AnyFileBackup PRO 4.3.2

EULA - End User License Agreement

ANYFILEBACKUP (ALL EDITIONS)
LICENCE AGREEMENT

NOTICE TO USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. USE OF THE SOFTWARE PROVIDED WITH THIS AGREEMENT CONSTITUTES YOUR FULL AND UNCONDITIONAL ACCEPTANCE OF THE TERMS OF THE AGREEMENT. IT IS ILLEGAL TO USE THE SOFTWARE WITHOUT ACCEPTING THIS AGREEMENT. BY ACCEPTING THE TERMS OF THE AGREEMENT YOU AGREE, CONFIRM, AND ACKNOLEDGE THAT ANY PRIOR NEGOTIATIONS, REPRESENTATIONS, STATEMENTS, AGREEMENTS, ETC. REACHED AND/OR MADE IN REGARD TO OR IN CONNECTION WITH THE SOFTWARE BECOME NULL AND VOID AND UNENFORCEABLE IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR IF THE TERMS OF THIS AGREEMENT CONTRADICT WITH THE LAWS OF YOUR COUNTRY AND/OR YOUR LOCAL LAWS, DO NOT INSTALL AND/OR USE THIS SOFTWARE. USE OF THIS SOFTWARE IS CONDITIONAL UPON YOUR FULL, COMPLETE, AND UNCONDITIONAL ACCEPTANCE OF AND COMPLIANCE WITH THE TERMS OF THIS AGREEMENT THROUGHOUT THE ENTIRE TERM OF THE AGREEMENT.

TERMS AND EXPRESSIONS AND INTERPRETATION
The following terms and expressions are used in this AGREEMENT.
"AGREEMENT" means this Licence Agreement.
"AUTHOR" means AAR Innovations.
"OPERATING SYSTEM" means Windows (C) (any version) operating system developed by Microsoft Corporation (regardless whether it is installed on a computer, a virtual machine, a cloud-based server, or elsewhere) that YOU directly, indirectly, and/or ultimately control.
"SOFTWARE" means AnyFileBackup (any edition) that YOU are installing and/or USING.
"USE" (when the usage of the SOFTWARE is concerned) means storing, loading, installing, executing, and/or displaying the SOFTWARE for any lawful purposes.
"YOU" means a company, entity, individual, or any other subject that can act in its own capacity and in its own name who is USING the SOWTWARE. This term also includes YOUR officers, employees, agents, and/or advisors who USE and/or have access to the SOFTWARE or any part thereof.
A month is equal to 30 calendar days. A day means any calendar day and equal to 24 hours.
If there is a doubt about the interpretation of this AGREEMENT, an interpretation that is most favourable to the AUTHOR shall be adopted.

TRIAL LICENCE GRANT. The AUTHOR grants YOU a non-exclusive non-transferrable time-limited licence to USE one (1) copy of the SOFTWARE on any one (1) OPERATING SYSTEM within an evaluation period not exceeding thirty (30) calendar days as of the date of first installation of the SOFTWARE on the OPERATING SYSTEM (the "TRIAL LICENCE"), upon expiration of which YOU must either (i) purchase the SOFTWARE according to the terms, procedures, and prices specified on the SOFTWARE website, or (ii) remove the SOFTWARE from the OPERATING SYSTEM (save for SOFTWARE settings). The TRIAL LICENCE permits YOU to USE the SOFTWARE for testing purposes only that means for evaluating SOFTWARE usefulness and functionality for YOUR needs and purposes on YOUR OPERATING SYSTEM. It is strictly prohibited to USE the SOFTWARE under the TRIAL LICENCE for usual commercial and/or non-commercial purposes, in a course of YOUR day-to-day trade, profession, business and/or activity. The TRIAL LICENCE does not entitle YOU to USE all SOFTWARE features and such restricted features are determined upon unconditional discretion of the AUTHOR (the "LIMITATIONS"). Please consult the SOFTWARE documentation or SOFTWARE website to read about the LIMITATIONS.

COMMERCIAL LICENCE GRANT. When YOU pay for the SOFTWARE according to the procedures specified on the SOFTWARE website and YOUR payment is accepted, YOU, in addition to the TRIAL LICENCE rights, will be granted the following rights: (1) a right to USE the SOFTWARE outside the TRIAL LICENCE thirty (30) calendar days period and (2) a right to USE the SOFTWARE without the LIMITATIONS for usual commercial and/or non-commercial purposes, in a course of YOUR day-to-day trade, profession, business and/or activity (the "COMMERCIAL LICENCE"). The COMMERCIAL LICENCE entitles YOU to receive a licence key for the SOFTWARE (the "LICENCE KEY") and is valid for the SOFTWARE version available at the time of the purchase and for any version that will be released thereafter within the subscription for updates period specified in the e-mail message that delivers the LICENCE KEY. One LICENCE KEY may be used for one (1) instance of the SOFTWARE on one (1) instance of the OPERATING SYSTEM. It is YOUR duty to keep the LICENCE KEY secure and not to make it available to any third party and/or to general public.

