End user agreement for Backup for Workgroups
Lockstep Systems, Inc.
Backup for Workgroups™ Software End User License Agreement
This is a legal Agreement between you, the end user (“Licensee”), and Lockstep Systems, Inc. By exercising your rights to install and use copies of the Backup for Workgroups Software (“Software”), you demonstrate your agreement to the terms of this License Agreement. If you do not agree to the terms of this License Agreement, you are not authorized to use the Software.
GRANT OF LICENSE:
Lockstep Systems grants you a non-exclusive, non-transferable license and right to use the Software and the end-user documentation. Licensee assumes responsibility for the selection of the program to achieve intended results, and for the installation, use, and results obtained from the program. You do not become the owner of, and Lockstep Systems, Inc. retains title to all of the Software and documentation. The Software is licensed, not sold. All rights not specifically granted in this license are expressly reserved by Lockstep Systems, Inc.
If you have downloaded the Software or received it on media as an Evaluation unit, your right to use the Software shall be effective from the date you first install the Software until the end of the evaluation period. The Evaluation Software is time sensitive and will not function upon expiration of the evaluation period. The Software contains technological measures that are designed to prevent unlicensed or illegal use of the Software and as such the Software will shut down when an illegal/pirated License Number is entered into the Software. While you use the Evaluation Software, you agree and are subject to the terms of this License Agreement.
If you have received the Software as a component in a third party product you purchased, or when you purchase a Software License to allow for licensed operation of the Software past the Evaluation period, you may:
• Install and use the Software to backup one or multiple computers, where the aggregate total of computers with the Software installed does not exceed the total number of Backup for Workgroups Backup Client Licenses. The Backup Client License allows you to backup one (1) computer that is defined as running one (1) Operating System only. If you are using virtual computers or virtual Operating Systems, you will need a Backup Client license for each virtual computer or virtual Operating System that you need to backup.
• Install and use one (1) copy of the Backup for Workgroups Data Repository Manager (Server) Software on one (1) computer.
• Enter the License Number or License Key into only one installed copy of the Backup for Workgroups Data Repository Manger Software.
• Make one (1) copy of the Software for archival and backup purposes only.
You may not:
• Translate, reprogram, attempt to discover the source code for the Software, modify, disassemble, decompile, reverse-engineer or create derivatives of the Software.
• Publicize or share information about legal or illegally obtained Software License Numbers or License Keys with any third party.
• Rent, lease, transfer, sell or license the Software or any copy.
• Permit third parties to benefit from the use or functionality of the Software via timesharing, service bureau or other arrangement.
• Enter the License Number or License Key into more than one installed copy of the Software.
• Remove or obscure any copyright or trademark notices.
• Make copies of the Software and Software documentation.
• Use a previous version or copy of the Software after you have received or downloaded a newer version of the Software. Any update or upgrade version of the Software may only be used upon destruction of the prior version.
• Unbundle and sell this Software or any copy of it in the event that it was received as a component in a third party product.
• Transfer any rights granted to you under this License Agreement.
• Distribute or make available for download any copy of the Software to any third party without prior written permission from Lockstep Systems, Inc.
COMPLIANCE WITH EXPORT LAW:
You will not export or re-export the Software in violation of the U.S. Export Administration regulations or other applicable laws and regulations. You will defend, indemnify and hold harmless Lockstep Systems from and against all fines, penalties, liabilities, damages, costs, and expenses incurred by Lockstep Systems as a result of any violation of such laws and regulations by you or any of your employees or agents.
LIMITED WARRANTY AND LIMITATION OF REMEDIES:
Lockstep Systems, Inc. provides the software “as-is,” “with all faults” and “as available.” LSI does not guarantee the accuracy of timeliness of information available from the service. LSI gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this license agreement cannot change. LSI excludes any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.
Lockstep Systems, Inc. warrants that the media on which the Software is distributed will be free from defects in materials and workmanship under normal use by the original purchaser for sixty (60) days from the date of purchase. Within the sixty (60) day period, Lockstep Systems will replace the defective media without charge. The entire liability of Lockstep Systems and its suppliers and the Licensee's sole and exclusive remedy shall be limited to replacement of the Software not meeting Lockstep Systems' limited warranty. Lockstep Systems does not warrant that the Software will meet your requirements or that operation of the Software will be uninterrupted or that the Software will be error-free.
EXCEPT AS STATED ABOVE, THE LICENSED PROGRAM IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL LOCKSTEP SYSTEMS BE LIABLE FOR LOSS OF PROFIT, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, INCLUDING BUT NOT LIMITED TO SPECIAL INCIDENTAL CONSEQUENTIAL OR OTHER DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH CASE THIS LIMITATION MAY NOT APPLY TO YOU. IN NO CASE SHALL LOCKSTEP SYSTEMS' LIABILITY FOR DAMAGES EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE OUT OF WHICH SUCH CLAIM AROSE.
All intellectual property rights in the Software and user documentation are owned by Lockstep Systems, Inc. or its suppliers and are protected by United States intellectual property laws (including patent, trademark, and copyright laws), other applicable intellectual property laws, and international treaty provisions. The Software and Documentation are copyrighted 2002-2004 by Lockstep Systems, Inc. The Software has been provided to the Licensee pursuant to the terms of this Agreement.
UNITED STATES GOVERNMENT RESTRICTED RIGHTS:
The Software and Documentation available from Lockstep Systems are “Commercial Items”, as that term is defined in 48 C.F.R.§2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are defined in 48 C.F.R. §252.227-7014(a)(5) and 48 C.F.R. §252.227-7014(a)(1), and used in 48 C.F.R. §12.212 and 48 C.F.R. 227.7202, as applicable. Pursuant to 48 C.F.R. §12.212, 48 C.F.R.§252.227-7015, 48 C.F.R. §227.7202 through 227.7202-4, 48 C.F.R. §52.227-19, and other relevant sections of the Code of Federal Regulations, as applicable Lockstep Systems’ publications, commercial computer software, and commercial computer software documentation are distributed and licensed to United States Government end users with only those rights as granted to all other end users, according to the terms and conditions contained in the license agreements that accompany the products and software documentation, and the terms and conditions herein. Contractor/manufacturer is Lockstep Systems, Inc., PO Box 4662, Scottsdale, AZ 85261 USA. Telephone +1.480.596.9432. Fax +1.480.596.9195.
This License Agreement is effective from the first date you use this Software and will remain in force until terminated. If you have downloaded the Software or received it on diskette(s) as an Evaluation unit, your right to use the Software shall be effective from the date you first install the Software until the end of the Evaluation period. If this product was purchased as an upgrade, you must be the lawful user of the Software subject to the upgrade, and this License Agreement replaces the previously issued License Agreement. You may terminate this License Agreement at any time by destroying the Software and accompanying written material together with all copies. If for any reason your right to use the Software terminates you must remove and destroy all copies of this Software and any documentation provided to you. Upon Lockstep Systems' request, you must provide written certification of such destruction.
Failure to comply with any term of this Agreement terminates your License and may make you liable for legal damages to Lockstep Systems.
This License Agreement may not be modified unless in writing signed by Lockstep Systems.
This Agreement is governed by the laws of the State of Arizona.