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End User License Agreement
BY INSTALLING, EXECUTING OR ACTIVATING THE PRODUCT, OR BY CLICKING ON THE “ACCEPT” BUTTON, YOU ARE DEEMED TO AND DO CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE LICENSE TERMS, DO NOT BREAK THE SEAL, DO NOT INSTALL, EXECUTE OR ACTIVATE THE PRODUCT, OR CLICK ON THE “DO NOT ACCEPT” BUTTON. ALL UNACCEPTED SOFTWARE MUST BE PROMPTLY RETURNED TO Quadric Software.
THIS SOFTWARE END USER LICENSE AGREEMENT (the “License”) is between you (the “End User”), and Quadric Software (“Quadric Software”).
Grant of License
Subject to the terms and conditions of this License, Quadric Software grants End User a non-exclusive license to use the Quadric Software Distributed Backup software. You are expressly prohibited from sublicensing, selling, renting, leasing or otherwise distributing the Software or making any use prohibited by law. If you download the Software from the Internet or similar on-line source, you must include the Quadric Software copyright notice for the Software with any on-line distribution and on any media you distribute that includes the Software.
Copyright and Trademark Rights
The Software is owned by Quadric Software and its suppliers, and its structure, organisation and code are the valuable trade secrets of Quadric Software and its suppliers. The Software also is protected by United States, EU and other International Treaty provisions. You may use trademarks in accordance with accepted trademark practice, including identification of trademark owner’s name. Such use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this Agreement does not grant you any intellectual property rights in the Software.
Intellectual Property Protection
The Software, including its operation, code, architecture, implementation, and look and feel, and any images, photographs, animations, video, audio, music, text, and applets incorporated into the Software, as well as all accompanying media, printed materials, and electronic documentation (the “Documentation”), are the valuable intellectual property of Quadric Software and its suppliers, protected by United States copyright laws and international treaty provisions. This License does not give you any intellectual property rights in the Software or Documentation. You agree to treat the Software like any other copyrighted material. You may not copy the Documentation and agree not to modify, translate, disassemble, decompile, reverse engineer, create derivative works of the Software, or make any other attempt by any means to discover or obtain the source code for the Software, except and only to the extent that such activity is expressly permitted by applicable law. You further agree not to remove or in any way obscure any ownership or trademark notices on the Software or Documentation.
Restrictions on Use
You may not use the Software in any way that violates any applicable law, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other computer crime regulations, etc.
You may not export or re-export the Software in violation of the export laws of the United States, the European Community or the applicable laws of any other jurisdiction. Among other things, U.S. laws provide that the Software may not be exported or re-exported to certain countries which are embargoed or restricted or to certain restricted persons. Embargoed and restricted countries currently include Afghanistan, Cuba, Iran, Iraq, Libya, Sudan, North Korea and Syria.
Quadric Software warrants that the Software will perform substantially according to Quadric Software’ published specifications for a period of ninety (90) days from the date you acquire the Software. THESE ARE THE ONLY WARRANTIES MADE BY Quadric Software. Quadric Software DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR ANY WARRANTY THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS OR INTERRUPTIONS OR THAT IT WILL MEET YOUR PARTICULAR REQUIREMENTS. Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary by jurisdiction. No Quadric Software agent or employee is authorised to make any modifications, extensions or additions to this warranty.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL Quadric Software OR ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE TO YOU OR ANY THIRD PARTY BENEFICIARY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOSS OF DATA, EVEN IF Quadric Software KNOWS OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Quadric Software’ TOTAL LIABILITY IN CONNECTION WITH THIS LICENSE OR THE SOFTWARE, WHETHER IN TORT, CONTRACT OR OTHERWISE, EXCEED THE AMOUNT PAID FOR THE SOFTWARE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.
Choice of Law
This Agreement will be governed by the laws of the United States of America. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorised officer of Quadric Software.
Quadric Software may terminate this License if you fail to comply with its terms and conditions. Upon termination, you must destroy all copies of the Software and Documentation in your possession. Quadric Software reserves all rights not expressly granted under this License. This License is the entire agreement between you and Quadric Software concerning the Software and supersedes any and all prior or contemporaneous oral or written agreements, representations, negotiations or other dealings between you and Quadric Software. If any part of this License is found to be void, unenforceable or invalid, that part will be deemed stricken and will not affect the validity of the other License provisions. Failure by either party to enforce any provision of this License will not be deemed a waiver of future enforcement of that or any other provision. This License may be modified only by an amendment signed by authorised representatives of both parties.