End user agreement for CyArc - File Archive and Recovery
*** NO-NONSENSE LICENSE STATEMENT AND LIMITED WARRANTY ***
IMPORTANT - READ CAREFULLY
This license statement and limited warranty constitutes a legal agreement ("License Agreement") between you (either as an individual or a single entity) and CyWarp ("CyWarp") for the software product ("CyArc") identified above, including any software, media, and accompanying on-line or printed documentation.
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING AS BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT.
Upon your acceptance of the terms and conditions of the License Agreement, CyWarp grants you the right to use the Software in the manner provided below. Specific provisions are made for the registered version of the Software as against evaluation versions.
The following license provisions apply to the registered version of CyArc. If you are yet to purchase a license for CyArc then see the section "Evaluation License" immediately below.
This Software is owned by CyWarp or its suppliers and is protected by copyright law and international copyright treaty. You are required to maintain the confidentiality of any registration keys or unlock codes issued to you to provide the functionality of the registered version.
You may transfer the Software and documentation on a permanent basis provided you retain no copies and the recipient agrees to the terms of the License Agreement.
One registered copy of CyArc may either be used by a single person who uses the software personally on one or two computers, or installed on a single workstation used non-simultaneously by multiple people, but not both.
You may access the registered version of CyArc through a network, provided that you have obtained individual licenses for the software covering all workstations that will access the software through the network. For instance, if 8 different workstations will access CyArc on the network, each workstation must have its own CyArc license, regardless of whether they use CyArc at different times or concurrently.
The following license provisions apply to the evaluation version of CyArc. If you have purchased a license for the registered version of CyArc, see the section "Registered License" immediately above.
This is not free software. Subject to the terms below, you are hereby licensed to use this software for evaluation purposes without charge for a period of 30 days. If you use this software after the 30 day evaluation period a registration fee as described in the file ORDER.TXT is required. When payment is received you will be sent a registration code to unlock the registered features of CyArc.
Unregistered use of CyArc Standard Edition after the 30-day evaluation period is in violation of international copyright laws.
Distribution of Evaluation Version
You are hereby licensed to make as many copies of the evaluation version of this software and documentation as you wish; give exact copies of the original evaluation version to anyone; and distribute the evaluation version of the software and documentation in its unmodified form via electronic means. There is no charge for any of the above.
You may make this software available for Internet download only on request from CyWarp or after obtaining written permission from CyWarp. Written permission will only be granted if CyWarp is advised of the proposed download location and there is an acceptable process for CyWarp to provide version updates.
You are specifically prohibited from charging, or requesting donations, for any such copies, however made; and from distributing the software and/or documentation with other products (commercial or otherwise) without prior written permission.
Except as provided in the License Agreement, you may not transfer, rent, lease, lend, copy, modify, translate, sublicense, time-share or electronically transmit or receive the Software, media or documentation. You acknowledge that the Software in source code form remains a confidential trade secret of CyWarp and/or its suppliers and therefore you agree not to modify the Software or attempt to reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Disclaimer of Warranty
Because of the various hardware and software environments into which CyArc may be put, no warranty of fitness for a particular purpose is offered.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CYWARP AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM COUNTRY/STATE/JURISDICTION TO COUNTRY/STATE/JURISDICTION.
Limitation Of Liability
Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The user must assume the risks associated with operating the program.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CYWARP OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF CYWARP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, CYWARP'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S. $25. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
This License Agreement may only be modified in writing signed by you and an authorized officer of CyWarp. All terms of any purchase order or other ordering document shall be superseded by this License Agreement. If any provision of this License Agreement is found void or unenforceable, the remainder will remain valid and enforceable according to its terms. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in the Limited Warranty shall remain in effect.
This License Agreement shall be construed, interpreted and governed by the laws of the State of Queensland, Australia. This License Agreement gives you specific legal rights; you may have others which vary from state to state and from country to country. CyWarp reserves all rights not specifically granted in this License Agreement.