YOU ACKNOWLEDGE THAT YOU HAVE READ THE FOLLOWING LICENSE
AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT
OF THE AGREEMENT BETWEEN US WHICH SUPERSEDES ANY PROPOSAL OR PRIOR
AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US
RELATING TO THE SUBJECT MATTER OF THIS LICENSE AGREEMENT.
BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE PRODUCT(S) IDENTIFIED
ABOVE INCLUDING ANY ACCOMPANYING ELECTRONIC DOCUMENTATION (TOGETHER,
THE "SOFTWARE"), YOU INDICATE YOUR ACCEPTANCE OF THIS
LICENSE AGREEMENT ("LICENSE AGREEMENT"). IF YOU DO NOT
AGREE TO THE TERMS AND CONDITIONS HEREIN, YOU SHOULD NOT CONTINUE
WITH THE DOWNLOAD/INSTALLATION PROCESS.
PLEASE NOTE THAT YOU MAY NOT USE, COPY, MODIFY OR TRANSFER THE
SOFTWARE OR ANY COPY, EXCEPT AS EXPRESSLY PROVIDED IN THIS LICENSE
AGREEMENT.
This License Agreement is between Pro Softnet,
Inc., including its affiliates ("IBackup Professional: http://www.ibackup.com/professional"),
and you (AS THE "LICENSEE."), the person or entity downloading
and/or using the Software. This License Agreement sets forth terms
and conditions applicable to your use of the Software.
The Software is licensed,
not sold, to you. The term "Software" shall also include
any future versions and updates of the Software licensed to you
by Pro Softnet Corp. subject to the terms of this License Agreement.
Except as expressly permitted
by this License Agreement, you hereby acknowledge and agree that:
(1) you will not modify or translate the Software, except that you
may configure the Software using the menus, options and tools provided
for such purposes and contained in the Software; (2) you will not
copy the Software except as permitted in the paragraph labeled COPYRIGHT;
(3) you will not in any way reverse engineer, disassemble or decompile
the Software or any portion thereof except to the extent and for
the express purposes authorized by applicable law not withstanding
this limitation; (4) you will not transmit, or provide access to,
the Software over a network except as required by the Software's
primary functions (5) you will not sub license, assign, rent, sell,
lease, distribute or otherwise transfer the Software or any of the
rights granted by this License Agreement. You may, however, physically
transfer the Software from one computer to another provided that
you do not retain any copies of the Software on the prior computer
except as authorized in the permitted use table; (6) you will not
avoid, or attempt to avoid, any applicable time limitation; (7)
you will not release the results of any performance or functional
evaluation of the Software to any third party without prior written
approval of Pro Softnet Corp. for each such release; and (8) you
will not use Pro Softnet Corp.'s name or refer to Pro Softnet Corp.
directly or indirectly in any papers, articles, advertisements,
sales presentations, news releases or releases to any third party
without the prior written approval of Pro Softnet Corp. for each
such use. If you wish to develop an interface to the Software or
merge the Software with any other software, you shall inform Pro Softnet
Corp. and Pro Softnet Corp., at its option, and possibly for a fee,
may provide you with information sufficient to enable interoperability
between the Software and such other software or products.
The Software is copyrighted
by Pro Softnet Corp. and/or its suppliers. You may not copy the
Software except to provide a backup copy and to load the Software
into the computer as part of executing the Software. Solely with
respect to electronic documentation included with the Software,
you may make an unlimited number of copies (either in hardcopy or
electronic form), provided that such copies shall be used only for
internal purposes and are not republished or distributed to any
third party. Any and all other copies of the Software and/or the
documentation made by you are in violation of this License Agreement.
You agree
that Pro Softnet Corp. and/or its suppliers retain all right, title
and interest in and to the Software and all copies at all times,
regardless of the form or media or on which the original or other
copies may subsequently exist. You agree that you neither own nor
hereby acquire any claim or right of ownership to the Software or
to any related patents, copyrights, trademarks or other intellectual
property. You agree to use your best efforts to prevent and protect
the contents of the Software from unauthorized disclosure or use.
