END USER SOFTWARE LICENSE AGREEMENT
1. License Grant; Related Provisions
a. Grant of License
Pranas.NET, subject to the terms and conditions of this Agreement, hereby grants
to you a non-exclusive and non-transferable license during the Term to use the
Software only in executable or object code form solely for your personal or
internal business purposes. This license authorizes you to use the Software on
or in conjunction with up to (i) the number of computers specified by your order
for the Software, or (ii) in the case of Software purchased on a CD or other
physical medium, the number specified on the Software package, or (iii) if you
received the Software in combination with other hardware or software, solely in
conjunction with such other hardware or software.
b. Limitations
You shall not, and shall not permit any third party to,
(i) duplicate the Software for any purpose other than as reasonably
necessary to use the same as contemplated by this Agreement and for off-line
archival and disaster recovery purposes;
(ii) except for temporary transfer in the event of computer malfunction,
install the Software on a second computer;
(iii) publish the Software or use the same other than for the purposes
described in Section 1.a of this Agreement;
(iv) except as expressly authorized by law, reverse engineer,
disassemble, decompile, translate, reconstruct, transform or extract the
Software or any portion of the Software (including without limitation any
related malware signatures and malware detection routines);
(v) except as expressly authorized by law, change, modify or otherwise
alter the Software (including without limitation any related malware signatures
and malware detection routines);
(vi) transfer, pledge, rent, share or sublicense the Software other than
in connection with the sale or other transfer of the computer on which it is
initially installed;
(vii) grant any third party access to or use of the Software on a service
bureau, timesharing, subscription service, rental or application service
provider basis or otherwise; or
(viii) defeat or circumvent, attempt to defeat or circumvent, or
authorize or assist any third party in defeating or circumventing controls on
the installation or use of copies of the Software.
c. Updates
Pranas.NET, from time to time during the Term, may provide updates to the
Software and/or the malware signatures included therein (each, an “Update”).
Updates will be deemed Software for all purposes under this Agreement. You
acknowledge that you must routinely download and permit installation of Updates
in order to obtain maximum benefit from the Software.
2. Term; Termination
a. Term
The initial term of this Agreement will commence on the date you download or
otherwise acquire the Software, and will continue
(i) for the term you specified in your order for the Software, or
(ii) if you purchased the Software on CD or other physical medium, on the
Software package, or
(iii) if you received the Software in combination with other hardware or
software, the term specified by your supplier. If renewal terms are available,
Pranas.NET will provide notice offering you the opportunity to purchase renewals
at the then-current renewal price. The initial term and any renewals purchased
are referred to in this Agreement as the "Term".
b. Termination
Pranas.NET, in addition to such other rights may be available at law or equity,
shall be entitled to terminate this Agreement at any time without notice if you
commit a material breach of this Agreement.
c. Effect of Termination
On the expiration or termination of this Agreement, you will cease using the
Software, Pranas.NET may cease making Updates available to you, and the
Software may cease functioning. Sections 1.b, 3, 4, 5 and 6 will survive
the expiration or termination of this Agreement.
3. Ownership
(i) Pranas.NET reserves all rights in the Software not expressly granted
by this Agreement. All copyrights, trademarks and other conceivable intellectual
property rights in and to the Software (including, but not limited to, malware
signatures and other data files, images appearing in the Software and screen
displays as well as any and all documentation relating to the Software) are
owned by Pranas.NET or its licensors, and are protected by United States and
foreign copyright laws, international treaties and other applicable laws. Any
copy of the Software you are allowed to make pursuant to this Agreement must
contain the entire copyright and other notices included with the original copy
of the Software.
