SOFTWARE END USER LICENSE AGREEMENT (EULA)
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THIS SOFTWARE.
By installing and using SpeedyBackup (the "Software"), you hereby agree to the following terms and conditions.
- LICENSE - Subject to the terms and conditions of this Software End User License Agreement (EULA)(the "Agreement"), SpeedyPC Software grants you a limited, non-exclusive, non-transferable license to use or evaluate the Software in accordance with this Agreement and any other written agreement with SpeedyPC Software. You have purchased a license to use the Software. SpeedyPC Software does not transfer title of the Software to you. This Agreement is a legally binding agreement between SpeedyPC Software and you. If you do not agree to the terms and conditions of this Agreement, you are required to immediately stop installing or using this Software, you must immediately remove the Software and any documentation associated with it from your computer or device.
- DISTRIBUTION - Unless otherwise authorized herein, this Software, any accompanying documentation, and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for backup purposes only. To learn about redistribution of this Software, please contact SpeedyPC Software at: speedypc.com.
- USER AGREEMENT
- Free Trial Use – In some cases, you may evaluate this Software without purchasing a license (the "Free Trial Version") for a maximum number of days indicated and permitted by SpeedyPC Software, or you might have limited access to some of the features and functionality of the Software. After the free trial period has ended, you must purchase a license from SpeedyPC Software in order for the user to have access to all the features and functionality of the Software. We will no longer back up your files after the free trial if you have not purchased a license. Your files will be permanently deleted after a 15 calendar day grace period. For more information about purchasing a license to use the Software, please contact SpeedyPC Software at: speedypc.com.
- Activation of Software - After purchasing a license from SpeedyPC Software, you may be required to activate the Software through the Internet. The Software contains technological measures designed to prevent unlicensed use of the Software. These measures will be used to confirm you have a valid licensed copy of the Software. SpeedyPC Software does NOT collect any personally identifiable information from your computer location or workstation during this process.
- Distribution - The Free Trial Version of the Software may be freely distributed, provided that:
- Such distribution includes only the original Software supplied by SpeedyPC Software. You cannot alter, delete or add any files in the distribution Software or modify the Software in any way.
- The limited evaluation nature of this Evaluation Version Software is not misrepresented.
- No money is charged to the person receiving this Evaluation Version Software, beyond reasonable cost of packaging and other overhead, if applicable.
- You provide prior email or written notice to SpeedyPC Software that you are distributing this Evaluation Version and receive written confirmation of SpeedyPC Software's authorization for such distribution. If the Software is being distributed with other hardware, media or software, the prior written authorization of SpeedyPC Software is required. You may be required to report to SpeedyPC Software the number of units of this Evaluation Version Software distributed from time to time.
- Use -Your license to use this Software is limited to the number of licenses purchased by you and for a limited number of days. Upon the expiration of your license, you will need to renew and purchase another license. For information about purchasing or renewing licenses, contact SpeedyPC Software at: speedypc.com. You are only permitted to use the Software on computers and devices that have been registered to your Software account.
You shall not allow others to use, copy or evaluate copies of this licensed Software. Licenses and an Evaluation Version can be obtained from speedypc.com.
Your installation, use of the Software, and access or use of any services associated with the Software shall be at your sole discretion and risk. You acknowledge and agree that you are solely responsible for any damage to your computer systems or devices, any damage to any third party software that has been installed on your computer systems or devices, and any loss of user data as a result of your use of the Software or the use of any services associated with the Software.
Your files may not be available or recoverable if:
- The Software has not completed copying or syncing your files;
- For files, folders and drives that the Software does not automatically backup as stated in the Software documentation, you have not manually selected them for backup, or you have unselected certain data for backup;
- You delete user data and do not restore it within thirty (30) calendar days after deletion, or you remove a computer or device from your Software account;
- You move files, folders and other data to a location that is not automatically scanned by the Software in order to determine which files, folders, or drives have been selected for back up purposes, or you have upgraded your computer or device operating system, causing a change to the file mapping system;
- Your computer or device is unable to access the Internet or network service;
- The Software servers or its network service cannot connect with your computer or device;
- You do not follow the Software's technical requirements and recommendations, which include without limitation, upgrading to the latest version of the Software; or
- You terminate your license or fail to renew your Software subscription, or any subscription for services associated with the Software.
