IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ('EULA') IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY) AND VGAIN SOLUTIONS READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL THE SOFTWARE AND RETURN THE SOFTWARE TO YOUR PLACE OF PURCHASE. THIS EULA SHALL APPLY ONLY TO THE SOFTWARE SUPPLIED BY VGAIN SOLUTIONS HEREWITH REGARDLESS OF WHETHER OTHER SOFTWARE IS REFERRED TO OR DESCRIBED HEREIN.
1. Definitions
'Non-commercial Version' means a version of the Software, so identified, for use by i) the individual who is a natural person and not a corporation, company, partnership or association or other entity or organization (ii) the individual who is a student, faculty or staff member at an educational institution, and (iii) staff of a non-profit organization or charity organization only. For purposes of this definition, 'educational institution' means a public or private school, college, university and other post secondary educational establishment. A non-profit organization is an organization whose primary objective is to support an issue or matter of private interest or public concern for non-commercial purposes.
'Vgain Solutions' means VGAIN SOLUTIONS and its licensors, if any.
'Software' means only the Vgain Solutions program(s) and third party software programs, in each case, supplied by Vgain Solutions herewith, and corresponding documentation, associated media, printed materials, and online or electronic documentation.
'Vgain Backup Strategy Lite' means an unregistered copy of the SOFTWARE ('UNREGISTERED SOFTWARE') for non-commercial use which may be used by the USER indefinitely. The UNREGISTERED SOFTWARE may be freely copied and distributed to other users for their use.
'Vgain Backup Strategy Pro' means a purchased version of the SOFTWARE('REGISTERED SOFTWARE') licensed and locked to a specific computers, and so identified, to be used for commercial purpose.
2. License Grants
The licenses granted in this Section 2 are subject to the terms and conditions set forth in this EULA: You may install and use the software 'Vgain Backup Strategy Lite' or 'Vgain Backup Strategy Pro' as per the definitions in section 1. Copies for the purpose of back up are permitted.
3. License Restrictions
Other than as set forth in Section 2, you may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
Unless otherwise provided herein, you may not modify the Software or create derivative works based upon the Software.
4. LIMITATION OF LIABILITY
THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
5. Term
By downloading and/or installing this SOFTWARE, the Licensor agrees to the terms of this EULA.This license is effective until terminated. Licensor has the right to terminate your License immediately if you fail to comply with any term of this License.