ProVenture Border Art/ProVenture BorderArt.iso/MyBackup/License.txt

Text File | 1999-02-04 | 14KB | 282 lines

License and Service Agreement

This agreement ("Agreement") is entered into between MySoftware Company
("MySoftware") and you ("you") and is the entire agreement between
MySoftware and you and supersedes any and all prior agreements between
the parties regarding the subject matter contained herein.

BY KEEPING THE SOFTWARE, YOU ARE INDICATING YOUR AGREEMENT TO BE
BOUND BY ALL OF THE TERMS OF THIS AGREEMENT.  PLEASE READ THIS ENTIRE
AGREEMENT CAREFULLY.

DEFINITIONS

The terms "you", "MySoftware" and "Agreement" are defined above.

"Service Fees" mean the fees payable for the Service as set forth herein.

"Software" means the MyFileBackup Software program, in object code form.
While MySoftware has no obligation to release any updates or upgrades to
the Software, if the same are distributed to you, such update or upgrade
shall also be deemed "Software." The term "Software" also includes the
application which installs the Software on your computer.

"Service" or "Services" means the MyFileBackup service as the same is
then offered by MySoftware and as the same may be changed by MySoftware
as it desire in its sole discretion.

DESCRIPTION OF SERVICE

MySoftware is making the Software and Services available pursuant to the
terms of this Agreement and the then current published price schedule.
MySoftware has the right to modify the terms of this Agreement in its
sole discretion.  Where any change or revision is made by MySoftware,
your continued possession of the Software and/or use of the Service shall
constitute an affirmative acknowledgement of the change and your agreement
to abide by the same.

REGISTRATION AND PRIVACY

In partial consideration for the license granted and the right to use
the Software and Service, you agrees to: (1) provide all current, complete,
and accurate information about you as and when requested by MySoftware,
and (2) maintain and update this information as required to keep it current,
complete and accurate. The information shall be referred to as registration
data ("Registration Data")  You grant MySoftware the right to use and
disclose certain Registration Data, in the aggregate, to third parties.

MySoftware will not monitor, edit, or disclose the contents of a your data
which is stored by the Service unless required to do so by law or in the
good faith belief that such action is necessary to: (1) conform to the
edicts of the law or comply with legal process served on MySoftware;
(2) protect and defend the rights or property of MySoftware; or (3) act
under exigent circumstances to protect the personal safety of its members
or the public.

You acknowledge and agree that MySoftware neither endorses the contents
of any of your data  nor assumes responsibility for any threatening,
libelous, obscene, harassing or offensive material contained therein,
any infringement of third party intellectual property rights arising
therefrom, or any crime facilitated thereby.

You also acknowledge and agree that certain technical processing of file
and data transfer may be required to: (1) upload and download data;
(2) conform to various networks' technical requirements; (3) conform to
the limitations of this service; or (4) conform to other similar
requirements.

YOUR ACCOUNT, PASSWORD AND SECURITY

Once you subscribe to the Service, you shall receive a password and an
account. You are solely responsible for maintaining the confidentiality
of your password and account. Furthermore, you are solely responsible
for any and all activities which occur under your account. You shall
notify MySoftware of any unauthorized use of your account or any other
breach of security known to you.

GRANT OF LICENSE

Subject to the terms and conditions of this Agreement, MySoftware
grants and you accepts a non-transferable, non-exclusive, terminable,
license to install and use one (1) copy of the Software for the purpose
of using the Service.

You agree not to, in whole or in part, modify, translate, reverse
engineer, decompile, disassemble, create derivative works based on the
Software, or use the Software in any manner that infringes the
intellectual property or other rights of another party.

The trademarks, logos and service marks displayed on the Software and
Service are the property of MySoftware or other third parties and you
have no right to the same.  No other rights or licenses are granted to
you except as stated herein.

FEES

Upon MySoftware's receipt from you of the then current fees for the
Service, you shall be entitled to use the Software and Services
pursuant to the documentation. Such fees may be increased by MySoftware
at any time and without notice, and shall be published by MySoftware.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT THE SOFTWARE AND SERVICE ARE PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS.

MYSOFTWARE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.

MYSOFTWARE MAKES NO WARRANTY THAT THE SOFTWARE OR SERVICE WILL MEET
YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE; NOR DOES MYSOFTWARE MAKE ANY WARRANTY AS TO
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO
THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE
SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR
UPLOADED IS DONE AT YOUR OWN DISCRETION AND RISK.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM MYSOFTWARE OR THROUGH THE SOFTWARE OR SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY MADE HEREIN.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES,
SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

SECURITY RISKS AND DATA BACKUP REQUIREMENTS

You understand that while your account will be password protected,
security and encryption can be defeated by third parties (hackers
and others) and your data which is transmitted and stored through
the Software and Service may potentially be accessed by third parties.
Accordingly, information which is proprietary and confidential should
not be backed up via the Software or Service.  You should always
exercise safety precautions to maintain the secrecy of your password
and change it frequently.

You agree that the Software and Service shall be utilized by you as
only one form of data backup and that you will also backup your data
using other means so that if your data which is stored using the
Service is destroyed, corrupted or otherwise unusable, you will have
other sources of such data.  You should frequently backup all data
and keep that data in multiple locations.  The Service should only be
used as one of your many off-site backup locations.

