Intronis End User License Agreement
READ THIS AGREEMENT CAREFULLY!
PRESSING START TRIAL, END USER (THE INDIVIDUAL, ENTITY, OR ENTITY THAT RECEIVES THE BENEFIT OF OR USES THIS
SOFTWARE) IS AGREEING TO BE BOUND BY THE AGREEMENT BELOW.
END USER DOES NOT AGREE, OR IF END USER CLICKS
DISAGREE, END USER MAY NOT INSTALL OR USE THE SOFTWARE.
agreement is between Online
Backup Solutions a
Massachusetts corporation (Provider) and the end user (End
User). The Provider's software, updates, documentation and license keys
provided to End User (Software) are licensed and are not sold.
Subject to the other terms of this agreement, Provider grants End User a limited
duration non-exclusive, non-transferable license, only in conjunction with the
Provider backup and recovery online service, to:
Restrictions. End User may not:
reserves all rights not expressly granted.
PAYMENT. The fees for the use of
this this Software are determined between the Provider authorized reseller and
the End User.
PROPRIETARY RIGHTS AND CONFIDENTIALITY.
Confidential Information means all Provider information that is disclosed to End User by
Provider (or reseller with respect to Provider), and includes, among other
things: all technical and business information relating to products or services
provided by Provider.
End User may disclose Confidential Information if
required by law, but it will attempt to provide notice to Provider in advance so
it may seek a protective order. End User acknowledges that any misuse of
Confidential Information may cause irreparable harm for which there is no
adequate remedy at law. Provider may seek immediate injunctive relief in such
DISCLAIMER PROVIDER DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT
LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. THE SOFTWARE MAY NOT BE ERROR FREE, AND USE MAY BE INTERRUPTED.
TERM and Termination. Either party may terminate this agreement with respect to the Software
only, upon notice to the other party. In addition, either party may terminate
this agreement upon a material breach of the other party after a 30 days
notice/cure period, if the breach is not cured during such time period. Upon
termination of this agreement or a license, End User must discontinue using the
Software, de-install and destroy or return the Software and all copies, within 5
days. Upon Provider' request, End
User will provide written certification of such compliance.
Annual SUPPORT. End User should contact the authorized Provider reseller for support services.
LIABILITY. There may be situations in
which, as a result of material breach or other liability, End User is entitled
to make a claim for damages against Provider. In each situation (regardless of
the form of the legal action (e.g. contract or tort claims)), Provider is not
responsible beyond the amount of any direct damages up to the amount paid by End
User to the authorized reseller for use of the Software within past 12 months.
In no circumstances is
Provider responsible for any (even if it knows of the possibility of such damage
GOVERNING LAW AND EXCLUSIVE FORUM. This
agreement is governed by the laws of the Commonwealth of Massachusetts, without
regard to conflict of law principles. Any
dispute arising out of or related to this agreement must be EXCLUSIVELY brought
in the state and federal courts for Suffolk County, MA. End User consents to the
personal jurisdiction of such courts and waives any claim that it is an
inconvenient forum. The prevailing party in
litigation is entitled to recover its attorneys' fees and costs from the other