Zip Backup to CD License
END-USER LICENSE AGREEMENT FOR DATAHJAELP SOFTWARE.
PLEASE READ THIS LICENSE CAREFULLY
BEFORE USING THE SOFTWARE. BY INSTALLING OR USING THE SOFTWARE, YOU ARE AGREEING TO BE
BOUND BY THE TERMS OF THIS LICENSE.
1. License. The software
accompanying this License (hereinafter "Software"), regardless of the media on
which it is distributed, are licensed to you by Datahjaelp. You own the medium on which
the Software is recorded, but Datahjaelp retain title to the Software and related
- use this software during a test period of 30 days. Following this test period of 30 days
or less, if you wish to continue to use the software, you MUST register.
- Once registered, you are granted a non-exclusive license to use the software on one
computer (i.e. a single CPU), for any legal purpose, at a time.
- transfer all your license rights in the Software provided you must also transfer a copy
of this License, and provided the other party reads and agrees to accept the terms and
conditions of this License. Upon such transfer your license is then terminated.
- freely distribute, the evaluation version of the software, provided the distribution
package is not modified. You are specifically prohibited from charging, or requesting
donations, for any such copies, however made and from distributing the software and/or
documentation with other products (commercial or otherwise) without prior written
2. Restrictions. The Software
contains copyrighted material, trade secrets and other proprietary material. In order to
protect them, and except as permitted by applicable legislation, you may not:
- decompile, reverse engineer, disassemble or otherwise reduce the Software to a
- modify, network, rent, lend, loan, distribute or create derivative works based upon the
Software in whole or in part.
3. Termination. This License is
effective until terminated. You may terminate this License at any time by destroying the
Software, related documentation and all copies thereof. This License will terminate
immediately without notice from Datahjaelp if you fail to comply with any provision of
this License. Upon termination you must destroy the Software, related documentation and
all copies thereof.
4. Government End Users. If you
are acquiring the Software on behalf of any unit or agency of the United States
Government, the following provisions apply. The Government agrees the Software and
documentation were developed at private expense and are provided with "RESTRICTED
RIGHTS". Use, duplication, or disclosure by the Government is subject to restrictions
as set forth in FAR 52.227-14, DFAR 252.227-7013, its successors or applicable agency
rights in technical data or computer software. In the event that this License, or any part
thereof, is deemed inconsistent with the minimum rights identified in the Restricted
Rights provisions, the minimum rights shall prevail.
5. No Other License. No rights or
licenses are granted by Datahjaelp under this License, expressly or by implication, with
respect to any proprietary information or patent, copyright, trade secret or other
intellectual property right owned or controlled by Datahjaelp, except as expressly
provided in this License.
6. Disclaimer of Warranty on
Software. You expressly acknowledge and agree that use of the Software is at your sole
risk. The Software and related documentation are provided "AS IS" and without
warranty of any kind and DATAHJAELP EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. DATAHJAELP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED
IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE ENTIRE
RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. FURTHERMORE,
DATAHJAELP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS
OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE
GIVEN BY DATAHJAELP OR DATAHJAELP'S AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR
IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU
(AND NOT DATAHJAELP OR DATAHJAELP'S AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
7. Limitation of Liability. UNDER
NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL DATAHJAELP, OR ITS DIRECTORS, OFFICERS,
EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE, MISUSE
OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, BREACH OR DEFAULT, INCLUDING
THOSE ARISING FROM INFRINGEMENT OR ALLEGED INFRINGEMENT OF ANY PATENT, TRADEMARK,
COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHT, BY DATAHJAELP, EVEN IF DATAHJAELP OR
DATAHJAELP'S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU. DATAHJAELP will not be liable for 1) loss of, or damage to, your records or data or
2) any damages claimed by you based on any third party claim. In no event shall
Datahjaelp's total liability to you for all damages, losses, and causes of action (whether
in contract, tort (including negligence) or otherwise) exceed the amount paid by you for
8. Controlling Law and
Severability. This License shall be governed by and construed under the laws of Denmark
without reference to its conflict of law principles. In the event of any conflicts between
foreign law, rules, and regulations, and Danish law, rules, and regulations, Danish law,
rules and regulations shall prevail and govern. The United Nations Convention on Contracts
for the International Sale of Goods shall not apply to this License. If for any reason a
court of competent jurisdiction finds any provision of this License or portion thereof, to
be unenforceable, that provision of the License shall be enforced to the maximum extent
permissible so as to effect the intent of the parties, and the remainder of this License
shall continue in full force and effect.
9. Complete Agreement. This
License constitutes the entire agreement between the parties with respect to the use of
the Software and the related documentation, and supersedes all prior or contemporaneous
understandings or agreements, written or oral, regarding such subject matter. No amendment
to or modification of this License will be binding unless in writing and signed by a duly
authorized representative of Datahjaelp.