Pro Softnet Corp. and/or its suppliers reserve all rights not expressly
granted to you. Pro Softnet Corp.'s suppliers are the intended third
party beneficiaries of this License Agreement and have the express
right to rely upon and directly enforce the terms set forth herein.
Any content or information accessed through the Software is the
property of the applicable content/information owner and may be
protected by applicable copyright law. This License Agreement gives
you no rights to such content or information.
Subject to Pro Softnet's acceptance of Your registration and Your
compliance with the terms and conditions of this Agreement, Pro
Softnet will provide You with the following service (the "Basic
Service") : (a) Pro Softnet will establish one (1) online storage
and online backup account in Your name on the Pro Softnet servers
(the "Account"); (b) Pro Softnet will initially allow
you to store up to a total of 4096 megabytes of data files in your
Account on a trial basis for 15 days if the trial option is chosen,
or will allow you to store up to a limit higher than the trial offer
depending on the user's choice among the provided storage options
for a subscription fee; and (c) Pro Softnet will allow You to retrieve
data files from Your Account.(d) In Your use of the Service, you
are responsible for providing the following: (i) all equipment,
such as a computer and modem, necessary to access the World Wide
Web; (ii) Your own access to the World Wide Web; and (iii) payment
of all telephone or other fees associated with such access. Please
note IBackup Professional provides an extensive range of services.
It is possible that one or more of these services may not be available
at certain times. Please see the home page to get current status
on the services.
You are solely responsible for the content of all data You store
or retrieve from, or attempt to store or retrieve from, Your Account
and the Public Folders and for all transmissions by You from and
to Your Account. Your use of the Service is subject to all applicable
local, state, national and international laws and regulations. You
will: (a) not use the Service for any illegal purposes; (b) not
use the Service to store, retrieve, transmit or view any file, data,
image or program that contains: (i) any illegal pictures, materials
or information; (ii) any harassing, libelous, abusive, threatening,
harmful, vulgar, pornographic, obscene or otherwise objectionable
material of any kind or nature; (iii) any material that encourages
conduct that could constitute a criminal offense, give rise to civil
liability or otherwise violate any applicable local, state, national
or international law or regulation; (iv) any code or material that
violates the intellectual property rights of others; (v) any Windows
temporary files of any kind (including, without limitation, any
*.p or ~*.* files); or (vi) any viruses, worms, "Trojan horses"
or any other similar contaminating or destructive features; (c)
comply with United States and other applicable law regarding the
exportation and re-exportation of any data or other materials from
the United States or other jurisdictions through the Service; (d)
not use the Service for any spamming, chain letters or other use
that may otherwise disrupt the Service or the networks through which
You access and use the Service; (e) comply with all regulations,
policies and procedures of networks through which You access and
use the Service; and (f) not access or attempt to access any Service
account for which You have no access authorization or duplicate,
modify, distribute or display any of the data or files from any
such account.(g) not use sharing features in a way that amounts
to 'publishing' and restrict the use of sharing features to share
data between friends, colleagues and business partners, in a very
limited sense. (h) IBackup Professional service should not be used
to sell digital content to others. It is not a media for dissemination
of digital content for commercial purposes. IBackup Professional
may use automated procedures to detect unacceptable level of usage
and may immediately disable offending accounts, and the process
of detection may vary from time to time, based on misuse detected.
IBackup Professional is NOT a service for storing and disseminating
large amounts of data to large number of recipients. It is an Online
backup and storage service. IBackup Professional is not responsible
for any business interruptions that may be caused due to this process.
You will promptly notify Pro Softnet
of any change in the information You provide on Your registration
form during Your registration for the Service (including, without
limitation, any change in Your mailing address, telephone numbers
or email address). The registration information provided by You
on Your registration form during Your registration for the Service,
together with any and all updates provided by You from time to time
under this paragraph, is referred to in this Agreement as the "Registration
Information. Pro Softnet's policy regarding the privacy and use
of the Registration Information is set forth in Pro Softnet's privacy
policy, as the same may be modified and amended by Pro Softnet from
time to time (the "Privacy Policy"). When You accept this
Agreement, You acknowledge that You agree to the terms of the Privacy
Policy.
