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END USER LICENSE AGREEMENT
IMPORTANT - READ THESE TERMS CAREFULLY BEFORE DOWNLOADING PRANAS.NET SQLBackupAndFTP (TM). BY DOWNLOADING, INSTALLING OR USING THIS PROGRAM, OR BY CLICKING ON "I ACCEPT" BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. YOU BEAR ALL RISK OF DATA LOSS ASSOCIATED WITH USE OF THIS PROGRAM. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, DO NOT DOWNLOAD OR INSTALL THE PROGRAM.
This End-User License Agreement (the "Agreement") is a legal contract between you, as either an individual or as a business entity, and Pranas.NET, which has its principal place of business at 6535 YELLOWSTONE BLVD SUITE 5F, FOREST HILLS, NY 11375
The Agreement governs the use of SQLBackupAndFTP (the "Software")
1. Grant of License for Registered Users
1.1.a. Grant of License. Pranas.NET, subject to the terms and conditions of this Agreement, hereby grants to you a non-exclusive and non-transferable license during the applicable Term to use the Software only in executable or object code form, and solely for Authorized Purposes in accordance with the Applicable Conditions. Without limiting the foregoing, if you received the Software in combination with a personal computer, network appliance or other hardware product, your license authorizes you to use the Software solely in conjunction with the applicable unit of hardware. ANY USE OF THE SOFTWARE OTHER THAN AS EXPRESSLY AUTHORIZED BY THIS SECTION , OR ANY RESALE OR FURTHER DISTRIBUTION OF THE SOFTWARE, CONSTITUTES A MATERIAL BREACH OF THIS AGREEMENT AND MAY VIOLATE APPLICABLE COPYRIGHT LAWS.
1.1.b. Limitations.You shall not, and shall not permit any third party to, (i) duplicate the Software for any purpose other than as reasonably necessary to use the same as contemplated by this Agreement and for off-line archival and disaster recovery purposes, (ii) install the Software on more computers than authorized by the Applicable Conditions, (iii) except as expressly authorized by Pranas.NET, use any license number supplied by Pranas.NET (each, a “License Number”) in connection with Software on more than one (1) computer at any time, (iv) disclose any License Number to any party other than Pranas.NET or, as required to obtain support services in respect of the Software, Pranas.NET` designated representatives, (v) publish the Software or any License Number or use the same other than for Authorized Purposes, (vi) except as expressly authorized by law, reverse engineer, disassemble, decompile, translate, reconstruct, transform or extract the Software or any portion of the Software (including without limitation any related malware signatures and malware detection routines), (vii) except as expressly authorized by law, change, modify or otherwise alter the Software (including without limitation any related malware signatures and malware detection routines), (viii) transfer, pledge, rent, share or sublicense the Software other than in connection with the sale, lease, rental or other transfer of the computer on which it is installed in compliance with the Applicable Conditions, (ix) grant any third party access to or use of the Software on a service bureau, timesharing, subscription service or application service provider or other similar basis, or (x) defeat or circumvent, attempt to defeat or circumvent, or authorize or assist any third party in defeating or circumventing controls on the installation or use of copies of the Software.
1.2. For purposes of this Agreement, the "Program" (the "Software") includes any updates, enhancements, modifications, revisions, or additions to the Program made by Pranas.NET, or a properly licensed affiliate, and made available to you through Pranas.NET`s, or a properly licensed affiliate`s, web site. As such, this Agreement shall also apply to any and all updates, supplements, add-on components, or Internet-based services components, of the Program that Pranas.NET may provide to you or make available to you after the date you obtain your initial copy of the Program, unless Pranas.NET provides other terms along with the update, supplement, add-on component, or Internet-based update services component. Pranas.NET reserves the right to discontinue any Internet-based update or e-mail services provided to you or made available to you through the use of the Program. Notwithstanding the foregoing, Pranas.NET shall be under no obligation to provide any updates, enhancements, modifications, revisions, or additions to the software. You may not use, copy, modify, sell, or transfer any part of the Program except as provided in this Agreement.
1.3. Any rights in the Program not expressly granted in this Agreement are reserved by Pranas.NET.
1.4. The Program contains components that enable and facilitate the use of certain Internet-based update services. You acknowledge and agree that Pranas.NET may automatically check the version of the Program and/or its components that you are utilizing and may provide upgrades or fixes to the Program that will be automatically downloaded to your computer. You may turn off automatic updates of the Program once installed, but initial settings may cause the Program to download and retrieve updates automatically without further user input.
1.5. Pranas.NET from time to time may release new versions of the Program. While Pranas.NET may provide discounts to the clients with earlier Program versions, generally the new versions will be considered a different product and must be purchased separately. It is entirely up to Pranas.NET discretion to decide what version should be considered "new" vs. "update/upgrade"
1.6. Pranas.NET may provide additional services utilizing Pranas.NET web servers like sending emails or providing web interface to the data stored on these servers (like backup logs). All such services are not part of the Program, they may come with a provision for service termination date. If services termination date is not explicitly set, Pranas.NET can terminate the service at any time.
