Software usage agreement
By checking the "I agree" box
or downloading, installing and/or using NH Backup (hereafter the "Software")
you accept and agree to the terms of this license agreement (hereafter
the "Licence"). This License constitutes the entire agreement
concerning the Software between you and Anders Petersson Software Development
(hereafter "APSD"). If you do not agree with these terms and
conditions, promptly abort the installation/uninstall the Software.
The term "Software" includes,
and these terms and conditions also apply to, any updates, modifications
and upgrades to the Software that you may receive from APSD.
Article 1 - Licence grant
1. This License permits you to use one
copy of the Software solely for your internal operations on a single
computer for the duration of 30 days from installation (hereafter the
"Trial Period").
2. You agree that you will not sublicense,
assign, transfer, distribute, pledge, lease, rent or share your rights
under this License except with prior written permission from APSD.
3. You agree that you will not modify,
adapt, disassemble, decompile, reverse engineer or otherwise attempt
to discover the source code of the Software. This explicitly prohibits
you to take measures to continue running the Software after the expiration
of the Trial Period.
Article 2 - APSD's rights
1. You acknowledge that the Software and
Documentation are proprietary products of APSD protected under international
copyright law and disclosed to you by APSD in confidence.
2. You shall take all reasonable steps
to safeguard the Software and Documentation. APSD owns and retains all
copyright, trademarks, trade secret and other proprietary rights in
and to the Software and Documentation. This License conveys to you only
a non-exclusive and limited right of use, revocable in accordance with
the terms and conditions of this License.
Article 3 - Support and upgrades
1. Support and upgrades are currently
provided through email only. Further upgrades and extended support services,
if available, may be purchased under separate agreement with APSD.
Article 4 - Limited Warranty
1. APSD warrants that the Software will
continue to function after the Trial Period as it did during the Trial
Period. The Trial Period is intended for thorough evaluation so as to
enable you to, without cost, fully investigate the Software. Continued
use after the Trial Period has ended is regarded as implicit acceptance
of the Software as is. No refunds are available.
Article 5 - Exception to warranty
1. APSD disclaims any and all other warranties,
express or implied, including any implied warranties of merchantability
or fitness for particular purpose. APSD does not warrant that the Software,
its use, operation or your ability to use the Software will be uninterrupted
or error-free or that all Software errors will be corrected. The warranty
set forth above shall not apply to any defect or problems caused by
any defect in any hardware or software used in combination with the
Software, or use of the Software in execution environments not specified
in the Documentation. APSD does not warrant that the Software or service
will meet your requirements or that the operation of the Software will
be uninterrupted or error free.
2. APSD's limited warranty is void if
a breach of the warranty has resulted from (i) accident, corruption
or misuse of the Software; or (ii) acts or omissions by someone other
than APSD.
Article 6 - Exclusive Remedies
1. You agree that if, during the Warranty
Period, a defect in the Software media appears, your exclusive remedy
will be, in APSD's sole option, to replace the media or to offer support.
Article 7 - Limitations of Liability
1. In no event and under no legal theory
shall APSD be liable for any damages to you or any other party, whether
arising out of contract or from tort, including loss of data, profits
or business, goodwill or other special, incidental, exemplary or consequential
damages, even if APSD has been advised of the possibility of such loss
or damages. APSD's cumulative liability shall not exceed the license
fee paid, if any, for use of this Software and Documentation. This section
shall survive termination of this License.
2. The foregoing provisions shall be enforceable
to the maximum extent permitted by applicable law.
Article 8 - Duration
1. This agreement is in effect until terminated.
You may terminate the agreement at any time by destroying all copies
of the Software and Documentation and erasing any copies on storage
media.
2. The agreement also terminates if you
fail to comply with any terms and conditions of this agreement. In such
event, you agree to destroy and erase all copies of the Software and
Documentation, and APSD will be entitled to all remedies in accordance
with applicable law.
Article 9 - Applicable Law
1. This entire agreement is governed by
the laws of Sweden, without reference to conflicts of law principles.
The application of the United Nations Convention of Contracts for the
International Sale of Goods is expressly excluded.
2. If any provisions of this Agreement
are held invalid, the remainder of this Agreement shall continue in
full force and effect.
Article 10 - Forum Clause
1. You expressly agree to the exclusive
jurisdiction of the court of Lund, Sweden, for any claim or dispute
that may arise under this agreement or from the Software whatsoever.
Contact Information
1. Use of the Software other than for
your internal operations on a single computer requires that you have
entered into a separate license agreement with APSD. Please e-mail support@anderssoftware.com
for further information.