Without limiting the disclaimer of warranties or limitation of
liability terms of this Agreement, MySoftware shall have no liability
related to breaches of security or encryption or data corruption,
destruction or other unusability of the same.

GOVERNMENT

The Software and documentation available on this Web site are
"Commercial Items," as that term is defined at 48 C.F.R. º2.101,
consisting of "Commercial Computer Software" and "Commercial Computer
Software Documentation," as such terms are used in 48 C.F.R. º12.212
or 48 C.F.R. º227.7202, as applicable. Consistent with 48 C.F.R. º12.212
or 48 C.F.R. ºº227.7202-1 through 227.7202-4, as applicable, the
Commercial Computer Software and Commercial Computer Software
Documentation are licensed to U.S. Government end users (a) only as
Commercial Items and (b) with only those rights as are granted to all
other end users pursuant to the terms and conditions herein.

IMPORT AND EXPORT RESTRICTIONS

The export and re-export of the Software is controlled by the United
States Export Administration Regulations and such Software may not
be exported or re-exported in violation of any law or regulation.

LIMITATION OF LIABILITY

IN NO EVENT WILL MYSOFTWARE OR ANY OF ITS LICENSORS BE LIABLE TO YOU
FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOSS OF DATA, THIRD
PARTY ACCESS TO CONFIDENTIAL INFORMATION, LOST PROFITS, OR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND
(INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR
OTHERWISE, EVEN IF MYSOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. Some states or jurisdictions do not allow the exclusion
or limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to Licensee.

NOTWITHSTANDING THE FOREGOING LIMITATION, MYSOFTWARE'S MAXIMUM
LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS RECEIVED BY MYSOFTWARE
FOR THE SOFTWARE AND/OR SERVICES PROVIDED HEREIN.

TERMINATION

MySoftware reserves the right to modify or discontinue the Software
and Service upon notice.  Where MySoftware exercises its right to
terminate the Services, any unused portion of pre-paid fees shall
be refunded or credited to you, at MySoftware's option.  In the event
MySoftware elects to discontinue the Software and/or the Service,
MySoftware shall notify you at the address (email) provided by you.

Notwithstanding the foregoing, either party may terminate this
Agreement thirty (30) days prior written notice to the other party.
Should you object to any terms and conditions of this Agreement or
any subsequent modifications thereto or become dissatisfied with the
Service or Software in any way, your only recourse is to immediately:
(1) discontinue use of the software and Service; (2) delete the
Software from your computer storage; and (3) notify MySoftware of
termination.  No refunds will be made.

TECHNICAL SUPPORT

MySoftware may but is under no obligation to provide technical
support to you.  Further, where MySoftware offers technical support,
such support may require that you pay a fee for the same.

OTHER LIMITATIONS

MySoftware retains the right, at MySoftware's sole discretion, to
determine whether or not your conduct is consistent with the letter
and spirit of this Agreement and may terminate the license and
Services if your conduct is found to be inconsistent with the Agreement.

YOUR CONDUCT

You are is solely responsible for the contents of your data which is
transmitted and stored through the Service.  Your use of the Service
is subject to all applicable local, state, national and international
laws and regulations.

You agree: (1) to comply with US laws and regulation regarding the
transmission of technical data exported from the United States through
the Service; (2) not to use the Service for illegal purposes; (3) not
to interfere or disrupt networks connected to the Service; and (4) to
comply with all regulations, policies and procedures of networks
connected to the Service.

You agree not to transmit or store through the Service any unlawful,
harassing, libelous, abusive, threatening, harmful, vulgar, obscene
or otherwise objectionable material of any kind or nature. You further
agree not to transmit any material that encourages conduct that could
constitute a criminal offense, give rise to civil liability or otherwise
violate any applicable local, state, national or international law or
regulation. Attempts to gain unauthorized access to the Service or other
computer systems are prohibited.

You shall not interfere with another end user's use and enjoyment of the
Service or another entity's use and enjoyment of similar services.

Without limiting MySoftware's right to terminate the Service, MySoftware
may, at its sole discretion, immediately terminate Service should your
conduct fail to conform with these terms and conditions of the Agreement.

INDEMNIFICATION

You agrees to indemnify and hold MySoftware, its parents, subsidiaries,
affiliates, officers and employees, harmless from any claim or demand or
liability, including reasonable attorneys' fees and expenses, made by
any third party due to or arising out of your use of the Software or
Service, the violation of this Agreement, or the infringement by you,
or others user of the Software or Service using your computer, of any
intellectual property or other right of any person or entity.

GENERAL

This Agreement shall be governed by and construed in accordance with the
laws of the state of California, excluding its conflict of law provisions.
MySoftware and you each agree to submit to the exclusive jurisdiction of
the courts of the state of California.

If any provision(s) of this Agreement is held by a court of competent
jurisdiction to be contrary to law, then such provision(s) shall be
construed, as nearly as possible, to reflect the intentions of the
parties with the other provisions remaining in full force and effect.

MySoftware's failure to exercise or enforce any right or provision of
this Agreement shall not constitute a waiver of such right or provision
unless acknowledged and agreed to by MySoftware in writing.

You and MySoftware agree that any cause of action arising out of or
related to the Software or Service must commence within one (1) year
after the cause of action arose; otherwise, such cause of action is
permanently barred.

The section titles in this Agreement are solely used for the convenience
of the parties and have no legal or contractual significance.