Backup Deluxe 2005 SE 1.4

EULA - End User License Agreement

Backup Deluxe 2005 SE License Agreement

BACKUP DELUXE 2005 SE END-USER LICENSE AGREEMENT

IMPORTANT-READ CAREFULLY: This Backup Deluxe 2005 SE End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and FlexibleSoft Co. for the SOFTWARE(s) identified above, which includes the User''s Guide, any associated SOFTWARE components, any media, any printed materials other than the User''s Guide, and any "online" or electronic documentation ("SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE. If the SOFTWARE was mailed to you, return the media envelope along with the rest of the package to the location where you obtained it within 30 days from purchase.

1. DEFINITIONS

"non-commercial entity" is defined as any individual, educational institution, charity or humanitarian organization.

"commercial entity" is defined as any corporation registered or otherwise that derives or attempts to derive substantial commercial and monetary gain and benefit from its efforts and endeavors. This includes all Government and Military entities.

"personal use" means the non-commercial use of Backup Deluxe 2005 SE in your own home, with your own personal computer by you, your family or by your close friends. The computer you use Backup Deluxe 2005 SE in must be owned by you or by a member of your family, you are not allowed to use an unlicensed version (after the evaluation period) of Backup Deluxe 2005 SE in a computer owned by the company you work for.

"educational use" means the use of Backup Deluxe 2005 SE for educational purposes in a non-commercial institution.

"Licensed version" means a version of Backup Deluxe 2005 SE that has been licensed for use by a "commercial or non-commercial entity". Licensed version is not free and you are not allowed to distribute it in any ways.

"Unlicensed version" means the free version of Backup Deluxe 2005 SE that can only be used by a non-commercial entity for personal, educational and non-commercial use. The one and only exception is during the evaluation period in which the Software may also be used by a commercial entity.

"license" means the license you own. If you haven''t bought a license (i.e. the licensed version) you are bound by the restrictions of the unlicensed version.

"license agreement" means this document. This license agreement is a legal agreement between you (individual or a legal entity) and FlexibleSoft Co.

2. The SOFTWARE is licensed, not sold.

3. GRANT OF LICENSE.

1. Unlicensed version
Allows you to use Backup Deluxe 2005 SE in an unlimited amount of computers.

Evaluation
A commercial entity may use the Software without charge for thirty (30) days from the day that you install the Software. You must pay the license fee and register your copy to continue to use the Software after the thirty (30) day evaluation period. To pay the license fee and register your copy, you should visit www.backupdeluxe.com or an authorized sales agent.

2. Licensed version
When you purchase a license you will be provided with a license key. You should enter the license key as prompted by the Software. The licensed Software may be used by the number of users indicated in your license key and on our invoice. If the Software is installed on a terminal/network server or other storage device, you must purchase a license for each user who use the Software. A license for the Software may not be shared by alternating use of the Software between different users.

For each user a license has been purchased, one copy of the Software can be made on his or her portable computer. You may also make one copy of the Software for back-up or archival purposes. Otherwise, you may not copy the Software in whole or in part.

You may permanently transfer all of your rights under this license provided you transfer all copies of the Software and the recipient agrees to the terms of this license.

There are 4 basic types of licenses issued for Backup Deluxe 2005 SE, these are:

a. A SINGLE user license. The user purchases a single license for the use of Backup Deluxe 2005 SE by a single user.

b. A MULTIPLE user license. The user purchases a single license for the use of Backup Deluxe 2005 SE, by the purchaser or the purchaser''s employees. The license can be used by the number of users the license was issued to.

c. A SITE license. The user purchases a single license, authorizing the use of Backup Deluxe 2005 SE, by the purchaser or the purchaser''s employees, on a maximum of 1000 computers at the same physical SITE location. This SITE location would normally be defined as a single building, but could be considered to be a number of buildings within the same, general, geographical location, such as an industrial estate.

d. A CORPORATE license. The user purchases a single license, authorizing the use of Backup Deluxe 2005 SE, by the purchaser or the purchaser''s employees, on an unlimited number of computers, regardless of location, but owned or under the control of the purchaser.

4. DISTRIBUTION. You are hereby licensed to make copies of the SOFTWARE as you wish; give exact copies of the original SOFTWARE to anyone; and distribute the SOFTWARE in its unmodified form via electronic means (Internet, BBS''s, Shareware distribution libraries, CD-ROMs, etc.). You may charge a distribution fee for the package, but you must not represent in any way that you are selling the SOFTWARE itself. Your distribution of the SOFTWARE will not entitle you to any compensation from FlexibleSoft Co. You must distribute a copy of this EULA with any copy of the SOFTWARE and anyone to whom you distribute the SOFTWARE is subject to this EULA.

5. RESTRICTIONS. You may not reverse engineer, de-compile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, or lend the SOFTWARE. You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA. You may not use the SOFTWARE to perform any unauthorized transfer of information (e.g. transfer of files in violation of a copyright) or for any illegal purpose.

6. SUPPORT SERVICES. FlexibleSoft Co. may provide you with support services related to the SOFTWARE. Use of Support Services is governed by FlexibleSoft Co. polices and programs described in the user manual, in online documentation, and/or other materials provided by FlexibleSoft Co., as they may be modified from time to time. Any supplemental SOFTWARE code provided to you as part of the Support Services shall be considered part of the SOFTWARE and subject to the terms and conditions of this EULA. With respect to technical information you provide FlexibleSoft Co. as part of the Support Services, FlexibleSoft Co. may use such information for its business purposes, including for product support and development. FlexibleSoft Co. will not utilize such technical information in a form that personally identifies you.

7. TERMINATION. Without prejudice to any other rights, FlexibleSoft Co. may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE.

8. COPYRIGHT. The SOFTWARE is protected by copyright laws 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 FlexibleSoft Co. and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.

9. NO WARRANTIES. FLEXIBLESOFT CO. EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.

10. LIMITATION OF LIABILITY. IN NO EVENT SHALL FLEXIBLESOFT CO. OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE, EVEN IF FLEXIBLESOFT CO. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, FLEXIBLESOFT CO’S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY WILL NOT EXCEED THE GREATER OF U.S.$1.00 OR LICENSE FEE PAID BY YOU.

11. MISCELLANEOUS. Should you have any questions concerning this EULA, or if you desire to contact FlexibleSoft Co. for any reason, please contact by electronic mail at: support@backupdeluxe.com.