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SOS Online Backup, Inc. End User License Agreement
The Service and Software are owned and operated by SOS Online Backup, Inc. (together, with its subsidiaries and affiliates, “SOS”). For the purposes hereof, the users of the Service and Software are referred to as “you”, “your” or “User” and SOS is referred to as the “Company”, “we”, “us” or “our”.
The “Service” shall mean the SOS backup service for storage and recovery of computer files and any and all services provided in connection therewith. The Service is intended to provide you with a backup of files from which files can be restored. Typically, the Service will consist of electronic transmission of data over the Internet to a location maintained to store such data. Users may then have access to retrieval of such stored data.
The “Software” shall mean the SOS software through which the Service is delivered and all related components thereof, and any and software provided in connection therewith. The Software shall include any upgrades, new versions and amendments made available by SOS as well as any training materials, installation guides and user documentation associated with the Software. The Software is typically installed on your computer(s) or hardware system(s). Any reference to the Software shall be deemed to include the Software regardless of the form in which it is transmitted, downloaded, installed or used and whether it is obtained via the Internet, CD-ROM or otherwise.
The following is a legally binding end-user license agreement (the “Agreement”) between you and the Company with respect your access and use of the Service and Software. For good and valuable consideration (the adequacy and sufficiency of which is acknowledged by each of the parties) of the mutual promises of the parties contained herein, the parties hereby agree as set forth below. All Users will be subject to and bound by this Agreement.
Acceptance of Terms
BY ACCESSING, BROWSING AND/OR USING ANY SOFTWARE OR SERVICE, YOU BECOME A USER OF THE SITE AND EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, ACCEPT AND AGREE TO EACH OF THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO ACCEPT EACH AND ALL OF THE FOLLOWING TERMS AND CONDITIONS AS SET FORTH BELOW, PLEASE DO NOT ACCESS, BROWSE OR USE ANY OF SOFTWARE OR SERVICES.
BEFORE YOU CHOOSE THE “ACCEPT” BUTTON AT THE BOTTOM OF THIS WINDOW, WE ASK THAT YOU CAREFULLY READ THIS AGREEMENT. BY CHOOSING THE “ACCEPT” BUTTON YOU ARE HEREBY (1) REPRESENTING THAT YOU ARE OVER THE AGE OF 18 AND HAVE THE CAPACITY TO BIND YOURSELF TO THE TERMS OF THIS AGREEMENT; (2) CONSENTING TO BE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, OR DO NOT REPRESENT THE FOREGOING, CHOOSE THE "DECLINE" BUTTON, IN WHICH CASE YOU WILL NOT AND MAY NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE OR SERVICE.
THE SOFTWARE OR SERVICE MAY NOT BE ACCESSED, USED OR OPERATED IN ANY JURISDICTION OR TERRITORY WHERE IT IS PROHIBITED BY APPLICABLE LAW, RULE OR REGULATION. SOS FORBIDS YOU FROM ACCESSING, USING OR OPERATING THE SOFTWARE OR SERVICE WHERE YOU ARE PROHIBITED FROM DOING SO BY APPLICABLE LAW, RULE OR REGULATION.
Eligibility
You must be at least 18 years old (or older, if an older age is required in your applicable jurisdiction in order to use or access the Software or Service) to use the Service or Software. By using the Service or Software, you represent and warrant that you are at least 18 years of age, or older if an older age is required in your applicable jurisdiction in order to use or access the Software or Service. If you are not such age or older, please do not access, use or browse the Service or Software.
Limited License
Subject to the terms and conditions of this Agreement, SOS grants to you a limited, personal, non-exclusive, non-sublicensable, non-transferable and non-assignable license to download, install, and use the Software and Service on a computer in only the manner prescribed herein. For the avoidance of doubt, the Software or Service is licensed, not sold, to you by us and you can only use the Software and Service as expressly stated in this Agreement. SOS owns the Software and Service, including without limitation, any and all worldwide copyrights, patents, trade secrets, trademarks, and proprietary and confidential information rights in or associated with the Software and Service. Furthermore, SOS reserves any and all rights not expressly granted to you in this Agreement. The Software and Service may be protected not only by copyright laws and international copyright treaties, but also other intellectual property laws and treaties.
You are permitted to use and install the Software and Service on one or more computers, provided that the same are for your own direct benefit (and not that of any other person or entity. At any time during the Term or thereafter, SOS shall have the right to audit your use of the Service and Software and compliance with the terms and conditions of this Agreement.
Use of Service/Software
You may utilize the Service and Software for only your own personal, non-commercial use for the sole purposes for which the Service and Software are designed. You may not, under any circumstances whatsoever, use the Software or Service in a manner or for a purpose for which the Software or Service are not intended or designed.