1.7. Customer support is not part of the Program and should be purchased separately. In cases when Pranas.NET does provide such support, it does it solely up to its own discretion without taking any obligations upon itself.
2.1. The Program is being licensed, not sold, and Pranas.NET expressly reserves and maintains at all times all ownership rights in and to the Program, including any intellectual property rights therein. This License shall not be construed to grant any ownership rights in the Program to you, but shall only give you a limited license to use the Program until this Agreement is terminated, as set forth in Section 7. You acknowledge that the Program, including all intellectual property rights under copyright, trade secret, patent, or trademark laws, is owned by Pranas.NET and/or its licensors. Pranas.NET may pursue all legal remedies if you use the Program in violation of this Agreement.
2.2. You acknowledge that if you use the Program in violation of this Agreement (including, without limitation, by copying, distributing or making derivatives of the Program), you may be subject to CRIMINAL AND/OR CIVIL FINES AND PENALTIES under all applicable laws.
2.3. Pranas.NET has the right to gather information regarding the use of the Program and by installing the Program, you grant Pranas.NET permission to collect this information. Pranas.NET may use this information solely to improve its products or to track geographical data and the enforcement of its license agreement and will not disclose this information in a form that could personally identify you to any third party.
The Program contains material that is protected by United States and foreign intellectual property laws, including copyright, trade secret and patent law, as well as by international laws and treaty provisions. All rights not granted to you herein are expressly reserved by Pranas.NET. You may not remove any copyright or other proprietary notice of Pranas.NET from any copy of the Program.
4.1. You may not publish, display, disclose, rent, lease, sell, resell, modify, loan, distribute, or create derivative works based on the Program or any part thereof. You may not reverse engineer, decompile, translate, adapt, vary, alter, change, modify, or disassemble the Program, nor shall you attempt to create the source code from the object code for the Program. The Program may not be used with any third party signatures or signature databases. All signature file or database used with the Program must be ones developed and maintained by Pranas.NET.
4.2. As a condition of your use of the Program, you warrant that you will not use the Program for any purpose that is unlawful or is prohibited by these terms, conditions, and notices. You agree to comply with all local rules applicable to you in your use of the Program. You agree not to reproduce, resell or exploit for any commercial purposes, any portion of the Program. If you violate any of these terms, your permission to use the Program automatically terminates.
4.3. The Program is provided solely for lawful purposes and use. You agree to supervise and control the use of the Program in accordance with the terms of this Agreement. You shall be solely responsible for, and agree to comply with, all laws, statutes, ordinances, regulations, rules and other government authority ("Laws") applicable to the use of the Program. The Program is provided subject to this standard commercial agreement and qualifies as commercial computer software within the meaning of the applicable government acquisition Laws.
4.4. THIS LICENSE AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS ON THE EXPORT FROM THE UNITED STATES OF AMERICA OF THE PROGRAM OR INFORMATION ABOUT SUCH PROGRAM WHICH MAY BE IMPOSED FROM TIME TO TIME BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA. YOU SHALL NOT EXPORT THE PROGRAM OR INFORMATION ABOUT THE PROGRAM WITHOUT CONSENT OF PRANAS.NET AND COMPLIANCE WITH SUCH LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS. UNDER NO CIRCUMSTANCES MAY YOU DOWNLOAD THE PROGRAM IF YOU ARE WITHIN OR A CITIZEN OF IRAN, SYRIA, SUDAN, LIBYA, CUBA, RWANDA OR NORTH KOREA.
4.5. The terms and conditions of this Agreement shall apply to your use and disclosure of the Program, and shall supersede any conflicting contractual terms and conditions. If this Agreement fails to meet your minimum needs or is inconsistent in any respect with government procurement Laws, you agree not to use the Program.
5. Disclaimer of Warranties
5.1. THE PROGRAM IS PROVIDED TO YOU "AS IS" BY PRANAS.NET, AND ANY USE BY YOU OF THE PROGRAM IS AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT THE PROGRAM MAY CONTAIN BUGS, ERRORS, AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM OR OTHER FAILURES AND DATA LOSS. PRANAS.NET DOES NOT WARRANT THE PERFORMANCE OF THE PROGRAM AND DOES NOT WARRANT THAT THE PROGRAM WILL OPERATE SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION ACCOMPANYING THE PROGRAM.
5.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRANAS.NET DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, IN EQUITY OR AT LAW, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PRANAS.NET DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROGRAM WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE PROGRAM WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE PROGRAM WILL BE CORRECTED, OR THAT THE PROGRAM IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU. PRANAS.NET MAKES NO WARRANTY THAT PRANAS.NET WILL PROVIDE YOU WITH THE MOST RECENTLY DEVELOPED OR DISTRIBUTED VERSION OF THE SOFTWARE. YOU SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM.
