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- Red Paw Systems End User License Agreement and Licensing Policy -


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The Red Paw Systems offers complete individual and corporate licensing agreements. Unless otherwise notes in a Red Paw General Licensing Agreement, the following End User License Agreement (EULA) applies to all Red Paw software, software modules, individual utility programs, and trademarked Red Paw software:

BackupBox License Agreement

End User License Agreement

This is a software license agreement between Red Paw Systems Inc. and you, as purchaser, for the use of the BackupBox software programs, including the help file and any accompanying documentation. By using these programs, you indicate that you accept all terms of this agreement. If you do not agree to all the terms and conditions of this agreement, do not use the programs, help file or any accompanying documentation, but delete them from your computer and contact Red Paw Systems Inc. for refund information.

Grant of License

In consideration of payment of the license fee, which is part of the price you paid for the BackupBox software, Red Paw Systems Inc., as licensor, grants to you the right to use the enclosed programs to backup a single personal computer using the BackupBox hardware and software unless the BackupBox product you have purchased is for multiple PCs, subject to the terms and restrictions set forth in this license agreement.

Copy, Use and Transfer Restrictions

The programs, help file and any accompanying documentation are copyrighted. You may not give, sell, rent or otherwise distribute copies of the program or its content to third parties, except as provided under the U.S. Copyright Act.

Commercial Use of This Product
For information regarding commercial licensing of this product, including use by educational institutions and nonprofit organizations, call Red Paw Systems Inc. at (866) 733-7299.

Disclaimer of Warranty and Limited Warranty

THESE PROGRAMS, HELP FILE, AND ANY ACCOMPANYING DOCUMENTATION ARE SOLD "AS IS," WITHOUT ANY IMPLIED OR EXPRESS WARRANTY AS TO THEIR PERFORMANCE OR TO THE RESULTS THAT MAY BE OBTAINED BY USING THE PROGRAM. AS TO THE ORIGINAL PURCHASER ONLY, RED PAW SYSTEMS INC. WARRANTS THAT THE DOWNLOAD FILE OR THE DISC ON WHICH THE PROGRAM IS RECORDED SHALL BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP IN NORMAL USE AND SERVICE. IF A DEFECT IN THE DOWNLOAD FILE OR DISC OCCURS, YOU MAY CONTACT RED PAW SYSTEMS INC. FOR REPLACEMENT INFORMATION. IN THE EVENT OF A DEFECT, YOUR EXCLUSIVE REMEDY IS EXPRESSLY LIMITED TO REPLACEMENT OF THE DOWNLOAD FILE OR DISC.

User Responsibility

The backups you create using the BackupBox programs rely on you to have taken all reasonable precautions to insure the integrity of the data to be backed up prior to using the BackupBox programs. “All reasonable precautions” implies the regular use of anti-virus and anti-spyware software to protect your data from unsolicited attacks by computer viruses, WORMS, trojans and/or similar malicious software.

By accepting the terms of this License, you agree to allow Red Paw Systems Inc. to perform automatic updates to the BackupBox software installed on your personal computer and further grant permission to Red Paw Systems Inc. to collect hard drive statistics relative to the size of the drive, types of files, frequency of backups, and other statistics deemed necessary, and to perform certain remote diagnostics with the understanding that this information will be used only to monitor your hard drive's health and alert you to any potential hard drive problems.

Limitation of Liability and Damages

Understanding the limitations of the program as set out above, the entire liability of Red Paw Systems Inc. or their representatives, for any reason, shall be limited to the amount you paid to Red Paw Systems Inc. or to an authorized retailer for the software programs. To the maximum extent permitted by applicable law, Red Paw Systems Inc. and their representatives will not be liable to you for any indirect, special, incidental or consequential damages (including but not limited to damages for loss of business, loss of profits and the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if Red Paw Systems Inc. has been advised of the possibility of such damages, and even if a remedy set forth herein is found to have failed of its essential purpose. Red Paw Systems Inc.'s and their representatives' total liability to you for actual damages for any cause whatsoever will be limited to the amount paid by you for the Backup Box and/or BackupBox software programs. Some states do not allow the limitation and/or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Term

The license is in effect until terminated. You may terminate it at any time by deleting the programs together with all copies and modifications in any form, and destroying the disc or deleting the download file. Red Paw Systems Inc. shall have the right to change or add to the terms of this agreement at any time, and to change, discontinue or impose conditions on any aspect or feature of the programs. Any such change will be effective upon notification to you by any means reasonable to give you actual or constructive notice, including by posting such terms in the programs themselves, and your continued use of the programs will indicate your agreement to any such change.

Entire Agreement

By using the programs, you agree that this license is the complete and exclusive statement of the agreement between you and Red Paw Systems Inc. regarding BackupBox software programs. However, this agreement does not limit any rights that Red Paw Systems Inc. may have under trade secret, copyright, patent, trademark or other laws. If any provision of this agreement is found to be invalid or unenforceable under applicable law, then any remaining provisions will continue in full force and effect. No delay or failure on the part of Red Paw Systems Inc. to exercise any of its rights under the agreement, or under law, shall be construed as a waiver of those rights.

Privacy Policy Statement

Red Paw Systems Inc.'s privacy policy statement is included in the BackupBox installation program. It is also posted on our website, www.redpawsystems.com

Tuesday, March 18, 2008 16:48

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