End user agreement for JaBack Mac
This License Agreement is valid for JaBack 8.x.
JaBack 8.x is copyrighted through the United States of America Copyright Office.
Hitek software - http://www.hiteksoftware.com
Read the terms of this agreement and any provided supplemental license terms (collectively "agreement") carefully before installing the software. By installing the software, you agree to the terms of this agreement. Do not install or use this software if you do not agree to all terms of this license agreement.
1. License to use: Hitek Software grants you a non-exclusive and non-transferable license for the internal use only of the accompanying software and documentation and any error corrections provided by Hitek Software (collectively "software").
2. Restrictions: This Software is confidential and copyrighted. Hitek Software and/or its licensors retain title to software and all associated intellectual property rights. Except as specifically authorized in any supplemental license terms, you may not make copies of software, other than a single copy of software for archival purposes. Unless applicable law prohibits enforcement, you may not modify, decompile, and reverse engineer software. You may not publish or provide the results of any benchmark or comparison tests run on software to any third party without the prior written consent of Hitek Software. No right, title or interest in or to any trademark, service mark, logo or trade name of Hitek Software or its licensors is granted under this agreement.
3. JaBack is Free for home, personal, commercial, government or other organization use.
4. Information Recorded to our website: When you use this software for the first time, the following information is recorded to the Hitek Software installation database: Product Name and Version, users Country and Timezone. This helps us track our monthly installs by country and product, and provides us valuable feedback on our marketing efforts.
5. Copyright Infringement: You agree not to infringe on Hitek Softwares copyright of this software. Copyright violation could be in the form of reverse engineering and extracting the source code for this software.
6. Disclaimer of warranty: Unless specified in this agreement, all express or implied conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement, are disclaimed, except to the extent that these disclaimers are held to be legally invalid.
7. Limitation of liability: To the extent not prohibited by law, in no event will Hitek Software or its licensors be liable for any lost revenue, profit or data, or for special, indirect, consequential, incidental or punitive damages, however caused regardless of the theory of liability, arising out of or related to the use of or inability to use software, even if Hitek Software has been advised of the possibility of such damages. In no event will Hitek Software's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for software under this agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose.
8. Termination: This agreement is effective until terminated. You may terminate this agreement at any time by destroying all copies of software. This agreement will terminate immediately without notice from Hitek Software if you fail to comply with any provision of this agreement. Upon termination, you must destroy all copies of software.
9. Export regulations: All software and technical data delivered under this agreement are subject to us export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.
10. Governing law: For users located in the United States of America, California law and controlling U.S. Federal law will govern any action related to this agreement. For users located outside the United States of America, Hitek Software has sole discretion on whether U.S. Federal law, or the users country law, should govern any action related to this agreement.
11. Severability: If any provision of this agreement is held to be unenforceable, this agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this agreement will immediately terminate.
12. Integration: This agreement is the entire agreement between you and Hitek Software relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this agreement. No modification of this agreement will be binding, unless in writing and signed by an authorized representative of each party.
13. Third Party: This Software uses some 3rd party OpenSource Libraries. Please see the file license_3rdParty.txt for details.
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