License Agreement VersionBackup Master

2007-07-23

End User License Agreement - Software ‘VersionBackup Master’

Please read the following regulations carefully, before you install the software.

This license agreement is valid for the SB-AW software product ‘VersionBackup Master’. For other variants of the VersionBackup software, different license agreements are valid.

If you did not conclude a different license agreement with SB-AW or with a trader authorized by SB-AW, you declare your agreement with the regulations fixed in this document, when you install or use the ‘VersionBackup Master’-Software, perform the Product Activation or pass it to anyone else.

If you disagree to one of the regulations, which are fixed here, you may not install the ‘VersionBackup Master’ software, nor use it nor pass it to any other person or institution and if you already paid the license fee, you can claim a refund of that fee, if you did not have started the operation with this license. Further claims are excluded.

In such a case, any operation of ‘VersionBackup Master’ with your Register Number is prohibited. This is valid for any circumstance, any user and any computer, even for test purposes. Such an unauthorized operation with your Register Number will be a justification for legal actions by SB-AW.

License:
One license for the 'VersionBackup Master' software may be used only on one computer and for saving the data of only one computer. The number of persons using this computer is not of importance.

Therefore, it generally is prohibited to enter the same Register Number on different computers. Exception: If due to a special agreement between SB-AW and a customer, a volume license has been assigned, the customer may run a fixed number of computers with the same Register Number.

If you intend to use 'VersionBackup Master' in a network, you must purchase a license for each computer in the network, whose data shall bee saved. This is valid either if you install and run 'VersionBackup Master' on each computer individually or if you install and run it only on a central server, which fetches the backup data from the other computers.

You may use the 'VersionBackup Master' software free and without a Product Activation for a limited period for test purposes. This test period ends 30 days after the first operation of 'VersionBackup Master'.

After this, a Product Activation is mandatory. During the Product Activation, the Register Number has to be entered into the system. The Product Activation has to be done on the same computer, where VersionBackup Master will be used. Running VersionBackup Master on a different computer is not allowed.

You undertake to keep your Register Number confidential, so no one but you will be able to activate 'VersionBackup Master' with your Register Number. If it becomes known, that a 'VersionBackup Master' copy runs elsewhere with your Register Number, SB-AW is entitled to claim damages.

Furthermore, you may not modify this software or distribute only parts of it, nor may you permit anyone else to do this.

SB-AW and its licensors shall own and retain all right, title, and interest in and to the Software all copies or portions thereof, and any derivative works thereof (by whomever created). All rights in the Software not specifically granted in this agreement are reserved by SB-AW and its licensors.

It is not permitted to you to lease out or hire this software. It is not permitted to you to change, translate, decompile the software or perform reverse engineering. Nor it is permitted to dismantle the software or use it as a base for own products.

Technical Support:
SB-AW provides you free support when you have technical questions or problems. This free support is limited to two years after the purchase of the license. To make use of this support, you will send your question by e-mail to SB-AW. SB-AW will respond by e-mail according to the current state of knowledge. Your support claim ends, if there is no solution available with the current knowledge.

Any support claim will end when the effort for the already given support is higher than the total license fee, which you paid for VersionBackup Master. This is valid even if any harm occurred to you due to a fault caused by SB-AW (see chapter "Liability").

In addition, your support claim ends, if due to the estimation of SB-AW the reason of the disturbance is a general data access or data transmitting problem. Particularly, this will be valid if the system environment is heterogeneous or if there are general problems with the network or with the storage disk content.

The support claim due to the 'VersionBackup Master' licenses is limited to workstation operation. There will be no assistance to operate 'VersionBackup Master' on a Server or with the purpose to save the data of a Server. If you need support for Server operation, you must purchase at least one license for the software issue 'VersionBackup Server'.

Further restrictions for the free support: Your question must relate to the operation mode and functionality of 'VersionBackup Master', as it has been designed by SB-AW. Your question must relate to the newest version of 'VersionBackup Master', released by SB-AW. Your question must relate to computers, which are run with one of your licenses. The question and the answer will be written in English or German language.

Further support claims do not exist if they have not been arranged in a separate support contract.

