STORIX SYSTEM BACKUP ADMINISTRATOR
INTERNATIONAL PROGRAM LICENSE AGREEMENT
Last updated August 15, 2012
IMPORTANT: CAREFULLY READ THIS LICENSE (EULA) BEFORE USING THIS PRODUCT. USING THIS
PRODUCT INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE AND AGREE
TO ITS TERMS.
THIS IS A LICENSE, NOT A SALE. THIS PRODUCT IS PROVIDED UNDER THE
FOLLOWING LICENSE WHICH DEFINES WHAT YOU MAY DO WITH THE PRODUCT,
AND CONTAINS LIMITATIONS ON WARRANTIES AND OR REMEDIES. THIS LICENSE
IS GRANTED BY STORIX SOFTWARE.
A. LICENSE: STORIX (“we” or “us”), provides you with storage media or
installation files containing a computer program (the “Program”), and,
optionally, a user manual, License (the “License”), registration card and
accompanying documents (together called the “Product”) and grants you a
license to use the Product in accordance with the terms of this License.
The copyright and all other rights in the Product shall remain with us or
our suppliers. You must reproduce any copyright or other notice marked on
the Product on all copies you make.
B. YOU MAY:
1. for license options requiring purchase, you may use the Program only
on a single computer for which an individual license was purchased.
If you wish to use the Program for additional computers, you will need
a further license for each computer;
2. if the software has been obtained for a trial period, use the Program on
any computer for the length of time determined by the trial license;
3. make one copy of the Program for archive or back-up purposes; or
4. transfer the Program to another party, only if you assign all of your
rights under this License, cease all use of the Program, erase or destroy
any copy (including the hard disk copy) made in support of your use of the
Program, and the other party agrees to the terms of this License.
C. YOU MAY NOT:
1. use the Product or make copies of it except as permitted in this License;
2. publish or distribute the computer images, sound files or fonts included
with the Program as computer images, sound files or fonts;
3. use any of the computer images included with the Program, except in
accordance with the guidelines included in the documentation for the
Program and in this license.
4. use any of the computer images related to identifiable individuals or
entities in a manner which suggests their association with or endorsement
of any product or service;
5. translate, reverse engineer, decompile or disassemble the Program, except
to the extent the foregoing restriction is expressly prohibited by
applicable law;
6. rent, lease, assign or transfer the Product except as set out above; or
7. modify the Program or merge all or any part the Program in another program.
D. TERM: This License shall continue for as long as you use the Product.
However, it will terminate if you fail to comply with any of its terms or
conditions. You agree, upon termination, to destroy all copies of the
Product. The Limitations of Warranties and Liability set out below shall
continue in force even after any termination.
E. WARRANTY: We warrant that the storage media in this Product will be free
from defects in materials and workmanship for 90 days from the date you
acquire it. If such a defect occurs, return it to us at the address below
and we will replace it free. This remedy is your exclusive remedy for
breach of this warranty. It gives you certain rights and you may have
other legislated rights which vary from jurisdiction to jurisdiction. In
states or countries that do not allow exclusions or limitations of warranty
(see section F), this product is provided without warranty, and this
section does not apply to you.
F. LIMITATION OF WARRANTIES AND LIABILITY: Except for the express warranty
above, the Product is provided on an “as is” basis, without any other
warranties, or conditions, express or implied, including but not limited
to warranties of merchantable quality, merchantability or fitness for a
particular purpose, or those arising by law, statute, usage of trade or
course of dealing. The entire risk as to the results and performance of
the Product is assumed by you. Neither we nor our dealers or suppliers
shall have any liability to you or any other person or entity for any
indirect, incidental, special or consequential damages whatsoever,
including but not limited to loss of revenue or profit, lost or damaged
data or other commercial or economic loss, even if we have been advised of
the possibility of such damages or they are foreseeable; or for claims by
a third party. Our maximum aggregate liability to you, and that of our
dealers and suppliers shall not exceed the amount paid by you for the
Product. The limitations in this section shall apply whether or not the
alleged breach or default is a breach of a fundamental condition or term,
or a fundamental breach. Some states/countries do not allow the exclusion
or limitation of liability for consequential or incidental damages. In such
such states/countries, this product is provided without warranty of any
kind (see section E).
G. RESTRICTED RIGHTS: If this Product is acquired by or for the U.S.
Government then it is provided with Restricted Rights. Use, duplication,
or disclosure by the U.S. Government is subject to restrictions as set
forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and
Computer Software clause at DFARS 52.227-7013, or subparagraphs (c)(1)
and (2) of the Commercial Computer Software – Restricted Rights at 48
CFR 52.227-19, or clause 18-52.227-86(d) of the NASA Supplement to the
FAR, as applicable.
H. GENERAL: This License is the entire agreement between us, supersedes any
other agreement or discussions, oral or written and may not be changed
except by a written signed agreement. This License shall be governed by
and construed in accordance with the laws of the State of California,
United States. If any provision of this License is declared by a Court of
competent jurisdiction to be invalid, illegal, or unenforceable, such
provision shall be severed from the License and the other provisions shall
remain in full force and effect. The parties have requested that this
Agreement and all documents contemplated hereby be drawn up in English.
Les parties aux prÈsentes ont exigÈ que cette entente et tous autres
documents envisagÈs par les prÈsentes soient rÈdigÈs en anglais.
Storix, Inc.
302 Washington St
Suite 126
San Diego, CA 92103
(619) 543-0200
Copyright (c) 1999-2022 Storix, Inc.
All rights reserved