License

XPress BackUp

Xpress BackUp - Copyright  by Remo Cremaschi - RC Software-Brasil
All rights reserved.

License Agreement

This license refers to the XPressBackUp Software Program herein called "The SOFTWARE".

CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. USE OF "THE SOFTWARE" PROVIDED WITH THIS AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL AND/OR USE THIS SOFTWARE. USER'S USE OF THIS SOFTWARE IS CONDITIONED UPON COMPLIANCE BY USER WITH THE TERMS OF THIS AGREEMENT.


1. LICENSE GRANT. Remo Cremaschi / RC Software grants you a license to use the SOFTWARE on any computer as long as the terms of this agreement are respected. "You" means the company, entity, or individual installing or using the SOFTWARE. "Use" means storing, loading, installing, executing, or displaying the SOFTWARE. You may not modify the SOFTWARE or disable any licensing or control features of the SOFTWARE. You are granted an evaluation period of not more than 30 days, after which time you must either remove the SOFTWARE  from your computer or purchase the commercial version of the SOFTWARE. This license is not transferable to any other hardware product or other company, entity, or individual. The SOFTWARE includes computer software, and may include associated media, printed materials, and "on-line" or electronic documentation. The SOFTWARE is licensed, not sold.  The term "COMPUTER" as used herein shall mean the HARDWARE, if the HARDWARE is a single computer system, or shall mean the computer system with which the HARDWARE operates, if the HARDWARE is a computer system component.

This License grants you the following rights:
a)	Software Installation and Use. You may only install and use one copy of the SOFTWARE on the COMPUTER. 
b)	Storage/Network Use. The SOFTWARE may not be installed, accessed, displayed, run, shared or used concurrently on or from different computers, including a workstation, terminal or other digital electronic device ("Devices") . Notwithstanding the foregoing and except as otherwise provided below, any number of Devices, may access or otherwise utilize the file and print services and peer web services of the SOFTWARE, if included.

c)	Make one copy of the SOFTWARE solely for backup or archival purposes, or install the SOFTWARE on a single computer, provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE.

2. OWNERSHIP. The SOFTWARE is owned and copyrighted by Remo Cremaschi / RC Software. Your license confers no title or ownership in the SOFTWARE and should not be construed as a sale of any right in the SOFTWARE.

3. COPYRIGHT. The SOFTWARE is protected by United States copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of Remo Cremaschi / RC Software and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.


4. TERMINATION. Without prejudice to any other rights, Remo Cremaschi / RC Software may terminate this License if you fail to comply with the terms and conditions of this License. In such event, you must destroy all copies of the SOFTWARE and all of its component parts.

5. UNAUTHORIZED USE. You may not use, copy, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the SOFTWARE except as provided in this agreement. Any such unauthorized use shall result in immediate and automatic termination of this license.


6. DISTRIBUTION. Provided that you verify that you are distributing the Shareware or trial version of the SOFTWARE (unregistered version) you are hereby licensed to make as many copies of the Shareware/trial package of the SOFTWARE as you wish; give exact copies of the original Shareware/trial package of the SOFTWARE to anyone; and distribute the Shareware/trial package of the SOFTWARE in its unmodified form via electronic means (Internet, BBS's, Shareware distribution libraries, CD-ROMs, etc.). You may charge a distribution fee for the package, but you must not represent in any way that you are selling the software itself.


Distribution of the commercial / registered version (i.e. neither trial nor Shareware nor Freeware) is forbidden.

All distribution of SOFTWARE is further restricted with regard to sources which also distribute virus source code and related virus construction/creation materials. The SOFTWARE may not be made available on any site, CD-ROM, or with any package which makes available or contains viruses, virus source code, virus construction programs, or virus creation material.


Permission to distribute the SOFTWARE is not transferable, assignable, saleable, or franchisable. Each entity wishing to distribute the package must independently satisfy the terms of the distribution license.

7. LIMITED WARRANTY. THIS SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. REMO CREMASCHI / RC SOFTWARE DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER REMO CREMASCHI / RC SOFTWARE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF REMO CREMASCHI / RC SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.


SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, IF THIS IS YOUR CASE YOU MAY NOT USE THIS SOFTWARE.

IN NO EVENT SHALL ANY THEORY OF LIABILITY EXCEED THE LICENSE FEE PAID TO REMO CREMASCHI / RC SOFTWARE.

8. SEVERABILITY. In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.

9. GOVERNING LAW. This agreement shall be governed by the laws of Brazil, excluding the application of its conflicts of law rules, and shall inure to the benefit of Remo Cremaschi / RC Software and any successors, administrators, heirs, and assigns. Any action or proceeding brought by either party against the other arising out of or related to this agreement shall be brought only in a COURT of competent jurisdiction located in Brazil. The parties hereby consent to in personam jurisdiction of said courts. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.


10. INSPECTION AND TESTING. You agree and acknowledge that you will thoroughly inspect and test the SOFTWARE for all of your purposes upon commencement of your use. Any suit or other legal action, claim, or any arbitration relating in any way to this agreement or software covered by it must be officially filed or officially commenced no later than 90 days after your first use of the software.

11. ENTIRE AGREEMENT. This is the entire agreement between you and Remo Cremaschi / RC Software, which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license.


12. RESERVED RIGHTS. All rights not expressly granted here are reserved to Remo Cremaschi / RC Software.
