GIGABACKUP End user license agreement

GigaBackup End User License Agreement February 27, 2007.



PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA” or “Agreement”) CAREFULLY
BEFORE DOWNLOADING OR INSTALLING ANY SOFTWARE. BY DOWNLOADING, INSTALLING AND
USING THE SOFTWARE, YOU THEREBY AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
OF THIS EULA. IF YOU DO NOT AGREE WITH ONE OR MORE TERMS OR CONDITIONS IN THIS
EULA, DO NOT PROCEED WITH THE INSTALLATION OF THE SOFTWARE.

This agreement (the "Agreement") is a legal agreement between you, either an
individual or a single legal entity, and GigaBackup S.A. (“GigaBackup”, “our”,
“we” or “us”). This Agreement governs your use of the GigaBackup Online Backup
Client Software distributed with this Agreement, including updates that may be
provided to you and any accompanying written documentation (the "Software") and
the GigaBackup online backup service and website gigabackup.biz ("Service").
GigaBackup provides you with the Software and Service on condition that you accept
all of the terms of the following Agreement.


LICENSE

GigaBackup grants you the non-exclusive and non-transferable license to download
and use one copy of the Software for your personal computer. You may transfer the
Software and license to someone else as long as you and the other party comply with
the terms and conditions in this Agreement. You are prohibited from copying,
modifying, translating, adapting, disclosing or transferring the Software in whole
or in part, except as expressly stipulated in this Agreement. You agree not to
decompile or reverse engineer the Software or attempt to derive the source code of
the Software.

To transfer the Software to another party, you must guarantee that the other party
understands and adheres with the terms and conditions of this Agreement. After the
transfer you must delete the Software from all of your computers.

We retain the right at any time, to modify or discontinue the Software and Service,
or any part thereof, with or without notice to our sole discretion. You agree not
to hold us liable for any modification, suspension, discontinuance or removal of any
services. In case we discontinue the Software and Service prior to the end of your
current subscription we will return any prepaid, but unused portion of the paid fees
to you. To our sole discretion we reserve the right to refuse or restrict access to
part or to all of our Software and Service to anyone at any time.

All intellectual property rights related to the Software and Service are owned by
GigaBackup and its suppliers, and are protected by international copyright laws.
GigaBackup, and its suppliers retain all rights not explicitly granted by this
Agreement.

TERM OF AGREEMENT AND CANCELLATION

Unless terminated prematurely, the term of this Agreement covers the period of your
subscription to GigaBackup service and will continue until you cancel your
subscription. At any time you may terminate this Agreement by cancelling your
subscription and notifying us with an E-mail sent to support@gigabackup.biz.

In case of cancellation you must destroy the Software and all related materials.

Note that you will not be entitled to a refund for your current subscription and
will be obligated to pay us any outstanding amounts due. This Agreement will
terminate in case of non payment of your subscription fees within 30 calendar days
from the due date. This Agreement can also be terminated due to conditions set
forth elsewhere in this EULA or in case you do not comply with any term or condition
set forth in this Agreement. Upon termination you agree to destroy the Software and
related materials immediately.

YOUR DATA WILL BE DELETED FROM OUR BACKUP SERVER THIRTY DAYS AFTER TERMINATION OF
THIS AGREEMENT.


DISCLAIMER OF WARRANTIES

THE SOFTWARE AND RELATED SERVICE AND ANY THIRD PARTY SOFTWARE AND SERVICES ARE
PROVIDED "AS IS," WITH NO WARRANTIES OF ANY KIND. GIGABACKUP AND SAID THIRD PARTIES
EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND
STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF
PROPRIETARY RIGHTS AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY,
TIMELINESS, AND PERFORMANCE OF THE SOFTWARE OR SERVICE AND SUCH THIRD PARTY
SOFTWARE OR SERVICES.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE SOFTWARE AND SERVICE, AND
ALL THIRD PARTY SOFTWARE OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH
THE SOFTWARE OR SERVICE, AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OR USE OF THE SOFTWARE OR SERVICE AND SUCH THIRD PARTY SOFTWARE
AND SERVICES.


LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL GIGABACKUP BE LIABLE FOR DATA WHICH WAS NOT SENT TO
OUR BACKUP SERVERS BY THE SOFTWARE. YOU ARE ENCOURAGED TO CHECK THE BACKUP LOG
FILES TO ENSURE THAT THE DESIRED FILES HAVE BEEN BACKED UP.