You authorize a recurring monthly or annual charge to your credit
card in exchange for use of the IBackup Professional service as
indicated by published standard plans or a customized quote provided
for your specific use. You also agree that the enrollment for the
next service period is automatic. Please note that refunds on a
pro-rated basis are issued only for monthly plans. When yearly subscriptions
are cancelled before the subscriptions end, refunds are issued based
on a prorated calculation of the subscription charges at the monthly
rate for the plan, for the actual number of days the account was
subscribed(the number of days between the most recent yearly charges
and the cancellation date). If the calculated refund amount exceeds
the yearly subscription rate, then no refund is issued.
IBackup Professional will not issue any prorated refunds for the
remaining period during the month when an account with a monthly
subscription plan ("current plan") is downgraded to a
smaller plan ("new plan") (a plan that costs less per
month than the current plan) during the middle of a month. However
the rate applicable to the new plan will automatically be charged
starting the first of the subsequent month.
IBackup Professional allows use of the storage space beyond the specified plan limit chosen by the user. This is designed to allow for uninterrupted backups, in case the usage exceeds the quota limits. The overuse charge may be applied for the overused storage at the rate of $2/GB/Month. This rate may change without notice. If we are unable to execute overuse charges due to credit card denial or for whatever reasons, the user will be notified via email. In case of non-action by the user, the account may be cancelled.
An IP address is a number that's automatically assigned to your
computer whenever you're surfing the Web. IBackup Professional may
collect IP addresses for the purposes of system administration,
to audit the use of our site. We can and will use IP addresses to
identify a user when we feel it is necessary to enforce compliance
with our house rules or terms of service or to protect our service,
site, customers, or others. Some services and emails sent from IBackup
Professional, such as registration related, may display IP addresses
along with the message.
IBackup Professional may offer trial
accounts that require users to provide credit card information which
may be used to convert the trial to a paid account at the end of
free trial period. If the card transaction fails at the end of free
trial period, an email would be sent to the user requesting the
user to upgrade the account manually online. In such a case, if
the user fails to upgrade to a paid account before end of free trial,
account may be terminated.
After You accept this Agreement and Your registration has been accepted by Pro Softnet, You will receive a confirmation by email that your Account has been established. You are solely responsible
for any consequences arising out of Your failure to maintain the
confidentiality of Your Password/encryption password. You will notify
Pro Softnet of any unauthorized use or other breach in security
of Your Account immediately after You learn of the same.
IBackup Professional enforces encryption of data on storage with a user defined key known only to the user and no one else. Even the IBackup professional personnel do not have access to this key as it is not stored on the IBackup Professional servers. It is very important that you store this key in a safe place and maintain this key in printed form for easier reference. Any data backed up using IBackup Professional can only be retrieved using this key and if you forget or misplace this key then your data may not be retrievable.
If you are installing the IBackup Professional application on a fresh machine, please re-enter the encryption password key correctly. IF YOU ENTER AN INCORRECT ENCRYPTION PASSWORD KEY, YOUR DATA WILL NOT BE RETRIEVED CORRECTLY.
Pro Softnet will endeavor to restrict access to the
data and files You store or retrieve from Your Account to persons
accessing such data and files through use of Your Account or Password.
However, no password-protected system of data storage and retrieval
can be made entirely impenetrable. Accordingly, You hereby acknowledge
that it may be possible for an unauthorized third party to access,
view, copy, modify and distribute the data and files You store in
Your Account.
You are solely responsible for (a) obtaining sufficient
rights to the content of all data and files stored by You on Pro
Softnet's servers and (b) ensuring that such content does not include
any of the items listed in paragraph 2(b) above. Pro Softnet normally
does not review, inspect, edit or monitor any content, data or files
stored by You or any other user of the Service, including, without
limitation, for viruses, worms, "Trojan horses" or any
other similar contaminating or destructive features. However, if
Pro Softnet has suspicion that an account is being used for storage
and distribution of any illegal material such as copy-righted content,
Pro Softnet reserves the right to examine the content of the online
storage and backup account. Pro Softnet reserves the right to refuse,
remove or disable access to any data or files stored on Pro Softnet's
servers with immediate effect that Pro Softnet learns may be illegal,
may violate the terms of paragraph 2 above, may violate the rights
of any third party or otherwise may be reasonably objectionable.
