). By installing, copying, or initiating use in any manner of the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, copy or use the SOFTWARE PRODUCT.
THE BETA SOFTWARE PRODUCT LICENSED HEREUNDER IS BELIEVED TO CONTAIN DEFECTS AND A PRIMARY PURPOSE OF THIS BETA TESTING LICENSE IS TO OBTAIN FEEDBACK ON SOFTWARE PERFORMANCE AND THE IDENTIFICATION OF DEFECTS. LICENSEE IS ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SOFTWARE AND/OR ACCOMPANYING MATERIALS.
BETA-SOFTWARE PRODUCT SUPPORT
CloudBerry Lab is under no obligation to provide technical support under the terms of this EULA, and provides no assurance that any specific errors or discrepancies in the SOFTWARE PRODUCT will be corrected. CloudBerry Lab may, in its sole and exclusive discretion, make available for contact during the term of this Agreement certain product development personnel.
TERM OF THIS AGREEMENT
Your rights with respect to the Beta Software, shall commence on the date you accept the terms and conditions of this Beta Software and shall terminate upon the earlier of (a) the initial commercial release by CloudBerry Lab of a generally available version of the SOFTWARE PRODUCT or (b) 60 days after the date you receive the SOFTWARE PRODUCT or any update thereto, at which time you will have the option to convert this Beta Testing License to a CloudBerry Lab’s Standard End-User License under the terms of its Standard End-User License Agreement. Either party may terminate this Agreement at any time for any reason or no reason by providing the other party advance written notice thereof. Upon any expiration or termination of this Agreement, the rights and licenses granted to you under this Agreement shall immediately terminate, and you shall immediately cease using, and will return to CloudBerry Lab (or, at CloudBerry Lab’s request, destroy), the SOFTWARE PRODUCT, Documentation, and all other tangible items in your possession or control that are proprietary to or contain Confidential Information.
GENERAL LICENSE GRANT.
As a single individual, CloudBerry Lab grants to you a personal, nonexclusive license to make and use copies of the SOFTWARE PRODUCT in the manner provided below. As an entity, CloudBerry Lab grants you the right to appoint one individual within your organization to possess the sole right to access the SOFTWARE PRODUCT in the manner as outlined below.
All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets", incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by CloudBerry Lab or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may either (a) make one copy of the SOFTWARE PRODUCT solely for backup purposes or archival purposes, or (b) install the SOFTWARE PRODUCT on a single computer provided you keep the original solely for backup or archival purposes. Copying of the printed materials accompanying the SOFTWARE PRODUCT will be regarded as breach of copyright and will accordingly attract the appropriate action.
UPDATE LICENSE TERMS.
All UPDATES shall be considered part of the SOFTWARE PRODUCT and as such are subject to the terms and conditions of this EULA. Additional license terms may accompany UPDATES (as defined in the first paragraph of this EULA). Installation, copying, or use in any manner of the UPDATES will be deemed as agreement to be bound by the terms and conditions accompanying each said UPDATE. If you do not agree to the additional license terms accompanying such UPDATES, do not install, copy, or otherwise use said UPDATES.
DISCLAIMER OF WARRANTY
THE SOFTWARE PRODUCT IS PROVIDED IN IT'S ENTIRITY AND IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT AUTHORISED BY APPLICABLE LAW, CloudBerry Lab AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY AGAINST INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
YOUR EXCLUSIVE REMEDY AND CloudBerry Lab's ENTIRE LIABILITY DOES NOT EXCEED THE PRICE PAID FOR THE SOFTWARE PRODUCT.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT AUTHORIZED BY APPLICABLE LAW, NO CIRCUMSTANCE WILL PLACE CLOUDBERRY LAB OR ITS SUPPLIERS AS LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING AND WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, INCLUDING SITUATIONS WHERE CloudBerry Lab HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. REGARDLESS, CLOUDBERRY LAB ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT.