End user agreement for VOSI.biz Online Backup (x64)
VOSI.biz Software License Agreement
Revised Jan 30th, 2009
PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THIS SOFTWARE. IF YOU ACQUIRED THE SOFTWARE WITHOUT AN OPPORTUNITY TO REVIEW THIS LICENSE AND YOU DO NOT ACCEPT THIS AGREEMENT, YOU MUST IMMEDIATELY CEASE AND DESIST USING THE SOFTWARE AND MAY RETURN IT, WITH PROOF OF PAYMENT, TO THE LOCATION FROM WHICH IT WAS OBTAINED FOR A FULL REFUND OF THE AMOUNT YOU ORIGINALLY PAID.
This License Agreement ("Agreement") is a legal agreement between VOSI.biz, LLC ("VOSI.biz"), a Delaware limited liability company, principally located in Delaware, U.S.A. and you, the user ("Licensee"), and is effective the date Licensee installs, downloads, copies or otherwise Uses any VOSI.biz software product in whole or in part ("Software"). "Use", "Uses" or "Used" means to access any of the files that are included with the Software, to develop an application that makes use of the Software, to consult any of the documentation included with the Software, or to otherwise benefit from using the Software.
The Software is licensed, not sold. If Licensee has legitimately obtained a registered license from VOSI.biz or an authorized reseller, or if Licensee has downloaded a free copy of VOSI.biz free software, Licensee is considered to be an authorized ("Authorized") licensee.
1. GRANT OF INSTALL LICENSE
VOSI.biz grants Licensee the non-exclusive license to install the Software on an unlimited number of computers at Licensee's premises and on portable computers operated solely by Licensee.
2. GRANT OF DEVELOPMENT LICENSE
VOSI.biz grants Licensee the non-exclusive license to Use the Software on a single computer at any given time for the sole purpose of developing any number of end user applications that operate in conjunction with the Software. Only a Licensee that is Authorized may Use the Software for a period longer than 60 days after the date the Software was first installed on any computer at Licensee's premises. The license rights granted under this Agreement do not apply to development and distribution of software development products or toolkits of any kind, including but not limited to any class libraries, components, controls, web services, beans, compilers, plug-ins, adapters, authoring tools, DLLs, APIs or SDKs destined to be used by software developers other than Licensee(s) that are Authorized.
3. GRANT OF DUPLICATION AND DISTRIBUTION LICENSE
The Software may include certain runtime libraries and binary files intended for duplication and distribution by a Licensee that is Authorized. These runtime libraries and binary files are specifically identified in the "Redistributable Files" section of the documentation included with the Software (herein, "Redistributable Files").
If Licensee is Authorized, VOSI.biz grants Licensee the non-exclusive, royalty-free license to duplicate and distribute the Redistributable Files. The foregoing license is subject to the following conditions: If Licensee distributes the Redistributable Files, Licensee agrees to
(i) distribute the Redistributable Files only in conjunction with and as part of Licensee's software products;
(ii) not supply any means by which end users could incorporate the Software or portions thereof in their own products;
(iii) not use VOSI.biz name, logo or trademarks to market a non-VOSI.biz product;
(iv) include a valid copyright notice on Licensee's software product;
(v) indemnify, hold harmless, and defend VOSI.biz from and against any claims or lawsuits, including attorney's fees, that arise or result from the use and distribution of Licensee's software product; and
(vi) not permit further distribution of the Redistributable Files by end user(s) of Licensee's software product.
4. GRANT OF SOURCE CODE USE LICENSE
The source code portions of the Software may be provided by VOSI.biz, in a separate installation package, to any Licensee that is Authorized provided that Licensee has purchased the Source Code Edition of the Software. The portions of the Software for which source code is provided in the Source Code Edition (herein, "Source Code") are specifically described in the "Source Code Information" topic in the documentation included with the Software.
If Licensee is authorized and has purchased the Source Code Edition of the Software, VOSI.biz grants Licensee the non-exclusive license to view and modify the Source Code for the sole purposes of education and troubleshooting. If Licensee troubleshoots the Source Code, Licensee may compile the corrected source code and use and distribute the resulting object code solely as a replacement for the corresponding Redistributable Files the Source Code compiles into.
The foregoing license is subject to the following conditions:
(i) VOSI.biz shall retain all rights, title and interest in and to all corrections, modifications and derivative works of the Source Code created by Licensee, including all copyrights subsisting therein, to the extent such corrections, modifications or derivative works contain copyrightable code or expression derived from the Source Code;
(ii) Licensee may not distribute or disclose the Source Code, or any portions or modifications or derivative works thereof, to any third party, in source code form;
(iii) Licensee acknowledges that the Source Code contains valuable and proprietary trade secrets of VOSI.biz, and agrees to expend every effort to insure its confidentiality;
(iv) Under no circumstances may the Source Code be used, in whole or in part, as the basis for creating a new product that provides the same, or substantially the same, functionality as any VOSI.biz product;
(v) If Licensee distributes a compiled version of the corrected Source Code or portions thereof, Licensee must distribute it in accordance with the conditions listed in section 3 ("GRANT OF DUPLICATION AND DISTRIBUTION LICENSE") regarding the distribution of Redistributable Files.
5. SAMPLE CODE LICENSE
In addition to the licenses granted above, VOSI.biz grants Licensee the non-exclusive license to Use, copy and modify the source code version of those portions of the Software clearly identified as "Samples" or "Sample Code" or "Sample applications" ("Sample Code") for the sole purposes of designing, developing, and testing Licensee's software product(s). If Licensee is Authorized, Licensee may distribute any software product(s) developed by Licensee that contain the Sample Code or modifications thereof.
