End user agreement for Handy Backup Server Network
NOVOSOFT LLC HANDY BACKUP END USER LICENSE AGREEMENT
THIS SOFTWARE END USER LICENSE AGREEMENT (HEREINAFTER REFERRED TO AS THE "EUL") IS A LEGAL AGREEMENT BETWEEN YOU AS THE EUL END-USER (HEREINAFTER REFERRED TO AS "YOU") AND NOVOSOFT DEVELOPMENT LLC AS THE EUL LICENSOR (HEREINAFTER REFERRED TO AS THE "NOVOSOFT"). BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PROVIDED WITH THIS EUL (AS DEFINED BELOW) OR ANY PART THEREOF, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EUL. IF YOU DO NOT AGREE TO THE TERMS OF THIS EUL, DO NOT INSTALL AND/OR USE THIS SOFTWARE.
1. The Software. The Software provided with this EUL (hereinafter referred to as the "Software") is "Handy Backup" software product of Novosoft.
2. Trial and Registration. You are granted the right to Use the Software without registration solely for the purposes of evaluating the performance of the Software for a period of no more than 30 days. If after that time continued Use of the Software is desired then the Software must be registered with Novosoft subject to the terms as laid out in the registration information which can be found in the documentation accompanying the Software. You are expected to Use the Software on your system and to thoroughly evaluate its usefulness and functionality before making a purchase. This "try before you buy" approach is the ultimate guarantee that the Software will perform to your satisfaction.
3. License. Subject to the provisions contained herein, Novosoft hereby grants you a worldwide, non-exclusive, non-transferable (without the right to sublicense) license to Use the Software as a standalone application or a component of any other software program on a single computer. Herein, the "Use" means storing, loading, installing, executing or displaying the Software. You may be either company or individual. To execute any right provided by this EUL, you should enter into an appropriate agreement with Novosoft and/or its authorized supplier to buy the copy of this Software or to make it otherwise legally available for you.
4. Ownership. The Software is owned and copyrighted by Novosoft. Your license confers no title or ownership in the Software and should not be construed as a sale of any right in the Software. You shall notify Novosoft immediately if you become aware of any unauthorized use of the whole or any part of the Software by any person.
5. Copyright. The Software and all rights, without limitation including proprietary rights therein, are owned by Novosoft and are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of Novosoft and you will not acquire any rights to the Software except as expressly set forth in this license. You agree that any copies of the Software will contain the same proprietary notices which appear on and in the Software. You may neither reproduce the Software nor sell it or distribute otherwise. You may not modify the Software or disable any licensing or control features of the Software except as an intended part of the Software programming features.
6. Reverse Engineering. You agree that you will not attempt to reverse compile, modify, translate, or disassemble the Software in whole or in part.
7. No Other Warranties. THE SOFTWARE PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. NOVOSOFT DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
8. Severability. In the event of invalidity of any provision of this EUL, the parties agree that such invalidity shall not affect the validity of the remaining portions of this EUL.
9. No Liability For Consequential Damages. IN NO EVENT SHALL NOVOSOFT OR ITS AUTHORIZED SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF NOVOSOFT OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL NOVOSOFT'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.
10. Governing Law. This agreement is governed by the laws of the Russian Federation. If for any provision or portion thereof of the EUL is found to be unenforceable by a court of competent jurisdiction, that provision shall be enforced in such manner as to effect the intention of the parties hereof, and the remainder of this EUL shall continue in full force and effect.
11. General Provisions. This is the entire agreement between you and Novosoft, which supersedes any prior agreement or understanding, whether written, or oral, relating to the subject matter of this license. If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of the agreement, which shall remain valid and enforceable according to its terms. This agreement shall automatically terminate upon failure by you to comply with its terms. Novosoft, on its sole discretion, may modify this agreement in writing at any time.