End user agreement for Yildun Internet Backup
END USER LICENSE AGREEMENT
The installation and use of this program is ruled by the following License of Use Agreement that includes the limitation of warranty and limitation of liabilities. If you don't agree with all its clauses, you should not install, register or use the program. If you use the program, you are explicitly accepting all the clauses of this License Agreement.
CONTRACT OF LICENSE OF USE FOR THE CLIENT COPY OF "Yildun Internet Backup client"
Insimatek S.L. is the owner of all the rights, moral as well as patrimonial, of the application named yildun service client (from now on "APPLICATION").
On the other hand the CLIENT (from now on "Client or User") is interested in obtaining the License of the Software and the full services, documentation and related materials that are next specified.
To these effects "Documentation" means all the information and material provided by Insimatek S.L. and which objective is to explain the doubts related with the tool in question (and located in the application itself, in the "HELP" section).
That the referred License of Use of the Software, will be regulated according to the terms and conditions established in the present Contract of License, and that if the matter has not been herewith foreseen, we will abide by the TERMS AND CONDITIONS that appear in the document containing the license and key needed to install the APPLICATION and the General Conditions established in www.yildun-backup-remoto.com.
By virtue of the established under the present Contract, Insimatek S.L. grants the CLIENT a limited, nonexclusive, personal and non-transferable license to use the previously described APPLICATION.
The programs and the data included in this license (APPLICATION) are proprietary to Insimatek S.L. and they are protected by the laws of Intellectual Property (Text of the Law of Intellectual property approved by R.D.Leg. 1/1996).
The CLIENT when registering and requesting the use of the APPLICATION doesn't acquire its ownership, but only a license to use it that could be terminated at any time (as established in this Contract or otherwise under the General Conditions) by Insimatek S.L. who will continue being its sole proprietor.
Insimatek S.L. will be entitled to modifying unilaterally and at any time, and without any need of previous warning, the services, the structure and the content of the application object of the present Contract.
Specific Conditions of License of Use of the CLIENT COPY of "Yildun Internet Backup client"
Any CLIENT COPY of yildun service client depends on the yildun service client (server) witch provided the necessary authorization for the correct functioning of the APLICATION. Therefore, the TERMS AND CONDITIONS specified on the CONTRACT OF LICENSE OF USE of yildun service client (server) are binding to the CLIENT COPY.
Software and Documentation Supply.
For an effective and quick installation of the APPLICATION, THE CLIENT assumes the obligation of making all the modifications that have been previously indicated by Insimatek S.L. as necessary for the correct integration of the APPLICATION in the CLIENT'S systems. Any failure due to lack of diligence or to the adoption of the measures previously indicated by Insimatek S.L. for the correct and full installation of the APPLICATION object of the present Contract, will be on the part and on account of the CLIENT.
Terms and Conditions of the License.
The License of use of the APPLICATION is a restricted rights license, nonexclusive, personal and non-transferable that allows the use only and exclusively of the allowed copies of the APPLICATION as stated in terms and conditions established at the time of purchase, and the instructions issued and in the documentation supplied. The use is limited to a single computer (one workstation) and the specific use for witch the application is purchased. The change of computer or of operating system will imply the loss of the License to use the software. The CLIENT is not allowed to:
- Modify, adapt or translate the APPLICATION. Neither is he allowed to create any derivative work based on it, or to merge the Software with any other computer program, or to reverse engineer, invert, alter, decompile, extract or disassemble the APPLICATION, except in the extent specifically allowed by the Law.
- Make any copy of the Software.
- Use and/or reproduce the Software in other computers or workstation different from the ones established and designated to the effect.
- Make use of the APPLICATION in any way that differs from the TERMS AND CONDITIONS that appear in the document containing the license and key needed to install the APPLICATION
Insimatek S.L. shall not assume any liability for:
(a) Any failure in the APPLICATION supplied by Insimatek S.L. when this failure cannot be directly imputable to the APPLICATION as stated in the documentation supplied, as a result of not following the instructions issued by Insimatek S.L. or because of its use under an environment different to the specifications previously issued by Insimatek S.L..
(b) Any failure on the part of the CLIENT'S that allows and facilitates the remote access to the Software, systems and machines in which the APPLICATION is being used.
(c) Any problem, failure, interruption or in general any suspension of the service, originated by causes non attributable to Insimatek S.L..
(d) For breach of contract on the part of the CLIENT.
The CLIENT is aware of and agrees to:
- The signing of the present Contract doesn't imply the acquisition by the CLIENT of Intellectual Property Rights of any type on the information, content, design, structures, compilation, source code and in general on anything that has a direct or indirect relationship with the tool object of the present Contract.
- The ideas, techniques, processes and procedures represented and contained in the APPLICATION are confidential and assessable industrial secrets of Insimatek S.L.. The terms of this Agreement and all the information that one of the parties receives or have received from the other party of this Contract about the service, systems, configuration, must be considered as such. The said Information cannot be used by the CLIENT without the explicit permission of Insimatek S.L.. This does not apply to general information available to the public.
- The CLIENT is under the obligation to maintain the strictest confidentiality about the product, incurring in the legal duty of not revealing sensitive information to third parties.
- The CLIENT will take the necessary preventive measures to insure that the employees, attorney-at-laws, auditors, contractors, competitor companies, etc. cannot have additional information, or otherwise that they cannot transmit it to third parties.
The CLIENT is under the obligation to ensure that the use of the APPLICATION:
- Is in agreement with the laws, codes, rules and regulations currently in force and approved to the effect.
- Will not infringe the copyright, moral rights, patents or other rights of ownership of any person, or any other content that otherwise would infringe the rights of any person.
- Is in agreement with the General Conditions established in the web page located in the site www.aia-tek.com .
Compensation / Limitation of Liability/ Act of God.
Insimatek S.L. does not warrant that the APPLICATION will cover your necessities that it will be uninterrupted or that it will be error-free.
The above warranty is exclusive and in lieu of all other warranties, whether express or implied, including the implied warranties of merchantability, and implied warranties of fitness for a particular purpose or non infringement.
In no event will Insimatek S.L. be liable to you for any consequential, incidental or special damages, including lost profits or loss of data arising out of the use or inability to use the APPLICATION, even if Insimatek S.L. has been advised of the possibility of such damages.
The foregoing limitation and exclusion of liabilities shall apply regardless of the acceptance of the Software.
Any failure or omission by any of the parties in the execution of their liabilities under this agreement will not imply responsibility if such a failure or omission derives from external causes out of the control of the parties, including but not limited to acts of God, regulations or omissions of governments or their agents and officials, natural disasters, hostilities, insurrection or terrorism, strikes and employer closings, computers or internet virus, or other agents introduced by a third party.
All transactions or sale of the application will be considered as carried out in the registered office of Insimatek S.L.. Therefore, the client gives up her own jurisdiction and for any question or divergence that has not been settled in a friendly manner will be subjected to the courts and tribunals of San Sebastian.