The foregoing license is subject to the following conditions:
(i) Licensee shall not use VOSI.biz name, logo, or trademarks to market their software product(s);
(ii) Licensee shall include a valid copyright notice on all copies of the Sample Code and any derivative works thereof;
(iii) Licensee shall agree to indemnify and hold harmless VOSI.biz from and against any claims or lawsuits, including attorneys' fees, that arise from or result from the use, copying, modification or distribution of the Sample Code and/or derivative works thereof, and
(iv) otherwise comply with the terms of this agreement. Licensee shall not permit further distribution of the Sample Code and/or derivative works by third parties.
6. BACK-UP AND TRANSFER
Licensee may make one copy of the Software solely for "back-up" purposes, as prescribed by United States, and international copyright laws. Licensee must reproduce and include the copyright notice on the back-up copy. Licensee may transfer the Software to another party only if the other party agrees to the terms and conditions of the Agreement, and completes and returns registration information (name, address, etc.) to VOSI.biz within 30 days of the transfer. Upon transferring the Software to another party, Licensee must terminate this Agreement by following the instructions in the "AGREEMENT TERMS" section below.
Licensee acknowledges that the Software, in source code form, remains a confidential trade secret of VOSI.biz and/or its suppliers and therefore Licensee agrees that it shall not modify, decompile, disassemble or reverse engineer the Software or attempt to do so. Licensee agrees to refrain from disclosing the Software (and to take reasonable measures with its employees to ensure they do not disclose the Software) to any person, firm or entity except as expressly permitted herein.
Licensee may not use, copy, modify, translate, or transfer the Software, documentation, license key, or any of the files included with the Software except as expressly defined in this agreement. Licensee may not attempt to unlock or bypass any "copy-protection", licensing or authentication algorithm utilized by the Software. Licensee may not remove or modify any copyright notice, nor the About Dialog or the method by which it may be invoked. Licensee may not rent or lease the Software. Violations will be prosecuted to the maximum extent possible under the law.
9. LIABILITY DISCLAIMER
The Software is provided as is, without any representation or warranty of any kind, either express or implied, including without limitation any representations or endorsements regarding the use of, the results of, or performance of the product, its appropriateness, accuracy, reliability, or correctness. The entire risk as to the use of this product is assumed by Licensee. VOSI.biz does not assume liability for the use of this Software beyond its original purchase price. In no event will VOSI.biz be liable for additional direct or indirect damages including any lost profits, lost savings, or other incidental or consequential damages arising from any defects, or the use or inability to use the Software, even if VOSI.biz has been advised of the possibility of such damages. If the software need backend www.VOSI.biz service to be fully functional, then Licensee must agree to www.VOSI.biz terms and conditions to use any of www.VOSI.biz services or features.
10. EXPORT LAW
Licensee acknowledges and agrees that the Software may be subject to export restrictions and controls. Licensee agrees and certifies that neither the Software nor any direct product thereof (e.g. any application software product developed by Licensee that uses the Software) is being or will be acquired, shipped, transferred, exported or re-exported, directly or indirectly, into any country prohibited by export restrictions and controls. Licensee bears all responsibility for export law compliance and will indemnify VOSI.biz against all claims based on Licensee's exporting the Software.
11. AGREEMENT TERMS
This Agreement is effective until terminated. Licensee may terminate it by destroying the Software, all the Redistributable Files Licensee may have distributed, the documentation and copies thereof. This license will also terminate if Licensee fails to comply with any terms or conditions of this Agreement. Licensee agrees upon such termination to destroy all copies of the Software or return them to VOSI.biz for disposal.
As the software may require backend www.VOSI.biz service support to be fully functional, this license should not be considered as a guarantee that such backend services will always be available or available for free. VOSI.biz reserves the right to change its web-based www.VOSI.biz service agreement at its sole discretion.
12. PARTIES BOUND
If Licensee is executing this Agreement on behalf of an entity, then Licensee represents he or she has the authority to execute this agreement on behalf of such entity.
13. COPYRIGHT NOTICE
Copyright (c) VOSI.biz, LLC, all rights reserved. The Software is protected by United States copyright laws, international treaties and all other applicable national or international laws.
14. OTHER RIGHTS AND RESTRICTIONS
Except for the limited licenses granted herein, VOSI.biz, and its suppliers, retains exclusive ownership of all proprietary rights (including all ownership rights, title, and interest) in and to the Software. Licensee agrees not to represent that VOSI.biz is affiliated with or approves of Licensee's software product(s) in any way.
This Agreement shall be interpreted, construed, and enforced according to the laws of Delaware, U.S.A. In the event of any action under this Agreement, the parties agree that federal and state courts located in Delaware will have exclusive jurisdiction and that a suit may only be brought in Delaware and Licensee submits itself for the jurisdiction and venue of the state and federal courts located in Delaware.
This Agreement constitutes the entire agreement and understanding of the parties and may be modified only in writing signed by both parties. No officer, salesman or agent has any authority to obligate VOSI.biz by any terms, stipulations or conditions not expressed in the Agreement.
If any portion of this Agreement is determined to be legally invalid or unenforceable, such portion will be severed from this Agreement and the remainder of the Agreement will continue to be fully enforceable and valid.