 Backup Earth Terms & Conditions
- Terms & Conditions
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END-USER SERVICES AND LICENSE AGREEMENT
BackupEarth.com is willing to license to you a proprietary software program in object code form (the "Software") only upon the condition that you accept all of the terms of this Agreement. In the event you do not agree with any of these terms or conditions, do not install the Software or access BackupEarth.com Remote Data Backup services (the "Services").
Please read carefully the terms and conditions of the Agreement below before installing any Software or accessing services. By installing, copying or otherwise using the Software or accessing the services, you agree to be bound by the terms and conditions of this Agreement. The Software contains some or all of the following: (a) "Server Software" that provides services on the server and (b) "Client Software" that allows a personal computer to access or utilize services provided by the Server Software.
UNDER NO CIRCUMSTANCES WILL BACKUPEARTH.COM BE LIABLE FOR DATA, WHICH WAS NEVER SENT TO THE BACKUPEARTH.COM SERVERS BY THE SOFTWARE. YOU ARE ADVISED TO CHECK THE RESTORE TABLES TO ENSURE THE DESIRED FILES HAVE BEEN TRANSMITTED.
BackupEarth.com owns the Software. Under the terms of this Agreement, you receive only a limited right to use the Software. Pursuant to this Agreement, BackupEarth.com grants to you the non-exclusive right to: (a) use the Client Software on any personal computer, as long as it is used in conjunction with the BackupEarth.com Remote Data Backups services ("Services") and after registering each such personal computer for said Services; (b) use the Server Software on a single server to provide the Services for internal use only after registering the Server with Backupearth.com; (c) copy the Software into any computer for back-up purposes in support of your use of the Software and Services, after successfully registering for said Services; and (d) transfer the programs and license to another party as provided herein if the other party agrees in writing to accept the terms and conditions of this Agreement. Any other use is strictly prohibited. You may not use, copy, modify or transfer the Software or any copy, in whole or in part, except as expressly provided in this Agreement. You agree not to make any attempt to de-compile, disassemble or reverse engineer the Software or otherwise discover or derive the source code or underlying processes, ideas, structure, organization or algorithms of the Software.
If you transfer the programs to another party, you must at the same time either transfer all copies whether in printed or computer readable form to the same party or destroy any copies not transferred, including all modifications and portions of the programs contained or merged into other programs. At the same time, you must transfer the ownership of the Services associated with the transferred Software. You must also comply with all applicable export laws. Any other attempt to transfer the Software or Services is void.
COPYRIGHT
All intellectual property rights in the Software and user documentation are owned by BackupEarth.com and as applicable its suppliers and are protected by United States and EU copyright laws, other applicable laws and international treaty provisions. BackupEarth.com and its suppliers retain all rights not expressly granted pursuant to this agreement.
TERM
The license is effective for the period of time for which you have prepaid Solstice Control Systems Ltd, unless sooner rejected or terminated. You may reject or terminate the license at any time by destroying the Software together with all copies in any form and by cancelling the associated Services. The license will terminate if you fail to pay the fee set forth by BackupEarth.com for the Services associated with the Software, within 30 days of the due date. It will also terminate upon conditions set forth elsewhere in this Agreement or if you fail to comply with any term or condition of this Agreement. You agree upon such termination to destroy the programs together with all copies, in any form. All of your data will be deleted from BackupEarth.com servers 60 days after the termination of this agreement.
LIMITED WARRANTY AND REMEDIES
BackupEarth.com warrants that the Software and Services will perform substantially in accordance with the accompanying help file. BackupEarth.com undertakes to implement reasonable precautions to ensure that all data received to their servers are protected and available for retrieval by you as per the described service. This Limited Warranty is void if failure of the Software or Services has resulted from an accident, abuse, misapplication, or modification of the Software or Services. Except as expressly set forth above, BackupEarth.com shall have no liability for the software or any services provided, including any liability for negligence. BackupEarth.com makes and you receive no other warranties, either express or implied, are made with respect to the software or services, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, and BackupEarth.com expressly disclaims all warranties not stated herein. BackupEarth.com entire liability and your exclusive remedy shall be limited to the return of the fees paid by you for the software and services should the software or services not meet this limited warranty. In no event will BackupEarth.com be liable to you or any other person for any damages, including any incidental or consequential damages, expenses, lost profits, lost savings, or other damages arising out of use of or inability to use such software and services, even if BackupEarth.com has been advised of the possibility of such potential loss or damage.
No bailment or similar obligation is created between the Subscriber and BackupEarth.com with respect to the Subscriber's stored encrypted data.
The Subscriber is solely responsible for maintaining the confidentiality of Passwords, including restricting the use of the Password by anyone other than the Subscriber.
The Subscriber shall be responsible for all use of the Service accessed through the Subscriber's Password.
BackupEarth.com shall not have any responsibility or obligation to the Subscriber or any other Users of the Service to monitor supervise or oversee the contents of encrypted files stored on the Service.
YOUR COVENANTS
During the term of this Agreement you will not use the Services for information, data or material that (a) infringes on the intellectual property rights of any third party or any rights of publicity or privacy; (b) violates any law, statute, ordinance or regulation (including but not limited to the laws and regulations governing export control, unfair competition, anti-discrimination or false advertising); (c) is defamatory, trade libellous, unlawfully threatening, or unlawfully harassing; (d) is obscene, pornographic or indecent in violation of applicable law; (e) contains any virus or other programming routine intended to damage any system or data; or (f) is provided in breach of any prior contractual commitment to any third party.
GENERAL
These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of Ireland, and the parties hereby submit to the exclusive jurisdiction of the Irish courts to settle any disputes which may arise in connection with these terms and conditions.
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