- Use Restrictions - You shall use the Software and any services associated with the Software in compliance with all applicable laws and not for any unlawful purpose. You are not permitted to:
- Copy, upload, share or download files unless you have the rights to do so. Files and other content in the Software may be protected by the intellectual property rights of others and/or applicable copyright laws. You are fully responsible and liable for any content that you copy, share, upload, download or use in anyway with the Software.
- Copy, upload, share or download files containing commercial movies or television programs, which may include commercial movies and television series, specials or programming regardless of whether or not you are permitted to use such files, movies or programs.
- Upload spyware, viruses or other malicious software through the Software.
- Test, scan or probe the vulnerability of any system or network.
- Attempt to access or tamper with non-public areas of the Software or any service associated with the Software, shared areas of any associated service you have not been invited to, or any computer system that is associated with the Software and any applicable service(s).
- Try to disrupt or interfere with any user, network or host by sending malicious programs, overloading, flooding, mail-bombing or spamming any part of the Software or any service associated with the Software.
- Access, search or scrape the Software or any service associated with the Software by any means other than those available from its interfaces.
- Publish anything that is fraudulent, misleading or infringes on any third party’s rights, or promote or advertise products or services other than your own products or services without the prior written authorization of SpeedyPC Software.
- Share or publish materials that are unlawful, pornographic, indecent, or advocate bigotry, religious or ethnic hatred.
- Violate any applicable laws, rules or regulations in any way, or defame others or invade the privacy of others.
For the purposes of this Agreement, "use" of the Software means that you have loaded, installed, or run the Software, and any services associated with the Software, on a computer or device. If you install the Software onto a multi-user platform, server or network, each and every individual user of the Software must be licensed separately in order to access all the features and functionality of the Software. Others may not use or install your licensed copy of this Software. The assignment, sublicense, networking, sale, or distributions of copies of this licensed Software are strictly forbidden without the prior written consent of SpeedyPC Software. It is a violation of this Agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of this licensed Software. If any person other than yourself uses the Software registered in your name on another computer location, workstation or device, regardless of whether it is at the same time or at different times, then this Agreement is being violated. You are responsible for that violation.
On any notice of violation of the terms of this agreement, SpeedyPC Software may immediately, and without notice to you, terminate or suspend your access to and use of the Software and any service associated with the Software.
- User General Responsibilities -
SpeedyPC Software is not responsible for protecting and maintaining your files – you are. Under no circumstance shall SpeedyPC Software be liable to you for the corruption of or loss of any files, nor shall SpeedyPC Software be liable to you for any cost or expenses relating to backing up or restoring any or all of your files.
If your contact information or any other data related to your Software account changes, it is your responsibility to notify SpeedyPC Software promptly.
At all times, you must run the Software on any computer or device that is being backed up.
You are required to safeguard your Software password and agree not to share it with any third party. You are responsible for any and all activity related to your account, even if you have not authorized such activity. If you become aware of any unauthorized access or use of your Software account, you must notify SpeedyPC Software immediately.
You are solely responsible and liable for any and all third party charges, costs and expenses that may arise from your use of the Software and any services associated with the Software which may include, without limitation, third party service provider data charges.
- Limitations -
In order to use the Software and any services associated with the Software, you must create an account using a valid email address.
The Software is not intended to be used for archiving purposes. An original copy of the backed up data or file must be kept in the original location on the computer or device where the Software is installed. Deleting or moving files from the computer or device where the Software is installed will remove the corresponding backed up file from the Software servers. The Software does not currently support use with NAS storage devices.
- Copyright Restriction - This Software contains copyrighted material, trade secrets, and other proprietary material. You are not allowed to, and shall not attempt to either directly or indirectly, modify, reverse engineer, disassemble or decompile this Software. Nor are you permitted to create any derivative works or other works that are based upon or derived from the Software in whole or in part.
The name and logo of the Software and SpeedyPC Software, and any graphic files that represent the Software or SpeedyPC Software, shall not be used in any way unless otherwise authorized herein. SpeedyPC Software retains sole and exclusive ownership of all right, title and interest in and to the Software and all intellectual property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of this Software. No program, code, part, image, or text may be copied or used in any way by you except as permitted within the bounds of this Agreement. All rights not expressly granted hereunder are reserved for SpeedyPC Software. The Software is to be used for personal use only. Businesses interested in using the Software should contact SpeedyPC Software.