Warranty:
As far as you have the possibility to test the 'VersionBackup Master' software before purchasing the license, you are obliged to perform this test with the necessary care, so you can decide, whether 'VersionBackup Master' meets your requirements. In this case, purchasing your license, you declare, that the currently available 'VersionBackup Master' software is working to your complete satisfaction.

It is not allowed buying a license in spite of your knowledge that VersionBackup Master does not run to your satisfaction on your system. According to items of non satisfactory operation, which are known to you before the license purchase, there will be no claim of improvements or technical assistance.

Even if, due to changes in your system, 'VersionBackup Master' will not work to your satisfaction in the future, SB-AW will not be obliged to make any improvements therefore.

Any warranty is limited to shortcomings, which affect the use, operating this software, significantly. Furthermore, it is a condition, that the shortcoming can be reproduced by an instruction, which is provided by you.

The warranty is limited to shortcomings, which are announced not longer than twelve months after the license purchase. Generally, shortcomings have to be announced to SB-AW within one week after appearance.

If a warranty act is justified, SB-AW decides, whether the software will be mended or the license fee will be refunded. If the mending fails or is impossible, you can claim a license fee refund. Further claims are excluded.

SB-AW may perform continued development of the VersionBackup Master software to its own discretion and in the extent of its own decision. SB-AW is not obliged to continue the development even if program errors or functional weak points become obvious.

On the other hand, you can not claim that functions from the software issue, which you have tested before the license purchase, will be present even in the successor issue.

Even if the new software issue released by SB-AW is completely unsuitable for your purposes, you can not claim a suitable successor issue. You declare your agreement that you will renounce the usage of the successor issue in this situation and continue using the former software issue. This is valid even if SB-AW will allow using the successor issue with your license and recommend the usage of the successor software issue expressly.

Liability:
During the total usage time, you are obliged to check the results of the operation of 'VersionBackup Master' regularly according to their correctness and completeness. It is your duty to verify the content and presence of all data on the storage media, of which the loss might result in any damage. The results of the operation of 'VersionBackup Master' are not under the liability of SB-AW.

You must archive those data to a permanent storage media, if you might need them even after a longer period.

SB-AW will never be liable for any harm or consecutive harm due to the use of 'VersionBackup Master' and for loss of profit, unless the harm is the result of intent or gross negligence by the staff of SB-AW.

You know and accept that all documentation and guidance texts from SB-AW may have errors. SB-AW can not be made liable for their contents. This concerns the help texts, which are part of the program, it concerns the user manual, furthermore all texts from SB-AW available in the internet and any individual response to your requests. If you do any modification of the data stock or of the computer configuration (the registry e.g.), you do this on your own risk. This is valid even if you proceed exactly in the way like it is advised by SB-AW.

SB-AW explicitly prohibits the usage of the ‘VersionBackup Master’ Software in applications or situations, where malfunction of the software can result in any physical harm or injury. In such cases, the use of this software generally is at the concerned person’s own risk.

You agree that SB-AW shall have no liability whatsoever for any use you make of the Software. You shall indemnify and hold harmless SB-AW from any third party claims, damages, liabilities, costs and fees (including reasonable attorney fees) arising from your use of the Software as well as from your failure to comply with any term of this Agreement.

‘VersionBackup Master’ itself does not perform virus search activities. During the production of ‘VersionBackup Master’ and its installation media, external software is used, which meets this duty, due to the statements of their producers.

Jurisdiction:
Any lawsuit from the usage of ‘VersionBackup Master’ and this license agreement shall be done in the competence of the Landgericht Muenchen I, Germany.
To the current agreement, only German Law is applicable.

Severability Clause:
If one or more than one of these determinations should be inoperative or incomplete due to the applicable law, the other regulations will remain active in spite of this. In such a case, the inoperative or incomplete terms will be replaced by the regulation of the applicable law, which matches best most to the ineffective term.

Copyright 2007
SB-AW (Schroeder-Bergen Anwendungen)
Dr. Eckart Schroeder-Bergen e.K.
Rotkehlchenweg 11
82223 Eichenau
Germany