You may not, under any circumstances whatsoever, make any copies (or attempt any duplication), whether directly or indirectly, of the Software or Service for any reason. In addition, you may not in any event, directly or indirectly, do any of the following: (a) remove any copyright, trademark, or other proprietary notices affixed to the Software or Service; (b) sell, transfer, rent, lease, or sub-license the Software or Service to any third party; (c) alter, change, repurpose or modify the Software or Service; (d) make the Software or Service available over a network where it could be used by multiple computers at the same time; (e) reverse engineer, disassemble, decompile or attempt to derive source code from the Software or Service; (f) prepare derivative works, improvements or intellectual property based on the Software or Service; (g) use the Software or Service for any unlawful, immoral, unethical or unreasonable purpose or activity; or (h) cause or intend the Software or Service to be used in any way or manner that may violate the intellectual property or other personal rights (including, but not limited to, privacy rights and ownership rights) of any other person or entity.
Failure by you to duly comply with applicable laws, rules and regulations regarding copyrights, patents and other intellectual property and personal rights may subject you to both civil and criminal liability, including (without limitation) possible fines and incarceration, and SOS will not be responsible for any breaches by you of this Agreement or violations by you of any applicable law, rule or regulation. If, for any reason, you are uncertain about your rights (if any) to copy, distribute or use any material, you should contact an attorney and obtain legal advice regarding the same.
Upgrades
In its sole and absolute discretion, SOS may (but shall be under no obligation to do so), from time to time, offer fixes, updates, and upgrades to you, including, but not limited to, new versions of the Software or Service. You may accept or reject such fixes, updates, or upgrades at your sole discretion and at your own exclusive risk. While SOS may offer such items, SOS is not required and is under no obligation to provide any maintenance or services to you, including (without limitation) any support, updates, enhancements, or other modifications to the Software or Service. Unless explicitly stated otherwise in writing, the terms of this Agreement will govern any software or service fixes, updates, or upgrades provided by SOS that replaces, modifies or supplements the Software or Service. SOS may also choose to make any fixes, updates or upgrades available by automatic download, wherefore you are hereby deemed to accept fixes, updates or upgrades upon your automatic download of the same.
Third-Party Items
If you elect to purchase, download, install or use any Third-Party Items, please be advised that all such software, services and activities are subject to the terms and conditions of a separate end-user license agreement (or similar agreement) between you and such third party that is the manufacturer, reseller, or proponent of such Third-Party Item. SOS is in no way responsible for, and makes no representation or warranties with respect to, any Third-Party Items. Furthermore, we will not be responsible or have any liability whatsoever for any damages that you incur with respect to Third-Party Items. YOU ARE STRONGLY ENCOURAGED TO CAREFULLY READ THE TERMS AND CONDITIONS OF ANY END-USER LICENSE AGREEMENT (OR SIMILAR AGREEMENT) WITH RESPECT TO ANY THIRD-PARTY ITEMS.
For the purposes of the Agreement, “Third Party Items” shall mean software, services, activities, content, materials, documents, graphics, products, goods or all such items made available, sold, offered or provided by a third person or entity (i.e. other than SOS) to you. Third Party Items may be used, obtained or accessed (without limitation) by users independently (and with no assistance or connection from SOS), directly through the Service or Software or by links presented by or through SOS, the Service or the Software.
Privacy
Prior to providing any personal information to us about you, please review our Privacy Policy (as amended and supplemented from time to time), including, but not limited to, the policy located at http://www.sosonlinebackup.com/privacy.htm. You agree and warrant that any and all of your personal information provided to us is true and correct, including (but not limited to) your name, physical or electronic mailing address, phone number, fax number and other information requested (and you agree to update the same for the duration of this Agreement). You understand that all personal information provided by you to us will be subject to the terms and conditions of our Privacy Policy. You acknowledge and agree that we may disclose information that you provide to us, if we are required to do so by any applicable law, rule or regulation, or if we, in our sole and absolute discretion, believe that disclosure is reasonable or necessary to (1) comply with any applicable law, rule or regulation, requests or orders from law enforcement, or any legal process (whether or not such disclosure is affirmatively required by applicable law, rule or regulation); or (2) protect or defend the rights or property (including, but not limited to, intellectual property) of the Company or any third person or entity.
You are strongly encouraged to review and understand the terms and conditions of our Privacy Policy. BY AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE REVIEWED OUR PRIVACY POLICY AND YOU HEREBY EXPRESSLY CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY.
Scope of Software and Services
The scope of the Software and Services shall at all times be in the sole and absolute discretion of Company. Without limiting the foregoing, Company may choose, at its sole and absolute discretion, the times of any backups and the frequency and manner in which any and all backups are made. In addition, Company may choose the scope, manner, design and function of any encryption technology or mechanisms used by it with respect to your data.
SOS does not represent or endorse the accuracy or reliability of, and specifically and expressly disclaims any and all liability related to (whether directly or indirectly), any information displayed, uploaded, posted on the Services or Software, or otherwise distributed or transmitted through the Software or Service by SOS, or any other person or entity. Moreover, the Company in its sole and absolute discretion reserves the right to refuse to post, host or display, and the right to remove or delete, any information from this Software or Services, in whole or in part, for any reason (or no reason) at any time without any notice thereof to you or any other person or entity. Any comments, feedback or advice that you provide to us at, through, or relating to the Software or Services shall be deemed to be non-confidential and we (and our affiliates) shall have an unrestricted and absolute right to post and publish the same (in our sole and absolute discretion) for any lawful purpose whatsoever.
