AeternaBackup 1.0

This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single legal entity) and AeternaBackup Software, which governs your use of the AeternaBackup Software Product. An amendment or addendum to this EULA may accompany the Product.

A software license and a license key ("Software Product License"), issued only by AeternaBackup Software or its authorized agents to a designated user may be required according to the following agreement.

This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single legal entity) and AeternaBackup Software, which governs your use of the AeternaBackup Software Product. An amendment or addendum to this EULA may accompany the Product.

A software license and a license key ("Software Product License"), issued only by AeternaBackup Software or its authorized agents to a designated user may be required according to the following agreement.

If you do not agree to the terms of this EULA, then do not download, install or use the Software Product or the Software Product License. By explicitly accepting this EULA you are acknowledging and agreeing to be bound by the following terms:

1. Grant of License

The Software Product is owned by AeternaBackup Software. It is licensed, not sold. The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. AeternaBackup Software reserves all intellectual property rights, including copyrights and trademark rights.

According to your order, AeternaBackup Software grants you a non-exclusive, non-transferable license to use the Software Product under certain obligations and limited rights as set forth in this agreement:

Single Server License: AeternaBackup Software grants the non-exclusive, non-transferable right to install and use the AeternaBackup Server Software on a single computer system.

Corporate License: AeternaBackup Software grants the non-exclusive, non-transferable right to install and use the AeternaBackup Server Software on an unlimited number of computer systems within the Licensee's organization.

Client License: AeternaBackup Software grants the non-exclusive, non-transferable right to install and use the AeternaBackup Client Software on an unrestricted number of computer systems within your organization.

AeternaBackup Software issues a Software Product License that allows you to use the Software Product accordingly. You may not disclose the Software Product License in any way.

Backup Copy: You may make copies of the Software Product and the Software Product License as reasonably necessary for the use authorized above, including as needed for backup and/or archival purposes. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software Product.

2. Restricted Use for Evaluation

This Software Product can be used in conjunction with a free Trial License. If you are using such a Trial License, you may use the Software Product only to evaluate its suitability for purchase for up to 30 days. Evaluation Software has been limited in some way either through timeouts, restricted use or evaluation warnings. AeternaBackup Software bears no liability for any damages resulting from use (or attempted use after expiration) of the software product, and has no duty to provide any support before or after the expiration date of a Trial License.

3. Support Services

AeternaBackup Software may provide you with support services related to the Software Product according to your order. All support services will be provided either by e-mail or by use of the AeternaBackup web site (http://www.aeternabackup.com).

Any supplemental software code or related materials that AeternaBackup Software provides to you as part of the support services, in periodic updates to the Software Product or otherwise, is to be considered part of the Software Product and is subject to the terms and conditions of this EULA.

With respect to any technical information you provide to AeternaBackup Software as part of the support services, AeternaBackup Software may use such information for its business purposes without restriction, including for product support and development. AeternaBackup Software will not use such technical information in a form that personally identifies you without first obtaining your permission.

4. Restrictions

You may not use, copy, or distribute the Software Product, except as granted by this EULA, without written authorization from AeternaBackup Software.

You may not tamper with, alter, or use the Software Product in a way that disables, circumvents, or otherwise defeats its built-in licensing verification and enforcement capabilities.

You may not remove or alter any trademark, logo, copyright or other proprietary notice, legend, symbol or label in the Software Product. You may not modify or create derivative copies of the Software Product License.

You may not reverse engineer, decompile, defeat license encryption mechanisms, or disassemble the Software Product or Software Product License except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, lend, or in any way distribute or transfer any rights in this EULA or the Software Product to third parties without AeternaBackup Software's written approval, and subject to written agreement by the recipient of the terms of this EULA.

The Software Product is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, in which the failure of the Software Product, or any software, tool, process, or service that was developed using the Software Product, could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly, AeternaBackup Software and its suppliers and licensors specifically disclaim any express or implied warranty of fitness for High Risk Activities. You agree that AeternaBackup Software and its suppliers and licensors will not be liable for any claims or damages arising from the use of the Software Product, or any software, tool, process, or service that was developed using the Software Product, in such applications.

5. Third Party Rights

Any software provided along with the Software Product that is associated with a separate license agreement is licensed to you under the terms of that license agreement. This license does not apply to those portions of the Software Product. Copies of these third party licenses are included in all copies of the Software Product.

6. Disclaimer of Warranty.

THE SOFTWARE PRODUCT IS SUPPLIED UNDER THIS AGREEMENT ON A STRICTLY "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND OR NATURE. AETERNABACKUP SOFTWARE DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES RELATIVE TO THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

7. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AETERNABACKUP SOFTWARE AND/OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE SOFTWARE PRODUCT. SUCH DAMAGES INCLUDE ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS. THIS PARAGRAPH SHALL APPLY REGARDLESS OF WHETHER THE THEORY OF LIABILITY IS BASED ON CONTRACT (INCLUDING FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT, NEGLIGENCE, EXTRA-CONTRACTUAL LIABILITY, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT AETERNABACKUP SOFTWARE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES. AETERNABACKUP SOFTWARE'S LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO AETERNABACKUP SOFTWARE EXPLICITLY AND SOLELY FOR ACCESS TO THE SOFTWARE PRODUCT. YOU HEREBY RELEASE AETERNABACKUP SOFTWARE FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION.

8. General

AeternaBackup Software may terminate this EULA if you fail to comply with any term or condition of this EULA. In such event, you must destroy all copies of the Software Product and Software Product Licenses.

This EULA is the entire agreement between AeternaBackup Software and you, and supersedes any other communications or advertising with respect to the Software Product; this EULA may be modified only by written agreement signed by authorized representatives of you and AeternaBackup Software.

If any provision of this EULA is held invalid, the remainder of this EULA shall continue in full force and effect.

All rights not expressly granted in this agreement are retained by AeternaBackup Software.