SUBSCRIPTION FOR UPDATES. YOU may for a fee extend YOUR COMMERCIAL LICENCE to the SOFTWARE version that has been released after YOUR COMMERCIAL LICENCE subscription for updates period has expired. Visit the SOFTWARE website for details.

TERM OF THE AGREEMENT. This AGREEMENT becomes effective when YOU accept it by installing the SOFTWARE and remain in force during the entire period when YOU USE the SOFTWARE until YOU completely uninstall the SOFTWARE and delete all LICENCE KEYS (if YOU have any). This section as well as "OWNERSHIP", "COPYRIGHT", "LIMITED WARRANTY", "SEVERABILITY", "NO LIABILITY FOR DAMAGES", "ENTIRE AGREEMENT", and "RESERVED RIGHTS" sections remain in force indefinitely.

OWNERSHIP. The SOFTWARE is owned and copyrighted by the AUTHOR. Neither TIRAL LICENCE nor COMMERCIAL LICENCE (i) confers to YOU any title or ownership in the SOFTWARE or any part thereof and (ii) should be construed as a sale to YOU of any right in the SOFTWARE or any part thereof.

COPYRIGHT. The SOFTWARE is protected by copyright law and international treaty provisions. YOU acknowledge that no title to the intellectual property in the SOFTWARE is transferred to YOU. YOU further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of the AUTHOR and under no circumstances YOU will acquire any rights to or in the SOFTWARE except as expressly set forth in this AGREEMENT. YOU agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.

UNAUTHORIZED USE. YOU may not USE, copy, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, and/or transfer the SOFTWARE except as provided in this AGREEMENT; YOU may not modify the SOFTWARE and/or disable any licensing and/or control features of the SOFTWARE except as an intended part of the SOFTWARE's programming features; YOU may not apply the SOFTWARE for pursuing any illegal or unlawful purposes (collectively, the "UNAUTHORIZED USE"). Any such UNAUTHORIZED USE (i) shall result in an immediate automatic termination of this AGREEMENT and (ii) YOU will have to compensate the AUTHOR in full any costs and expenses that the AUTHOR may and/or will incur as a result of and/or in connection with the UNAUTHORIZED USE and indemnify and hold the AUTHOR harmless from any expenses, costs (including but not limited to legal fees), liability, and any other expenditures that the AUTHOR may and/or will incur as a result of and/or in connection with the UNAUTHORIZED USE.

BREACH OF THE AGREEMENT. Any provision of this AGREEMENT is a condition. Any breach, non-compliance with, and/or non-observance of (whether intentional or otherwise) any provision of this AGREEMENT is considered as a material breach of the AGREEMENT regardless any consequences of such breach, non-compliance, and/or non-observance, or absence of such consequences.

LICENCE REVOCATION. Either TRIAL LICENCE, or COMMERCIAL LICENCE, or both may be revoked by the AUTHOR by blocking the LICENCE KEY without any compensation and without notice to YOU (i) if any provision of this AGREEMENT is breached by YOU (regardless whether intentionally or not, whether the breach was material or not), and/or (ii) if the payment for the COMMERCIAL LICENCE was refunded and/or cancelled for any reason (by means of a chargeback or otherwise), and/or (iii) if YOUR LICENCE KEY has become available to a third party and/or general public (whether it was YOUR fault or not, whether it was a result of an offence/crime or not), and/or (iv) if YOUR actions and/or failure to act put the AUTHOR in a position when it will be in breach of its country and local laws and/or regulations. Either TRIAL LICENCE, or COMMERCIAL LICENCE, or both may be reinstated by the AUTHOR and/or the LICENCE KEY unblocked if YOU to the satisfaction of the AUTHOR provide convincing evidences and explanations that YOUR licence shall be reinstated and/or LICENCE KEY unblocked. The AUTHOR has unrestricted discretion to decide whether the evidences and/or explanations provided are sufficient and/or convincing. If YOUR licence is reinstated and/or LICENCE KEY is unblocked, the AUTHOR shall not be liable to compensate YOU and/or make good any loss, damage, and/or expense that YOU have and/or will incur as a result of and/or in connection with YOUR licence revocation and/or LICENCE KEY blocking. If YOUR licence was revoked and/or LICENCE KEY blocked, the AUTHOR may refuse to contract with YOU in future, and the AUTHOR has unrestricted discretion to decide on this matter.