Backup
SOS or its affiliates, vendors or representatives may make copies of any and all data stored as part of the backup and recovery of files on any and servers or hardware associated with the Service. Company shall not be obligated to archive such copies and assume no responsibility or liability for their safekeeping. Any such copies shall not be accessible by you except in conjunction with your use of the Service or Software. Neither Company nor any of its affiliates have any responsibility liability with respect to any copies of your data backed up through the Service or Software. No bailment or similar obligations is created by this Agreement or its performance.
The Service is provided via installation on your computer or hardware systems. You hereby expressly and unconditionally consent to the installation on your computer or hardware system of any and all materials, data, software and other items necessary for the Service and Software to operate as they are intended.
Data transmitted during backup may be encrypted by the Company. Typically, SOS will encrypt data when transmitted and de-encrypt data during attempted recovery by a User of his, her or its files and stored data.
Your Responsibilities
You must have computer turned on, powered up, connected to the Internet, and in a suitably ready position to allow backup to occur as required by the Service or Software. You agree to provide computer, hardware, equipment, software, a working Internet connection, data, files and any and all other materials and items required for your access and use the Service and Software. Company does not represent or warrant that the Software and Service will work with your operating system, hardware or computer. You are solely responsible for ensuring that you have all suitable equipment and systems to properly use the Service and Software. You agree to use the Software and Service for only up to the maximum storage capacity and file size capacity as paid for by you for your applicable subscription to the Service and Software.
Your Warranties, Covenants and Duties
You hereby expressly represent, warranty, covenant and agree that you will not, directly or indirectly, do any of the following: (a) falsify or misrepresent any information regarding your identity or intentions with respect to any matter in connection with the Software or Service; (b) post, publish, transmit, distribute, or upload any information or materials through the Software or Services that the Company, in its sole and absolute discretion, deems unlawful, obscene, lewd, sexually explicit, derogatory, abusive, threatening, discriminatory with respect to race, religion or gender, or is otherwise reasonably disagreeable, offensive or objectionable; (c) post, publish, transmit, distribute, or upload any information or materials through the Software or Services that contains a virus, or any other harmful software code or programming routine, that could impair operation or function of the Software or Service or access of others who may, do or will access, browse or use the Software or Services; (d) post, publish, transmit, distribute, offer or upload any information or materials through the Software and Services that is (in whole or part) unlawful, false, deceptive, misleading, fraudulent, or otherwise reasonably disagreeable, offensive or objectionable, including (without limitation) any information, document, communication or transmission that constitutes, affirms, encourages or supports the commission of any illegal activity or any violation of any local, state, national or applicable foreign law, rule or regulation, including (without limitation) any laws that protect the intellectual property, personal or privacy rights of any person or entity; (e) post, publish, transmit, distribute, or upload any information, content, documents or materials through or in connection with the Software or Services that in any way violates any patent, copyright, trademark or any other proprietary intellectual property rights of others; (f) post, publish, transmit, distribute, or upload any information, documents, content or materials through or in connection with the Software or Services that violates any legal, property, intangible, confidentiality or privacy rights of others; (g) post, publish, transmit, distribute, or upload through or in connection with the Software or Services any bulk e-mail solicitations, chain letters, solicitations, advertisements, pyramid schemes or any other unsolicited communication, including, without limitation, spamming those who access, browse or use the Software or Services; (h) violating or attempting to violate the security of the Software or Services, or any third party network, system, server, or account, including, without limitation, engaging in any of the following activities: (i) accessing data, folders, information, content, materials, servers, accounts, databases, etc. which you are not authorized to access, (ii) impersonating our personnel (or any other person or entity) or engaging in any other pre-texting, (iii) attempting to (A) probe, scan or test the vulnerability of a system, server, account or network, or (B) breach security, validation or authentication measures of any of the foregoing, (iv) attempting to interfere with, disrupt or disable service or access or use of the Software or Services to or for any user, host, server, account or network, including, without limitation, via means of overloading, "flooding," "mailbombing," "denial of service" attacks, or "crashing", (v) forging any TCP/IP packet header or any part of the header information in any e-mail or posting, (vi) taking any action in order to obtain services to which you are not entitled, or (vii) attempting to utilize another party`s account name or persona without first obtaining authorization from that party; (i) attempting to circumvent or alter any method of measuring, tracking, recording or billing for the Software or Service; and (j) reselling, re-distributing, sub-licensing or redirecting the Software or Service for any reason whatsoever.
Violations of the aforementioned representations, warranties and covenants and/or of the security of the Software and Services may result in (without limitation) severe civil or criminal liability for the offending party.