UNDER NO CIRCUMSTANCES SHALL GIGABACKUP OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR
RELATED TO THE SOFTWARE OR SERVICE, WHETHER SUCH CLAIM IS BASED ON WARRANTY,
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF GIGABACKUP HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

GIGABACKUP’S LIABILITY PURSUANT TO THIS AGREEMENT SHALL BE LIMITED ONLY TO DIRECT
DAMAGES INCURRED AND SHALL NOT EXCEED THE FEE PAID BY YOU FOR THE MONTH IN WHICH
SAID DAMAGES APPEARED.

THE SOFTWARE AND SERVICE ARE NOT INTENDED FOR USE IN CONNECTION WITH ANY NUCLEAR,
AVIATION, MASS TRANSIT, OR MEDICAL APPLICATION OR ANY OTHER INHERENTLY DANGEROUS
APPLICATION THAT COULD RESULT IN DEATH, PERSONAL INJURY, CATASTROPHIC DAMAGE, OR
MASS DESTRUCTION, AND LICENSEE AGREES THAT LICENSOR WILL HAVE NO LIABILITY OF ANY
NATURE AS A RESULT OF ANY SUCH USE OF THE SOFTWARE.

THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM
USE OR MISUSE OF AND RELIANCE ON THE SOFTWARE OR SERVICE, FROM INABILITY TO USE THE
SOFTWARE OR SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE
SOFTWARE OR SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

ANY CLAIM OR CAUSE OF ACTION MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR
CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

THE FOREGOING LIMITATIONS OF LIABILITY ARE JUSTIFIED BY THE COMPETITIVE PRICING OF
THE SOFTWARE AND SERVICES.


YOUR OBLIGATIONS UNDER THIS AGREEMENT

You agree to provide accurate and up to date information about you as required by
the online registration form ("Registration Data") and to maintain accurate and up
to date your Registration Data. You confirm to have legal status and capacity to
enter into this Agreement in accordance with local laws.

You are responsible for the safeguard and non-disclosure of your account number,
user id, password and encryption key.


PAYMENT

Subscriptions to the Services are renewed on an annual, quarterly or monthly basis
according to the backup plan chosen. Subscriptions are renewed automatically unless
cancelled before the end of the subscription period. Each renewal of your
subscription will be considered as a new and separate subscription. Subscriptions
are paid in advance and are non-refundable. We may change the pricing of our backup
plans at any time and the new pricing will apply to all new subscriptions. At this
time we accept payment via PayPal Subscription Services. You must provide accurate
and relevant information during the account registration process to enable us to
process your payment for the chosen subscription period.


PRIVACY

The privacy of your information is of vital important to us. To better protect your
privacy, we guarantee that your information will be processed with due diligence in
accordance with European privacy laws. Your personal information will never be
shared with third parties unless ordered by a court of competent jurisdiction.

Your data files are encrypted using your personal encryption key before being sent
to our backup servers. No one can read your information, not even GigaBackup
personnel.


EXCLUDED FILES

By default the following file extensions are excluded from your backup:

.avi .bak .bkf .bsc .chk .chw .dbg .exp .ex~ .ftg .fts .gid .hfv .idb
.ilk .moz .mp3 .mpeg .mpg .obj .ost .pch .pqi .qic .swp .tmp .wav
pagefile.sys.

At your discretion you may include some or all of the above file extensions
(not normally required) by including additional file types in your backup.


MISCELLANEOUS PROVISIONS

This agreement will be governed by and construed in accordance with the United
Nations Convention on Contracts for the International Sale of Goods.

The failure of GigaBackup to exercise or enforce any right or provision of this
Agreement does not constitute a waiver of such right or provision. If for any reason
a court of competent jurisdiction finds any provision or portion of this Agreement
to be unenforceable, the remainder of this Agreement will continue in full force and
effect.

All trademarks appearing in the Software and Service are the property of their
respective owners.

This Agreement constitutes the entire agreement between the parties with respect to
the subject matter hereof and supersedes and replaces all prior or contemporaneous
agreements, written or oral, regarding such subject matter. Any waiver of any
provision of this Agreement will be effective only if in writing and signed by
GigaBackup.

You may not assign or transfer any of your rights or obligations under this
Agreement to a third party without the prior written consent of GigaBackup.
GigaBackup may freely assign this Agreement. Any attempted assignment or transfer
in violation of the foregoing will be void from the beginning.


Contacting US

Users with questions about this Agreement may contact GigaBackup via email:
support@gigabackup.biz.

BY DOWNLOADING AND INSTALLING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU
UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.