BUNDLING. Under no circumstances may this SOFTWARE be bundled with any hardware and/or any software (either shareware, freeware, or otherwise) without prior written permission from the AUTHOR. All distribution of the SOFTWARE is further restricted with regard to sources which also distribute virus source code and related virus construction/creation materials. The SOFTWARE may not be made available on any site, CD-ROM, and/or with any package which makes available and/or contains viruses, trojan-type software, virus source code, virus construction programs, and/or virus creation material. Permission to distribute the SOFTWARE is not transferable, assignable, saleable, and/or franchisable. Anyone wishing to distribute the package must contact the AUTHOR to obtain a distribution permission.

YOU are expected to USE the SOFTWARE on YOUR system and to thoroughly evaluate its usefulness and functionality before purchasing the COMMERCIAL LICENCE. This "try before you buy" approach is the ultimate guarantee that the SOFTWARE will perform to YOUR satisfaction; therefore, YOU understand, agree, and confirm that there is no refund policy for any purchase of the SOFTWARE.

LIMITED WARRANTY. THIS SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. AUTHOR DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE, WHETHER EXPRESSED OR IMPLIED, WHETHER AVAILABLE IN LAW OR IN EQUITY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE AUTHOR MAKES NO WARRANTY (I) THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THAT THE SOFTWARE WILL BE ERROR-FREE AND/OR BUG-FREE, (III) REGARDING THE SECURITY, RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE SOFTWARE, AND (IV) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NEITHER AUTHOR NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE AND/OR INABILITY TO USE SUCH SOFTWARE, EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON USING THE SOFTWARE BEARS ALL RISKS AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT LIABILITY IS BY LAW INCAPABLE OF EXCLUSION OR RESTRICTION. IN NO EVENT SHALL ANY THEORY OF LIABILITY EXCEED THE LICENSE FEE PAID BY YOU TO THE AUTHOR AND IS ALLOWED TO BE CHARGED ONLY ONCE (NOT REPEATABLE).
SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. THE AUTHOR SHALL BE ALLOWED BUT NOT OBLIGED TO PROVIDE UPDATES TO THE SOFTWARE IF THE AUTHOR DECIDE THE UPDATE IS NECESSARY. THE AUTHOR DO NOT PROVIDE ANY WARRANTY ABOUT SECURITY OF THE SOFTWARE AGAINST HACKERS AND OTHER SECURITY THREATS.
ANY CONTENT OR MATERIAL PROCESSED THROUGH THE USE OF THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOUR WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE AND/OR LOSS OF DATA THAT RESULTS FROM THE USAGE OF THE SOFTWARE.

SEVERABILITY. In the event of invalidity (for any reason) of any provision of this AGREEMENT, the parties agree that such invalidity shall not affect the validity of the remaining portions of this AGREEMENT.

NO LIABILITY FOR DAMAGES AND COSTS. UNDER NO CIRCUMSTANCES SHALL THE AUTHOR OR ITS SUPPLIERS BE LIABLE TO YOU FOR DAMAGES OF ANY TYPE (INCLUDING BUT NOT LIMITED TO DIRECT DAMAGES, INDIRECT DAMAGES, DAMAGE DUE TO LOSS OF CONFIDENTIAL INFORMATION, CONSEQUENTIAL DAMAGES, INCIDENTAL DAMAGES, LIQUIDATED DAMAGES, PATENT DAMAGES, ACTUAL DAMAGES, COMPENSATORY DAMAGES, NON-CONTRACTUAL DAMAGES, DAMAGES CAUSED BY INCORRECT USAGE OF THE SOFTWARE, DAMAGES FROM ACTIVITIES OF THIRD PARTIES), LOST PROFIT, REIMBURSEMENT AMOUNT, AMOUNT REFUNDED, AND AMOUNT OF COMPENSATION, AND EXCLUSIVE PENALTIES (WHETHER ANY OF THE FORESAID WAS FORESEEABLE OR NOT) ARISING OUT OF (I) THE DELIVERY, (II) PERFORMANCE, (III) USE AND/OR INABILITY TO USE THE SOFTWARE, (IV) THE INABILITY TO USE THE SOFTWARE TO ACCESS CONTENT OR DATA, AND/OR (V) ANY OTHER MATTER RELATING TO THE SOFTWARE, EVEN IF THE AUTHOR HAS BEEN ADVISED ON THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AUTHOR'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND GROSS NEGLIGENCE) AND/OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU TO THE AUTHOR, IF ANY, AND IS ALLOWED TO BE CHARGED ONLY ONCE (NOT REPEATABLE). YOU SHALL NEVER BE ENTITLED TO RECOVER FROM THE AUTHOR YOUR LEGAL FEES AND STATUTORY COSTS, EVEN IF YOU ARE A PREVAILING PARTY IN THE COURT.