(ii) Some components of the SOFTWARE are covered by licenses other that
defined about. In particular:
- Task Scheduler by Dennis Austin, The Code Project Open License (CPOL),
http://www.codeproject.com/KB/cs/tsnewlib.aspx
- DotNetZip library Microsoft Public License (Ms-PL),
http://www.codeplex.com/DotNetZip
- Crystal Icons (LGPL) by Everaldo Coelho, www.everaldo.com, www.yellowicon.com
- All other icons based on Crystal Icons (LGPL) pranas.net
4. Warranties
THIS SOFTWARE AND ACCOMPANYING DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER
EXPRESSED OR IMPLIED. BECAUSE OF THE VARIOUS HARDWARE AND SOFTWARE
ENVIRONMENTS INTO WHICH THE SOFTWARE MAY BE USED, NO WARRANTY OF FITNESS FOR A
PARTICULAR PURPOSE IS OFFERED. IN PARTICULAR, Pranas.NET SHALL HAVE NO
LIABILITY FOR ANY DATA STORED OR PROCESSED WITH THIS SOFTWARE, INCLUDING THE
COSTS OF RECOVERING SUCH DATA. THE USER MUST ASSUME THE ENTIRE RISK OF USING
THIS PROGRAM. ANY LIABILITY OF Pranas.NET.COM CORP. WILL BE LIMITED EXCLUSIVELY
TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL Pranas.NET OR ITS SUPPLIERS BE LIABLE FOR ANY
SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION,
CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS)
REGARDLESS OF CAUSE OR FORM OF ACTION, INCLUDING CONTRACT, TORT OR NEGLIGENCE,
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF
Pranas.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME
STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU.
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Pranas.NET
OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES WHATSOEVER,
WITHOUT REGARD TO CAUSE OR THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION,
DAMAGES INCURRED FOR LOSS OF BUSINESS PROFITS OR REVENUE, LOSS OF PRIVACY, LOSS
OF USE OF ANY COMPUTER OR SOFTWARE INCLUDING THE SOFTWARE, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS) ARISING OUT
OF THIS AGREEMENT OR THE SOFTWARE PROVIDED HEREUNDER, EVEN IF Pranas.NET HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Pranas.NET
LIABILITY RELATED TO THE SOFTWARE EXCEED THE LESSER OF THE FEES YOU ACTUALLY
PAID FOR THE SOFTWARE AND Pranas.NET SUGGESTED RETAIL PRICE FOR THE SOFTWARE AS
OF THE DATE YOU RECEIVED IT. THE FOREGOING LIMITATION SHALL APPLY
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
6. Miscellaneous
a. Notice
Pranas.NET may deliver any notice to you via pop-up window, dialog box or other
means, even though you may not receive the notice unless and until you launch
the Software. Any such notice will be deemed delivered on the date Pranas.NET
first makes it available through the Software, irrespective of when you actually
receive it.
b. Privacy
(i) You acknowledge that Pranas.NET collects certain information
regarding the users of the Software, including certain personally identifiable
information. You hereby consent to Pranas.NET collection and use of such
information, and agree that Pranas.NET collection and use of such information
will be governed by Pranas.NET’ Privacy Policy, currently published at
sqlbackupandftp.com as Pranas.NET may revise the same from time to time.
c. U.S. Government License
Any Software provided to the U.S. Government is provided with the commercial
license rights and restrictions described elsewhere herein. Pranas.NET reserves
all unpublished rights under the United States copyright laws.
d. Complete Agreement
This Agreement constitutes the complete Agreement between the parties and
supersedes all previous communications and representations or agreements, either
oral or written, with respect to the subject matter hereof.
e. Amendments; Waiver
This Agreement may be modified or changed in whole or in part in any manner
other than by an Agreement in writing duly signed by both parties hereto or by a
further electronic agreement presented by Pranas.NET and accepted by you.
Pranas.NET failure to insist upon or enforce strict performance of any provision
of this Agreement shall not be construed as a waiver of any provision or right.
f. Severability
The parties desire and intend that all of the provisions of this Agreement be
enforceable to the fullest extent permitted by law. If any provision of this
Agreement or the application thereof to any person or circumstances is, to any
extent, construed to be illegal, invalid or unenforceable, in whole or in part,
then such provision will be construed in a manner to permit its enforceability
under applicable law to the fullest extent permitted by law. In any case, the
remaining terms of this Agreement or the application thereof to any person or
circumstance, other than those that have been held illegal, invalid or
unenforceable, will remain in full force and effect.
g. Governing Law
This Agreement will be governed by the laws of the New York City. The exclusive
jurisdiction for any dispute will be state or federal courts sitting in the New
York City.
h. Export Controls
You acknowledge that portions of the Software may be of U.S. origin. You agree
to comply with all applicable U.S. and international laws governing export and
reexport of the Software, including the U.S. Export Administration Regulations,
as well as end-user, end-use and destination restrictions issued by U.S. and
other governments.
i. Language
This Agreement was originally prepared in the English language. Although
Pranas.NET may provide one or more translations for your convenience, the
English version will control in the case of any conflict or discrepancy.