IBackup Professional may maintain regular backups of data to recover from any software/hardware failures. However, the most important step for a reliable backup is at the user end; user is expected to view and verify the logs periodically to insure that the backups do take place successfully, and take necessary corrective action if there are errors. User is also expected to periodically upgrade the backup client to the most recent version for improved reliability of backups.
YOUR USE OF YOUR ACCOUNT AND THE SERVICE IS AT YOUR SOLE RISK. YOUR
ACCOUNT AND THE SERVICE IS PROVIDED TO YOU ON AN "AS IS"
AND "AS AVAILABLE" BASIS. PRO SOFTNET, ON BEHALF OF ITSELF
AND ITS DISTRIBUTORS, ADVERTISERS AND SUPPLIERS, DISCLAIMS ALL WARRANTIES
AND CONDITIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE,
WITH RESPECT TO YOUR ACCOUNT AND THE SERVICE (INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT). PLEASE NOTE THAT YOUR
ACCOUNT AND THE SERVICE MAY NOT MEET YOUR NEEDS. PRO SOFTNET MAKES
NO REPRESENTATION OR WARRANTY: (A) THAT YOUR ACCOUNT OR THE SERVICE
WILL MEET YOUR NEEDS; (B) THAT ACCESS TO YOUR ACCOUNT OR THE SERVICE
WILL BE TIMELY, ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE;
(C) THAT THE DATA AND FILES YOU STORE IN YOUR ACCOUNT WILL NOT BE
LOST OR DAMAGED; (D) THAT THE DATA ON YOUR DESKTOP OR SERVER WILL
NOT BE LOST OR DAMAGED; OR (E) THAT DEFECTS IN THE SERVICE WILL
BE CORRECTED. YOU ACKNOWLEDGE THAT ANY MATERIAL OR DATA YOU RETRIEVE
THROUGH THE USE OF THE SERVICE IS DONE AT YOUR CHOICE AND RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE RETRIEVAL OF SUCH MATERIAL
OR DATA.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND
UNDER NO LEGAL THEORY SHALL Pro Softnet CORP., ITS DISTRIBUTORS
AND SUPPLIERS, OR ANY OTHER PERSON WHO HAS BEEN INVOLVED IN THE
CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE BE LIABLE TO YOU
OR ANY OTHER PERSON FOR ANY GENERAL, DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, COVER OR OTHER DAMAGES OF ANY CHARACTER
ARISING OUT OF THIS LICENSE AGREEMENT OR THE USE OF OR INABILITY
TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY,
LOSS OF DATA, LOSS OF PROFITS, DATA OR OUTPUT FROM THE SOFTWARE
BEING RENDERED INACCURATE, FAILURE OF THE SOFTWARE TO OPERATE WITH
ANY OTHER PROGRAMS, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION,
COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR
LOSSES OF WHATEVER NATURE, EVEN IF Pro Softnet CORP. HAS BEEN INFORMED
OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES/JURISDICTIONS DO
NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY
TO YOU.
The Product supports certain cryptographic and authentication features,
including but not limited to Secure Sockets Layer communications,
that may require the installation and/or use of a digital certificate.
Digital certificates are issued, validated, and revoked by third-party
certification authorities ("CAs") over which Licensor
has no control. Licensee is solely responsible for familiarizing
itself with the terms and conditions established by a CA for the
use of, or reliance upon, its digital certificates, including but
not limited to any obligation of Licensee to validate a digital
certificate, maintain the security of a cryptographic key or password,
or pay fees for certification services. Pro Softnet Corp. has preloaded
digital certificates of certain CAs into the Product in order to
facilitate the recognition of digital certificates that such CAs
have issued to persons, organizations, or devices. LICENSEE IS SOLELY
RESPONSIBLE FOR ANY DECISION TO USE OR RELY UPON A DIGITAL CERTIFICATE,
INCLUDING THOSE DIGITAL CERTIFICATES THAT Pro Softnet Corp. HAS
PRELOADED INTO THE PRODUCT. Pro Softnet Corp. BEARS NO RESPONSIBILITY
FOR THE VALIDITY OR ACCURACY OF ANY DIGITAL CERTIFICATE, OR FOR
THE SECURITY OR INTEGRITY OF ANY COMMUNICATION AUTHENTICATED BY
A DIGITAL CERTIFICATE.