DISPUTES RESOLUTION. IF YOU HAVE ANY CLAIM TO OR CAUSE OF ACTION AGAINST THE AUTHOR, YOU MUST ATTEMPT TO RESOLVE IT BY A WAY OF FRIENDLY NEGOTIATIONS WITH THE AUTHOR. IF NO AGREEMENT CAN BE REACHED BETWEEN YOU AND THE AUTHOR WITHIN TWO AND A HALF (2,5) MONTHS SINCE SUCH CLAIM OR CAUSE OF ACTION ASROSE, YOU ARE NO LONGER OBLIGED TO CONTINUE NEGOTIATAIONS PROVIDED THAT YOU ACTIVELY PARTICIPATED IN THE NEGOTIATIONS, NEGOTIATED IN GOOD FAITH, WERE REASONABLE IN ALL YOUR DEMANDS, AND DILIGENTLY AND PRUDENTLY CONSIDERED ALL AVAILABLE OPTIONS FOR OUT-OF-COURT RESOLUTION OF YOUR CLAIM OR CAUSE OF ACTION; OTHERWISE YOU HAVE A DUTY TO CONTINUE NEGOTIATIONS UNTILL ALL AVAILABLE OPTIONS FOR OUT-OF-COURT RESOLUTION OF YOUR CLAIM OR CAUSE OF ACTION ARE DILIGENTLY AND PRUDENTLY CONSIDERED BY YOU. YOU AGREE, CONFIRM, AND ACKNOWLEDGE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SOFTWARE OR THE AGREEMENT IS ALLOWED TO BE FILED ONLY WITHIN THREE (3) MONTHS AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE AND ONLY WITHIN FIRST SIX (6) MONTHS SINCE FIRST ACCEPTANCE OF THE TERMS OF THIS AGREEMENT OR BE BARRED FOREVER AND UNDER NO CIRCUMSTANCES ANY OF THESE TIME PERIODS CAN BE RESTORED OR PROLONGED.
IF NO AGREEMENT CAN BE REACHED BETWEEN YOU AND THE AUTHOR CONCERNING YOUR CLAIM OR CAUSE OF ACTIONT, AND YOU ELECT TO BRING A CLAIM AND/OR PERSUE A CAUSE OF ACTION AGAINST THE AUTHOR, THE RIGHT TO DETERMINE THE COURT COMPETENT TO SETTLE THE DISPUTE BETWEN YOU AND THE AUTHOR AND ALL REALATED PROCEDURAL MATTERS SHALL BE VESTED IN, AND ONLY IN, THE AUTHOR WHO WILL HAVE AN UNRESTRICTED DISCRETION TO DETERMINE SUCH COURT AND REALATED PROCEDURAL MATTERS WITHIN A REASONABLE TIME AS OF THE DATE OF DELIVERY TO THE AUTHOR OF A FORMAL WRITTEN REQUEST FOR SUCH DETERMINATION. SUCH DISCRETION INCLUDES BUT NOT LIMITED TO AN UNRESTRICTED RIGHT TO DECIDE THE COURT, THE LOCATION OF THE COURT PROCEEDINGS, THE LANGUAGE OF THE PROCEEDINGS, THE APPLICABLE PROCEDURAL RULES, AND THE COMPOSITION OF THE COURT. THE DICISION OF THE COURT WILL BE FINAL AND BINDING ON BOTH PARTIES AND THERE WILL BE NO APPEAL, CASSATION OR ANY OTHER RECONSIDERATION PROCEDURE IN ANY TRIBUNIAL AND/OR STATE COURT IN ANY JUSRISDICTION (THE "APPEAL"). EVEN IF THE APPEAL IS AVAILABLE TO YOU, YOU WILL FOREVER REFRAIN FROM USING IT. YOU HEREBY EXPRESSLY AGREE, CONFIRM, AND ACKNOLEDGE THAT YOU FULLY AGREE WITH THIS PROVISION AND WILL NOT ATTEMPT TO DISPUTE ITS VALIDITY AND/OR INTERPRET IT IN A WAY UNFAVOURABLE TO THE AUTHOR. YOUR FAILURE TO COMPLY WITH THIS PROVISION OR ANY PART THEREOF WILL FOREVER BAN ANY CLAIMS OR CAUSES OF ACTION YOU HAVE AND/OR MAY HAVE IN FUTURE.

ENTIRE AGREEMENT. This is the entire agreement between YOU and the AUTHOR which supersedes and makes null and void and unenforceable any prior negotiations, representations, statements, agreements (including any previously accepted version of the SOFTWARE licence agreement), and/or understandings in their entirety, whether written or oral, whether express or implied, relating to the subject matter of this AGREEMENT.

RESERVED RIGHTS. All rights not expressly granted to YOU in this AGREEMENT are reserved to the AUTHOR in their entirety.