6. Limitation of Liability
6.1. YOU RECOGNIZE THAT DESPITE THE INTENT, DESIGN, AND PURPOSE OF THE PROGRAM, ONLY YOU ARE ULTIMATELY RESPONSIBLE FOR ANY LOSSES OR DAMAGES INCURRED BY YOU AS A RESULT OF USING OR INSTALLING THE PROGRAM OR AS A RESULT OF ANY DATA OR INFORMATION LOST IN CONNECTION WITH THE USE, INSTALLATION, OR OPERATION OF THE PROGRAM. IN NO CIRCUMSTANCES OR EVENT WILL PRANAS.NET BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION OR DATA) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PROGRAM, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF PRANAS.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF THE DAMAGE WAS FORESEEABLE.
6.2. PRANAS.NET`S AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE PROGRAM OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY YOU FOR THE PROGRAM. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN THIS CASE YOU ARE EXPLICITLY PROHIBITED FROM DOWNLOADING, USING OR PURCHASING THE PROGRAM.
This License Agreement is effective until it is terminated by you or by Pranas.NET. You may terminate this License Agreement at any time by destroying, deleting, erasing or returning to Pranas.NET all copies of the Program in your possession or under your control. Pranas.NET may terminate this License Agreement for any reason, including, but not limited to, if Pranas.NET finds that you have violated any of the terms of this License Agreement. Upon notification to you of termination by Pranas.NET, you agree to destroy, delete, erase or return to Pranas.NET all copies of the Program and to certify in writing or by email that all known copies, including backup copies, have been destroyed. All provisions relating to confidentiality, proprietary rights, and non-disclosure shall survive the termination of this License Agreement.
You agree to release, indemnify, defend and hold harmless Pranas.NET and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorney`s fees and expenses, of third parties relating to or arising out of (a) your entering into this Agreement, or your breach of the terms or obligations of this Agreement, (b) your use or misuse of the Program or the use or misuse of the Program by a third Party under your control, or (c) your infringement upon any intellectual property or other proprietary right of any person or entity. Pranas.NET may, at its own expense, assume the exclusive defense and control of any matter otherwise subject to indemnification by you, but its doing so shall not excuse your indemnity obligations in this EULA. The terms of this paragraph will survive any termination or cancellation of this Agreement.
In particular to the Software, when Pranas.NET servers are used for sending email notifications about backup success/failure, we collect these emails along with date and time, license key, machine name, recipient email address, ip address and other information. We never collect any passwords except user passwords to access our company servers.
This information is used solely for improving the Software, tracking valid use or presenting it to the owner though web pages on our servers. Users may be provided with login information to these pages. It is a responsibility of a user to keep login information secret to preserve the security of the data.
The log data is usually kept for 6 months and then destroyed. However this period can be changed at any time at Pranas.NET discretion.
Pranas.NET will not disclose users personal information outside of Pranas.NET and its controlled subsidiaries and affiliates without your consent.
10. Governing Law
This License Agreement shall be construed, interpreted and governed by the laws of the State of New York without regard to conflicts of law provisions thereof. You agree that the exclusive forum for any disputes arising out of or relating to this License Agreement shall be an appropriate federal or state court sitting in New York City, USA.
If any part of this License Agreement is found illegal, invalid, or unenforceable by a court of competent jurisdiction, the remainder of this License Agreement shall be interpreted so as to reasonably effect the intention of the parties.
12. Force Majeure
You agree not to hold Pranas.NET responsible for any cessation, interruption or delay in the operation of the Program or performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God or the public enemy, war, armed conflict, terrorist action, strike, lockout, boycott, riot, release of hazardous or toxic substances, explosion, accident, or any other causes whether or not of the same class or kind as those specifically above named, which are not within the reasonable control of a party.
13. Entire Agreement
This License Agreement shall constitute the entire Agreement between the parties hereto. Any waiver of this License Agreement shall only be effective if it is in writing and signed by both parties hereto. You acknowledge and agree that Pranas.NET, at its sole discretion, may change, modify, amend, suspend or discontinue any aspect of the Program, including its pricing or its website, at any time without notice and without liability to you or to any third party. Pranas.NET reserves the right to impose limits on certain features of the Program at any time, without notice and without liability to you or to any third party. Further, you acknowledge and agree that Pranas.NET may amend this Agreement (including any fees and rules) applicable to the Program at any time, at Pranas.NET`s sole discretion. Any amendment of this Agreement will be reflected on Pranas.NET`s website and is applicable to you and all current users at the time it is posted, who agree to be bound thereby. You are expected to review the Agreement posted on the website periodically to obtain notice of any changes. Continued use of the Program constitutes acceptance of Pranas.NETs`s then-current Agreement. Section headings are for convenience only and shall not be considered in the interpretation of this Agreement.
All notices, demands or requests to Pranas.NET with respect to this Agreement shall be made in writing to: Pranas.NET, 6535 YELLOWSTONE BLVD SUITE 5F FOREST HILLS NY 11375
This Subscriber Agreement shall be applicable for as long as you have the Program downloaded or installed and you have not breached any provision of this Subscriber Agreement, except that the provisions regarding confidentiality, proprietary rights, indemnity, and non-disclosure shall survive this agreement.