This
Software is subject to export control. The Software may be transmitted,
exported, or re-exported only under applicable export laws and restrictions
and regulations of the United States Bureau of Export Administration
or foreign agencies or authorities. By downloading or using the
Software, you are agreeing to comply with export controls.
The Software may not be downloaded or otherwise exported or re-exported
to any country subject to U.S. trade sanctions governing the Software,
sanctioned countries including Cuba, Iran, Iraq, Libya, North Korea,
Sudan and Syria, or by citizens or residents of such countries except
citizens who are lawful permanent residents of countries not subject
to such sanctions, or by anyone on the US Treasury Department's
list of Specially Designated Nationals and Blocked Persons or the
US Commerce Department's Table of Denial Orders.
You
will defend, indemnify and hold Pro Softnet, its parents, subsidiaries,
affiliates, agents, officers, directors and employees, harmless
from any claim or demand, including reasonable attorneys' fees and
costs, made by any third party due to or arising out of (a) Your
use of Your Account and the Service, (b) any data files and content
stored by You in Your Account and otherwise on the Pro Softnet servers
and (c) any violation of this Agreement by You.
Pro Softnet
Corp. is under no obligation to develop, maintain or market the
Software. Future versions of the Software, if any, may not be compatible
with the current release of the Software.
Any comments
or materials sent to Pro Softnet Corp. including feedback data,
such as questions, comments, suggestions, or the like regarding
the Software (collectively "Feedback"), shall be deemed
to be non-confidential. Pro Softnet Corp. shall have no obligation
of any kind with respect to such Feedback and shall be free to reproduce,
use, disclose, exhibit, display, transform, create derivative works
and distribute the Feedback to others without limitation. Further,
Pro Softnet Corp. shall be free to use any ideas, concepts, know-how
or techniques contained in such Feedback for any purpose whatsoever,
including but not limited to developing, manufacturing and marketing
products incorporating such Feedback.
If the Software is downloaded or installed for or on behalf of the
United States of America, its agencies and/or instrumentalities
("US Government"), the Software is provided to the US
Government as commercial computer software under FAR 12.212 and
DFARS 227.7202, or an equivalent provision (e.g., in supplements
of various US government agencies, as applicable), and the restrictions
set forth in this License Agreement. Manufacturer is Pro Softnet
Corp., Inc., and/or its affiliates, Pro Softnet Corp. IBackup Division
21300 Victory Blvd Suite 690 Woodland Hills CA 91367 USA.
You must
reproduce and include any copyright notices, trademarks or other
proprietary legends of Pro Softnet Corp. and its suppliers on any
copy of the Software made by you. This License Agreement is governed
by the laws of the State of California, United States, without reference
to conflict of laws provisions or the United Nations 1980 Convention
on Contracts for the International Sale of Goods and any amendments
thereto.
You acknowledge that a violation of this License Agreement may
cause irreparable harm to Pro Softnet Corp., and you agree that,
in addition to any other remedies provided by law, Pro Softnet Corp.
shall be entitled to seek injunctive relief against any such violation
without having to post a bond. If any provision of this License
Agreement is ruled invalid, such invalidity shall not affect the
validity of the remaining portions of this License Agreement. All
terms of any purchase order or other ordering document submitted
by you shall be superseded by this License Agreement. Should you
have any questions concerning this License Agreement, you may contact
Pro Softnet Corp. by writing to Pro Softnet Corp. IBackup Division
21300 Victory Blvd Suite 690 Woodland Hills CA 91367 USA. The product
name for the Software is a trademark or registered trademark of
Pro Softnet Corp.. All other trademarks displayed by the Software
are the property of their respective owners.
IBackup Professional
product includes software developed by the OpenSSL Project for use
in the OpenSSL Toolkit. (http://www.openssl.org).
