CloudBacko™ License Agreement


- IMPORTANT NOTICE -
PLEASE READ THIS CAREFULLY BEFORE INSTALLING THE SOFTWARE
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND CLOUDBACKO CORPORATION. BEFORE CONTINUING WITH THE INSTALLATION OF THE SOFTWARE, YOU MUST READ, ACKNOWLEDGE AND ACCEPT THE TERMS AND CONDITIONS OF THE SOFTWARE LICENSE AGREEMENT WHICH FOLLOWS. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THE SOFTWARE LICENSE, YOU MAY RETURN THE FULL PRODUCT WITH PROOF OF PURCHASE TO THE DEALER FROM WHOM IT WAS ACQUIRED WITHIN THIRTY (30) DAYS OF PURCHASE.

Definitions

"CLOUDBACKO" means CLOUDBACKO CORPORATION whose registered office is situated at Geneva Place, Waterfront Drive, P.O. Box 3469, Road Town, Tortola, British Virgin Islands. The CloudBacko Pro and CloudBacko Lite software ("The Software") developed and owned by CLOUDBACKO specified the Permitted Number of Installation ("Permitted Number") and Allowed Usage Location ("Allowed Location") within The Software that you are allowed to install and use.

Software License

As long as you comply with the terms of this End User License Agreement (the "Agreement"), CLOUDBACKO grants to you a non-exclusive license to use The Software as further set forth below.

2.1 You are allowed to install and use the CloudBacko Pro on not more than the Permitted Number of compatible servers and workstations; and
2.2 You are allowed to install and use the CloudBacko Lite on not more than the Permitted Number of compatible workstations; and
2.3 You are allowed to install and use The Software only within the Allowed Location; and
2.4 You may make one backup copy of The Software, provided your backup copy is not installed or used on any computer. You may not transfer the rights to a backup copy unless you transfer all rights in The Software as provided in the transfer section in this Agreement.


Intellectual Property Rights

The Software and any copies that you are authorized by CLOUDBACKO to make are the intellectual property of and are owned by CLOUDBACKO. The structure, organization and code of The Software are the valuable trade secrets and confidential information of CLOUDBACKO. The Software is protected by copyright, including without limitation by international treaty provisions and applicable laws in the country in which it is being used. You may not copy The Software, except as set forth in Section 2 ("Software License"). Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in The Software. You agree not to modify, adapt or translate The Software. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of The Software except to the extent you may be expressly permitted to decompile under applicable law, it is essential to do so in order to achieve operability of The Software with another software program, and you have first requested CLOUDBACKO to provide the information necessary to achieve such operability and CLOUDBACKO has not made such information available. CLOUDBACKO has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any information supplied by CLOUDBACKO or obtained by you, as permitted hereunder, may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of The Software. Requests for information should be directed to the CLOUDBACKO’s Customer Support Department. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademarks owners' names. Trademarks can only be used to identify printed output produced by The Software and such use of any trademark does not give you any rights of ownership in that trademark. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in The Software and all rights not expressly granted are reserved by CLOUDBACKO.

Transfer

You may not, rent, lease, sell, sublicense, and/or repackage for distribution or resale, or authorize all or any portion of The Software to be copied onto another users computer except as may be expressly permitted herein. You may, however, transfer all your rights to use The Software to another person or legal entity provided that:

(a) You also transfer (i) this Agreement, and (ii) the license key and The Software, including all copies, updates and prior versions, to such person or entity;
(b) You retain no copies, including backups and copies stored on a computer; and
(c) The receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally purchased a license to The Software.


DISCLAIMER

CLOUDBACKO DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. CLOUDBACKO MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. The provisions shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to use The Software after termination of this Agreement.

LIMITATION OF LIABILITY

IN NO EVENT WILL CLOUDBACKO BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION.

General Provisions

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 not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by writing signed by an authorized officer of CLOUDBACKO. Updates may be licensed to you by CLOUDBACKO with additional or different terms. This is the entire agreement between CLOUDBACKO and you relating to The Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to The Software.