XR Backup 2.0

EULA - End User License Agreement

IMPORTANT: YOU SHOULD CAREFULLY READ THIS LEGAL AGREEMENT BEFORE INSTALLING THIS PACKAGE. BY INSTALLING THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND AGREE THAT YOU WILL BE LEGALLY BOUND BY THEM. IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE TO YOU, DO NOT CONTINUE TO INSTALL THIS SOFTWARE.
THE SOFTWARE'S LICENSE TERMS

EXARE Inc ("Developer") grants you ("Customer") a license to use our programs and their documentation ("THE SOFTWARE"), subject to the separate, applicable provisions below.
For purposes of the provisions contained below, the term "Customer" shall also apply to Non-Profit Customers as defined below, unless expressly stated otherwise.

I. LICENSE FOR THE SOFTWARE
Customer who acquired a license for THE SOFTWARE is granted a nonexclusive license to use THE SOFTWARE on a single computer only.
If a Customer has several computers, Customer shall purchase additional THE SOFTWARE licenses for each computer that Customer installs THE SOFTWARE on. However, Customer is allowed to backup data to a remote computer (using a network drive or any network interface) without obtaining a license for that computer.

Customer shall not use THE SOFTWARE for commercial backup services. Customer shall not rent THE SOFTWARE license to other parties.
LICENSE ACTIVATION: Customer hereby agrees to activation process for THE SOFTWARE in which manual entry of activation code is required. Customer also agrees that THE SOFTWARE activation process may be used to enforce provision of this Agreement that allows use of one THE SOFTWARE license only on one computer.

THE SOFTWARE USERS MANAGEMENT SYSTEM: Personal data of customers that purchase THE SOFTWARE is stored in Users Management System (PUMS). Only the data that customers or their agents enter into the THE SOFTWARE purchase web page is stored in the database.
Customer hereby allows Developer to store this data on Developer's server. This data shall be used for purchase tracking, reactivation of THE SOFTWARE licenses, refund and chargeback tracking and other customer service purposes.
THE SOFTWARE application on customer's computer may access PUMS by Internet during activation process, one time per software installation.

Customer allows Developer to send infrequent product update newsletters and promotional offers to e-mail and postal addresses stored in PUMS.

REFUNDS: Developer will refund the full amount paid for THE SOFTWARE license if:
- The refund request is received by Developer within 30 days of the date of purchase of THE SOFTWARE by Customer, and
- Customer provides Proof of Purchase, which is the original e-mail receipt for THE SOFTWARE, and
- Developer is able to locate Customer in the Users Database (PUMS) using the data provided by Customer.

II. GENERAL PROVISIONS FOR THE SOFTWARE
Customer shall not remove any product identification, copyright notices, or other notices or proprietary restrictions from THE SOFTWARE.

Customer shall not cause or permit reverse engineering, disassembly, or decompilation of THE SOFTWARE.
COPYRIGHT/OWNERSHIP OF PROGRAM: THE SOFTWARE is the proprietary product of Developer and its licensors and it is protected by copyright, trade secret and other intellectual property laws.

Customer acquires only the right to use THE SOFTWARE and does not acquire any rights, express or implied, in THE SOFTWARE or media containing THE SOFTWARE other than those specified in this License.

Developer, or its licensor, shall at all times retain all rights, title, interest, including intellectual property rights, in THE SOFTWARE and media.

TRANSMISSION OF DATA IN AUTOUPDATE: At user discretion THE SOFTWARE may automatically check Developer's server for its new version and security patches approximately once a week. If it finds a version that is newer than the version that is currently installed, THE SOFTWARE will suggest that customer upgrades. The checking of new version is limited to the following technical data to be transmitted to THE SOFTWARE developer server: current THE SOFTWARE version on the user's machine and a randomly generated 128-bit session ID. Customer hereby allows such transmissions to occur.

NO WARRANTIES OF ANY KIND: THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE DEVELOPER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR OPERATE IN AN ENVIRONMENT CREATED BY YOU OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE ERRORS WILL BE CORRECTED. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU.

LIMITATION OF LIABILITY: NEITHER THE SOFTWARE DEVELOPER NOR ANY OF ITS LICENSORS SHALL BE LIABLE FOR ANY DAMAGES CAUSED BY THE SOFTWARE INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, LOSS OF SAVINGS, REVENUE, DATA, INCURRED BY CUSTOMER OR ANY THIRD PARTY, EVEN IF THE SOFTWARE DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TERMINATION: This License is effective until terminated. You may terminate this Agreement at any time by uninstalling THE SOFTWARE and deleting all its files. This License will terminate immediately without notice from THE SOFTWARE developer if you fail to comply with any provision of this License. Upon termination or expiration of this License you must uninstall THE SOFTWARE and delete all its files.

EXPORT LAW ASSURANCE: Customer shall comply fully with all laws and regulations of the United States and other countries (Export Laws) to assure that neither THE SOFTWARE, nor any direct products thereof are Exported, directly or indirectly, in violation of Export Laws, or are used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation. If THE SOFTWARE have been rightfully obtained by you outside of the United States, you agree that you will not re-export THE SOFTWARE nor any other technical data received, nor the direct product thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained THE SOFTWARE.

JURISDICTION AND DISPUTES: This Agreement shall be governed by the laws of California. All disputes hereunder shall be resolved in the applicable state or federal courts of California. The parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available. In any litigation arising out of this Agreement or related to use or function of THE SOFTWARE, THE SOFTWARE developer shall be entitled to all legal costs and attorney's fees incurred in mediation, arbitration, suit and on appeal.

SEVERABILITY: If for any reason a court of competent jurisdiction finds any provision of this License or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this License shall continue in full force and effect.

COMPLETE AGREEMENT: This License constitutes the entire agreement between the parties with respect to the use of THE SOFTWARE and the related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of THE SOFTWARE developer.

THE SOFTWARE WEB SITE: THE SOFTWARE web site does not use cookies to track users. However, THE SOFTWARE affiliates and advertisers may use cookies that allow Developer to track who referred a customer to our web sites.

CUSTOMER HEREBY ACKNOWLEDGES THAT CUSTOMER HAS READ THIS AGREEMENT, UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.