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL
THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL,EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING,
BUT NOT LIMITED TO,PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN
ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.
Either
you or Pro Softnet may terminate this Agreement with or without
cause at any time by giving notice of such termination to the other
in the manner described in paragraph 22 below. Further, if Pro Softnet
believes that You have violated Your obligations under this Agreement,
Pro Softnet may, at its option and in addition to its other remedies,
immediately and without notice, suspend Your Account, remove and
destroy data and files stored by You on Pro Softnet's servers and/or
terminate this Agreement. Pro Softnet will not be liable to You
or any third party for any suspension or termination of Your Account
or the Service. Should You object to any terms and conditions of
this Agreement or any subsequent modifications thereto or become
dissatisfied with the Service in any way, Your only recourse is
to immediately: (a) discontinue use of the Service; (b) terminate
this Agreement; and (c) notify Pro Softnet of such termination.
Upon any termination of this Agreement, You will cease use of the
Service and, within five (5) days after the effective date of such
termination, remove all of Your stored data files from the Pro Softnet
servers. Pro Softnet may destroy any of Your stored data files that
are not removed from Pro Softnet's servers within such five (5)-day
period. Paragraphs 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24
and 25 of this Agreement (and any other provision that can be reasonably
construed to survive termination) will survive termination of this
Agreement.
Any notice
under this Agreement given by Pro Softnet to You will be deemed
to be properly given if sent by email to Your email address as set
forth in the Registration Information, or by a startup screen that
starts before Your next use of the Service or by written communication
mailed by first class US mail to Your address on record in the Registration
Information or by a display about the changed information in the
agreement on the index page if the change is generic. It is important
that you maintain a correct working email id and update it if necessary
to be able to receive Pro Softnet's communication. Any notice under
this Agreement given by You to Pro Softnet will be deemed to be
properly given if received by email sent to Pro Softnet's Customer
Service at support@ibackup.com,
except those that are related to cancellation or termination of
the account. User is expected to login online at http://www.ibackup.com/professional
and click 'Cancellation' and provide necessary information for cancellation.
Sending an email to support@ibackup.com
for cancellation is not considered as a cancellation notice for
security reasons.
This
Agreement will be enforced to the fullest extent permitted by applicable
law. If for any reason any provision of this Agreement is held to
be invalid or unenforceable under applicable law to any extent,
then (a) such provision will be interpreted, construed or reformed
to the extent reasonably required to render the same valid, enforceable
and consistent with the original intent underlying such provision
and (b) such invalidity or unenforceability will not affect any
other provision of this Agreement.
The terms and conditions of this Agreement may be
changed by Pro Softnet from time to time. Upon any such change,
Pro Softnet will notify You of such change in accordance with paragraph
22 above and post an updated version of this Agreement on the Pro
Softnet's IBackup Professional website located at http://www.ibackup.com/professional.
Your use of any Services after such notification will constitute
Your acceptance of such changed terms and conditions.
Your
right to use the Service is personal to You, and You will not assign
any of Your rights, obligations or interest in this Agreement or
Your Account. Without limiting the foregoing, this Agreement is
binding upon and inures to the benefit of the parties and their
respective successors and assigns. Pro Softnet's failure to insist
upon or enforce strict performance of any provision or right of
this Agreement will not be construed as a waiver of any provision
or right. This Agreement will be governed by the laws of the State
of California, without regard to its conflict of laws rules. The
provisions of the U.N. Convention on Contracts for the International
Sale of Goods and any successor treaties will not apply. You consent
to the venue and exclusive jurisdiction of the state and federal
courts located in Los Angeles County, California, U.S.A., with regard
to any claim arising under or otherwise occurring by reason of this
Agreement or Your use of the Service or Your Account. You will commence
any claim or cause of action arising under or otherwise occurring
by reason of this Agreement within one (1) year after the claim
or cause of action arises or such claim or cause of action is forever
barred. This Agreement constitutes the entire agreement of the parties
with respect to the subject matter hereof and supersedes any and
all prior and contemporaneous understandings and agreements.
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Copyright
© 2007, Pro Softnet Corporation. All rights reserved.