End user agreement for vDCR Backup for VMWare
Ardeo Logic Inc – vDCR
END-USER LICENSE AGREEMENT
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Ardeo Logic Inc for the Ardeo Logic software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("Product"). An amendment or addendum to this EULA may accompany the Product. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE PRODUCT; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND.
1. GRANT OF LICENSE. Ardeo Logic grants you the following rights provided that you comply with all terms and Conditions of this EULA:
* Installation and use. You may install, use, access, Display and run a copy of the Product on a Computer, such as a server ("server Computer") as long as there is no direct Charge for this Product.
* The License for the product nor Medium (CD-ROM, Archive file, digital data stream) may not be transferred, sold, rented, leased, etc to a third party.
* Depending on license purchased (Standard, Professional, Advanced, Enterprise or Datacenter Editions) This product is to be used only according the licenses and license specifications and features.
* You can Install and use the software product on a lesser or Equal number of purchased server licenses or according to Site License (if applicable).
Server computers m
* You can Install and use the software product on a server computer with
lesser or Equal number of Central Processing Unit Sockets licenses (CPU Sockets licenses) and or Central Processing Unit Cores licenses (CPU Cores licenses)
purchased or according to Site License (if applicable).
* Storage/Network Use. You may also store or install a copy of the Product on a storage device, such as a network server, used only to install or run the Product on the
Server Computers over an internal network; The product may be used only by the licensee of the product.
* Reservation of Rights. Ardeo Logic reserves all rights not expressly granted to you in this EULA.
You may move the Product to a different Server Computer.
The initial licensee of the Product may not transfer the Product to another organization except of cases of organization merger. The transfer has to include all component parts, media, printed materials, this EULA, and if applicable, the Certificate of Authenticity. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the transferred Product must agree to all the EULA terms. No Rental. You may not rent, lease, or lend the Product.
3. LIMITATION ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY.
You may not reverse engineer, decompile, or disassemble the Product, except and only to the extent that it is expressly permitted by applicable law notwithstanding this limitation.
Without prejudice to any other rights, Ardeo Logic may cancel this EULA if you do not abide by the terms and conditions of this EULA, in which case you must destroy all copies of the Product and all of its component parts without license or other costs refund.
5. CONSENT TO USE OF DATA.
You agree that Ardeo Logic and its affiliates may collect and use technical information
you provide as a part of support services related to the Product. Ardeo Logic agrees not to use this information in a form that personally identifies you.
6. NOT FOR RESALE SOFTWARE.
Product identified as "Not for Resale" or "NFR," may not be resold, transferred or used for any purpose other than demonstration, test or evaluation.
7. LIMITED WARRANTY FOR SOFTWARE PRODUCTS
ACQUIRED IN THE US AND CANADA.
Ardeo Logic warrants that the Product will perform substantially in accordance with the accompanying materials for a period of ninety days from the date of receipt. If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS
LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY (90) DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations
on how long an implied warranty or condition lasts, so the above limitation may not apply to you. Any supplements or updates to the Product, including without limitation, any (if any) updates or patches provided to you after the expiration of the ninety day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory. LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by Ardeo Logic , YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO
CONSEQUENTIAL DAMAGES, if the Product does not meet Ardeo Logic 's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 13 below ("Exclusion of Incidental, Consequential and Certain Other Damages") are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY. Ardeo Logic’s and its suppliers' entire liability and your exclusive remedy shall be, at Ardeo Logic 's option from time to time exercised subject to applicable law, (a) return of the price paid (if any) for the Product, or (b) repair or replacement of the Product, that does not meet this Limited Warranty and that is returned to Ardeo Logic with a copy of your receipt. You will receive the remedy elected by Ardeo Logic , except that you are responsible for any expenses you may incur (e.g. cost of shipping the Product to Ardeo Logic ). This Limited Warranty is void if failure of the Product has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside of the United States or Canada, neither these remedies nor any product support services offered by Ardeo Logic are available without proof of purchase from an authorized international source. To exercise your remedy, contact: Ardeo Logic , Attn. Ardeo Logic Sales, firstname.lastname@example.org or the Ardeo Logic 's subsidiary serving your country.
8. DISCLAIMER OF WARRANTIES.
The Limited Warranty that appears above is the only express warranty made to you and
is provided in lieu of any other express warranties (if any) created by any documentation or packaging. Except for the Limited Warranty and to the maximum extent permitted by
applicable law, Ardeo Logic and its suppliers provide the Product and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and
conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Product, and the provision of or failure to provide support services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION,
CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT.
9. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARDEO LOGIC OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF ARDEO LOGIC OR ANY SUPPLIER, AND EVEN IF ARDEO LOGIC OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. LIMITATION OF LIABILITY AND REMEDIES.
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Ardeo Logic and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing (except for any remedy of repair or replacement elected by Ardeo Logic with respect to any breach of the Limited Warranty) shall be limited to the greater of the amount actually paid by you for the Product or U.S.$5.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
11. APPLICABLE LAW.
If you acquired this Product in the United States, this EULA is governed by the laws of the State of Washington. If you acquired this Product in Canada, unless expressly prohibited by local law, this EULA is governed by the laws in force in the Province of Ontario, Canada; and, in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If this Product was acquired outside the United States, then local law may apply.
12. ENTIRE AGREEMENT.
This EULA (including any addendum or amendment to this EULA which is included with the Product) are the entire agreement between you and Ardeo Logic relating to the Product and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Product or any other subject matter covered by this EULA. To the extent the terms of any Ardeo Logic policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.
13. The Product is protected by copyright and other intellectual property laws and treaties. Ardeo Logic or its suppliers own the title, copyright, and other intellectual property rights in the Product. The Product is licensed, not sold.