- Limitation of Responsibility - You will indemnify, hold harmless, and defend SpeedyPC Software its employees, officers, directors, agents and distributors against any and all claims, proceedings, demands and costs resulting from or in any way connected with your use of the Software. In no event (including, without limitation, in the event of negligence) will SpeedyPC Software, its employees, officers, directors, agents or distributors be liable to you for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, the Software or the use or inability to use this Software or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence. Under no circumstance will SpeedyPC Software’s entire liability to you under this Agreement exceed the amount of fifty dollars ($US 50.00). Upon the termination of your license to use the Software, you must uninstall and remove the Software from your computer or device. If you purchased the Software through a reseller, distributor, retailer, or any other third party, you need to request a refund directly from such parties. Software programs developed and offered by SpeedyPC Software are not intended for use in the operation of communication systems, aircraft navigation, air traffic control systems, nuclear facilities, life support machines or other equipment where the failure of the Software could lead to personal injury, death or severe physical or environmental damage.
SpeedyPC Software does not warrant that the Software or any services associated with the Software will meet your requirements, or that the operation of the Software or any services associated with the Software will be uninterrupted or error free, that the defects in the Software or any services associated with the Software will be corrected, or that the encryption algorithms, associated keys and other security measures will be effective or secure. You acknowledge and agree that no written or oral communication, information, or advice provided by SpeedyPC Software or its partners whether express or implied will create any additional representations and warranties, or increases SpeedyPC Software’s obligations or liability in any way.
- Warranties - The Software and any services associated with the Software are being provided to you on an "AS IS" and "AS AVAILABLE" basis. You acknowledge and agree that no written or oral communication, information, or advice provided by SpeedyPC Software or its partners whether express or implied will create any additional representations and warranties, or increases SpeedyPC Software’s obligations or liability in any way. Except as expressly stated in writing by an authorized employee of SpeedyPC Software, or unless otherwise stated herein, SpeedyPC Software makes no representation or warranties in respect of the Software, or any services associated with the Software, and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
- Governing Law - This Agreement shall be governed exclusively by the laws of the Province of British Columbia and the laws of Canada applicable therein except any principles regarding conflicts of law rules and the United Nations Convention on Contracts for the International Sale of Goods. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Victoria, British Columbia, and any competent Courts of Appeal therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this Agreement and not affect the validity and enforceability of any other provisions.
- Termination – Upon termination of the Software license granted to you herein, you agree to immediately cease use of the Software and destroy all copies of the Software supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
- CONSENT TO USE OF DATA - You agree that by installing and using the Software, SpeedyPC Software may use the information that is collected and transmitted through the Software or any services associated with the Software, in any manner, as part of the product support services provided to you, if any, related to the Software installed on your computer or device. Such information collected may include without limitation IP address, and information derived from the operating system configuration and hardware configuration of the computer or device. THE SOFTWARE WILL NOT COLLECT ANY PERSONALLY IDENTIFIABLE INFORMATION FROM YOUR COMPUTER LOCATION OR WORKSTATION, OR DEVICE DURING THIS PROCESS NOR WILL SPEEDYPC SOFTWARE USE ANY DATA FILES THAT HAVE BEEN BACKED UP THROUGH THE SOFTWARE AND HELD IN YOUR SOFTWARE ACCOUNT.
- SOFTWARE VERIFICATION AND UPDATES - By installing and using the Software, you further acknowledge and agree that SpeedyPC Software may automatically check the version and licensing state of the Software that you have installed in order to determine if any Software updates, upgrades, or fixes are available, and/or to verify your license to use the Software. This process is performed through the Software which contains components that facilitate the use of certain Internet based services. If updates are available for the Software, the Software may automatically download and install the applicable Software updates without further notice to you. If there are any modifications to the terms and conditions of the Software EULA at the time of the update, you will be notified and will be required to review and accept the terms and conditions of the modified and updated EULA prior to the installation of any Software updates. Your continued use of any updated Software constitutes your acceptance of any updated terms and conditions of the Software EULA.
- INTELLECTUAL PROPERTY RIGHTS - All third party software product names and company names used in the Software are for identification purposes only and may be trademarks or registered trademarks of their respective owners. SpeedyPC Software is in no way affiliated with or representing any of the companies identified and displayed in this Software, unless otherwise indicated.
SpeedyBackup is a registered trademark of SpeedyPC Software.