Qual-IT Backup, Qual-IT One Touch Backup, Q-Backup - All versions ©2004, 2005, 2006 - Qual-IT // www.qualit-uk.com/backup ================================================================= End User License Agreement Summary: ======== You are responsible for your Backup. You are responsible for checking the Backup operation. Qual-IT will in no event be liable for any loss of data, productivity or any other kind of incident arising from the use or misuse of our product(s) and their accompanying hardware and documentation. Legal: ====== IMPORTANT- PLEASE READ CAREFULLY: This Qual-IT End User License Agreement ("EULA") is a legal agreement between you the End User (whether an individual or a recognized legal entity) (the "LICENSEE") and Qual-IT for the Qual-IT software accompanying this EULA, which includes computer software, computer hardware and may include associated media, and "online" or electronic documentation ("SOFTWARE PRODUCT" or "SOFTWARE"). The term herin "SOFTWARE PRODUCT" refers to the Qual-IT Backup system and all of it's accompanying hardware and documentation. By exercising your rights to use the SOFTWARE PRODUCT, the LICENSEE agrees to be bound by the terms of this EULA. If the LICENSEE does not agree to the terms of this EULA, the LICENSEE may not use the SOFTWARE PRODUCT. Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is licensed, not sold. Qual-IT remains at all times the owner of the Software. You are granted a license to use it. 1) GRANT OF LICENSE. This EULA grants the LICENSEE the following permissions: Installation and Use. The LICENSEE is granted permission to use one registered copy of the licensed SOFTWARE on one single computer. From this computer you may back up many other computers via a network but you cannot move, modify or transfer our software from the original machine it was installed to. This includes running our software on two computers. For this you must purchase an additional license. A separate, additional license is required for each new "site" or computer that you install our software onto. 2) REPRODUCTION AND DISTRIBUTION. The LICENSEE MUST NOT reproduce, distribute or make any copies of this SOFTWARE, or any of the accompanying material, for any purpose, except for making ONE copy for the LICENSEE'S own use - for backup purposes only. 3) DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. a. Limitations on Reverse Engineering, Decompilation, and Disassembly. The LICENSEE may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT. The LICENSEE may not modify any of the open code that makes up this software product. c. Software Transfer. The rights granted under this EULA are personal to the LICENSEE only and are integral to the LICENSEE'S continued usage of the SOFTWARE PRODUCT. The LICENSEE may not transfer, assign, sub-license or re-sell all or any of the rights granted under this EULA. d. Termination. Without prejudice to any other rights, Qual-IT may terminate this EULA if the LICENSEE fails to comply with the terms and conditions of this EULA. In such event, the LICENSEE must destroy ALL copies of the SOFTWARE PRODUCT and ALL of it's component parts. Where required by Qual-IT, the LICENSEE shall do all such things and acts, including but not limited to, signing a statutory declaration or affidavit verifying that the LICENSEE has destroyed ALL copies of the SOFTWARE PRODUCT and ALL of it's components in accordance with Qual-IT's requirements following the termination of this EULA. 4) COPYRIGHT. All title to and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), and any copies of the SOFTWARE PRODUCT are owned by Qual-IT. Copyright laws and international treaty provisions protect the SOFTWARE PRODUCT. Therefore, the LICENSEE must treat the SOFTWARE PRODUCT like any other Copyrighted material. 5) LIMITED WARRANTY. a. NO WARRANTIES. The LICENSEE acknowledges that it has purchased the SOFTWARE PRODUCT "as is" and based upon the LICENSEE'S own knowledge, own requirements and needs, and not based upon any representation or warranty of Qual-IT. Qual-IT expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT 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 PRODUCT remains with the LICENSEE. b. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall Qual-IT be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this Qual-IT product, even if Qual-IT has been advised of the possibility of such damages prior to the purchase of the SOFTWARE PRODUCT by the LICENSEE. 6) JURISDICTION. The LICENSEE acknowledges and agrees that this EULA is entered into in England and is thereby governed by the Laws of England. The LICENSEE and Qual-IT submit to the jurisdiction of the Courts of England.