End user agreement for Ocster Backup Pro
End User License Agreement (EULA)
for Ocster Software
Important! Please read through this End User License Agreement carefully. It regulates the use of software products offered by Ocster GmbH & Co. KG, Oldenburg, Germany (hereinafter referred to as “Ocster”), encompassing the program itself and any associated media, printed materials, documentation provided online or in electronic format and Internet-based help services (hereinafter referred to as “Ocster software”), and includes all provisions and conditions relevant to the use of Ocster software (hereinafter referred to as “terms and conditions of use”).
You must consent to the following terms and conditions of use before using the Ocster software. BY installing, copying or otherwise making use of the ocster software, you Agree to be bound by these terms and conditions of use. You may not install or use the Ocster software unless you agree to these terms and conditions of use.
The Ocster software is intended solely for use by consumers (hereinafter referred to as “users”). Anyone using the Ocster software in a non-commercial environment for not-for-profit activities shall be deemed to be a consumer. We will be happy to offer software to other interested parties in return for payment.
Scope of the Right of Use
(1) Ocster shall grant the user a simple, non-exclusive right to use the Ocster software, subject to the following restrictions. The right of use is unrestricted by time or place.
(2) The Ocster software is not intended for use in systems used in water craft, land craft or aircraft, in diagnostic or medical fields or for production or process control, nor for systems linked to systems of this kind.
(3) The Ocster software may only be used for the purposes of data backup. The data backup may only encompass data that was obtained lawfully and the content of which does not violate the law.
(4) The user shall not be permitted to rework, translate or reverse engineer the Ocster software. Neither may he express it in another form, decompile it, disassemble it, nor develop it or otherwise attempt to determine the source code of the Ocster software, insofar as the aforementioned actions are not necessary for the designated use of the Ocster software and error correction by anyone entitled to use a copy of the Ocster software and the user has asked Ocster to eliminate the problems in an appropriate manner beforehand to no avail. Ocster shall be entitled to charge a reasonable fee for its assistance with troubleshooting. Finally, the user shall not be permitted to grant third parties permission for the preceding prohibited actions or to assist third parties in taking such actions.
(5) The user shall only be allowed to access the Ocster software via the sources provided and approved by Ocster. The user undertakes not to access the Ocster software in an unauthorized manner, such as by means of unlicensed software clients. Certain Ocster software is subject to restrictions. The user hereby assures that he will in no way circumvent these restrictions, for example by modifying filename extensions or header information.
(6) Some variants of the Ocster software may offer a testing period in which the software can be tested for a certain amount of time for free for testing purposes. After this period the software needs to be unlocked to continue to run. If there is no testing period for this particular variant of the software then the software needs to be unlocked right away. This unlocking is done by obtaining and entering an unlock code when the software instructs you to do so. This unlock code may have to be purchased, or it may sometimes be made available for free by Ocster.
(7) The Ocster software may be copied any number of times and passed on to third parties, provided that the following conditions are met:
Any unlock code that the user may have obtained MUST NOT be passed on.
The Ocster software must be passed on free of charge.
All associated files, including the Ocster installation program must be handed over.
The Ocster software must be unmodified.
The user may not remove any product specifications, copyright notices or other trademark notices included by Ocster.
The recipient on his part must accept these terms and conditions of use.
(8) Any breach of these terms and conditions of use shall automatically result in the user's right of use being revoked. The user may cancel his authorization and his commitment to these terms and conditions of use at any time by uninstalling the Ocster software and deleting all associated files. The files created by the user with the aid of the Ocster software (backup archive) shall not be deemed to be associated files for this purpose.
(9) Ocster shall retain all rights to the Ocster software at all times, particularly trademark rights and copyrights.
(1) The functionality of the Ocster software and possible limitations are described on the website http://www.ocster.com/ocster-backup-pro-7/en. Ocster shall be entitled to alter the functionality at any time without the user being able to derive rights, such as to information or updates, from this.
(2) Ocster and its distributors do not offer any guarantee or make any assurance to the user concerning the marketability, freedom from defects of title, capacity, compatibility or usability for particular purposes with regard to the Ocster software. The user is aware that it is not possible to create software programs that are entirely free from defects. Ocster provides the Ocster software during the testing period “as is,” “with all faults,” and “as is available.” In consideration of the fact that it provides the Ocster software free of charge during this testing period, Ocster accepts no liability for defects and shall not be obliged to provide support. The same also applies if the user has unlocked the software with a free unlock code. If the user has purchased a non-free unlock code for the software then Ocster accepts the liability that is mandated by applicable law and will provide reasonable support.
Limitation of Liability
(1) Claims for damages by the user against Ocster and its distributors and vicarious agents on whatever legal grounds are excluded, unless they are based on personal injury caused by willful intent or gross negligence on the part of Ocster or its vicarious agents.
The exclusion of liability shall also apply particularly, but not exclusively, to indirect and consequential damage such as loss of profit, loss of savings, lost business, loss of data or unauthorized data usage by a third party. It shall also apply if Ocster was informed of the possibility of such damage.
(2) The preceding limitations shall only apply to the extent to which they are permissible under the national law applicable to the user. For users in Germany and Austria, Ocster's liability for slightly negligent breaches of duty is excluded, provided that these do not result in personal injury or the infringement of a warranty or the Product Liability Act. Liability for the breach of duties, the fulfillment of which is essential for the proper execution of this Agreement and on which the user may normally be entitled to rely, shall also remain unaffected. It shall be limited to the amount of loss that could have been foreseen by Ocster upon conclusion of the Agreement, however.
The user shall release Ocster from any third-party claims, damages and costs resulting from a breach of the law or breach of contract by the user.
(1) The user undertakes not to send the Ocster software to another country or to use it in such a way as to breach export or import regulations of the countries concerned. The user assures that he is neither a national nor a resident of a country under embargo and that he is not prohibited from receiving the Ocster software.
(2) If any of the provisions of this Agreement or provisions incorporated into it in the future are wholly or partially ineffective, then all other provisions shall remain valid. Ineffective provisions shall be remedied by dispensation of the parties (“jus dispositivum”).