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FrontLook Data Backup
Service Terms
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END USER LICENSE
AGREEMENT
CAREFULLY READ THE FOLLOWING LEGAL
AGREEMENT ("AGREEMENT") WHICH SETS FORTH TERMS FOR THE USE OF THE SOFTWARE
AND THE CANCELLATION OF SERVICES PROVIDED TO YOU BY DPA SOFTWARE. YOU ARE
CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THE FOLLOWING LICENSE
AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THE AGREEMENT, CLICK THE
"DO NOT ACCEPT" BUTTON AND DO NOT USE THE SOFTWARE. NOTE: BY INSTALLING,
COPYING, DOWNLOADING, ACCESSING OR OTHERWISE USING THE SOFTWARE PRODUCT
(DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
DUE TO THE NATURE OF BACKUP SERVICE, IT IS RECOMMENDED THAT YOU PERFORM
OCCASIONAL TEST RESTORES AND FAMILIARIZE YOURSELF WITH THE OPERATION OF THE
SOFTWARE BEFORE AN EMERGENCY SITUATION ARISES.
GRANT OF LICENSE FOR NON-COMMERCIAL USE.
Subject to the terms of this Agreement, DPA Software grants to you, the
user, a personal, non-exclusive, non-sublicensable and non-commercial
limited license to install and use the enclosed FrontLook Data Backup Pro
software program (the "Software") and related information, materials and
documentation (the "Documentation") on one computer only. Non-commercial
means that you cannot charge other people to use the Software, nor may you
charge them for work you do on their behalf if it involves use of the
Software. This license authorizes you to make one copy of the Software
solely for backup or archival purposes, provided that the copy you make
contains all the proprietary notices.
RESTRICTIONS.
You may not rent, lease, subdivide, modify, translate or sublicense the
Software or Documentation. You may only use the Software and Documentation
in connection with DPA Software's automatic backup network and not with any
other backup or related service. You may not (i) decompile, disassemble, or
otherwise reverse engineer or attempt to reconstruct or discover any of
Licensor's source code, underlying ideas, algorithms, trade secrets or other
proprietary information by any means whatsoever, (ii) create derivative
works from or otherwise modify this Software, or (iii) copy or otherwise
reproduce the Documentation. YOU MAY NOT RESELL THE SOFTWARE OR TRANSFER FOR
VALUE.
OWNERSHIP.
The Software is licensed to you by DPA Software and the Software protected
by United States Copyright and other laws, international treaty provisions
and applicable laws, including intellectual property, of the country in
which it is being used.
TERM AND TERMINATION.
This Agreement is effective for the period of services purchased by you. You
may terminate this Agreement at any time and without cause by returning or
destroying all copies of the Software and Documentation and DPA Software
shall not be obligated to refund any monies paid. All data is retained for a
90 day period from the date of Your last transfer. If no transfer is
performed within 90 days, all data will be automatically purged from DPA
Software's systems and may not recoverable. Your rights under this Agreement
will terminate automatically without notice from DPA Software if you fail to
comply with any term(s) of this Agreement. THERE ARE ADDITIONAL TERMINATION
PROVISIONS SET FORTH BELOW WHICH AFFECT YOUR RIGHTS AND ABILITY TO OBTAIN A
COPY OF YOUR DATA. PLEASE READ THEM.
SERVICE FEES
All fees related to using DPA Software services are charged automatically
using the payment method provided by you. If DPA Software does not receive a
request for service termination by calling or in writing to one of the
addresses listed below under "customer contact information," You acknowledge
and understand that DPA Software will continue to charge you for service as
long as Your account remains active regardless if the service is used or
not.
GOVERNMENT USE.
If Licensee is a unit or agency of the government, or acquiring the Software
with government funds, the Software and Documentation are provided subject
to DPA Software's standard commercial license; provided, however, that for
any contracts with non-defense agencies subject to the FAR, the government
shall also have the rights set forth in subparagraph (c) of FAR 52.227-19,
"Commercial Computer Software - restricted Rights," as applicable.
EXPORT ASSURANCES.
You acknowledge there are specific restrictions and complex laws regarding
the export of software outside the United States, and You agree not to
export, or allow the re-export of the Software, Documentation, or any direct
product thereof except with all necessary export licenses and approvals.
Specific export controls prohibit the software from being downloaded or
exported or re-exported (i) into any other country to which the United
States has embargoed goods; or (ii) to anyone on the United States Treasury
Department's list of Specially Designated Nations or the United States
Commerce Department's Table of Denial Orders. By restoring or using the
Software, you are agreeing to the foregoing provisions and you are
certifying that you are not located in, under the control of, or a national
or resident of any such country or on any such list.
CONFIDENTIALITY.
DPA Software will use reasonable efforts to prevent the unauthorized
disclosure of your confidential information and data. DPA Software will not
seek to decrypt your data. DPA Software, however, will not be responsible
for any matter beyond its reasonable control, including, without limitation,
unauthorized electronic access of your confidential information or data. In
the event that DPA Software is served a subpoena or is otherwise legally
compelled to provide access to your data, DPA Software will provide you with
notice of the same as soon as practical to enable you to take action you
deem necessary to prevent any such access.
CONTROLLING LAW AND SEVERABILITY.
This Agreement shall be governed by the laws of the United States and the
State of Wisconsin without regard to conflicts of laws provisions thereof.
If any provision of this Agreement, or portion thereof, is held to be
unenforceable, the remainder of this Agreement shall continue in full force
and effect.
LIMITED WARRANTY.
DPA SOFTWARE WARRANTS THE MEDIA ON WHICH THE SOFTWARE IS RECORDED TO BE FREE
FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR A PERIOD OF
NINETY (90) DAYS FROM THE DATE OF DELIVERY. OTHERWISE, DPA SOFTWARE'S ENTIRE
LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE REPLACEMENT OF DEFECTIVE MEDIA.
NO OTHER WARRANTIES.
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SOFTWARE AND
DOCUMENTATION ARE PROVIDED "AS IS." DPA SOFTWARE DISCLAIMS ALL OTHER
WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES SO THIS LIMITATION MAY NOT APPLY TO YOU.
LIABILITY LIMITATION.
IN NO EVENT, INCLUDING NEGLIGENCE, SHALL DPA SOFTWARE, AND ITS SUPPLIERS, BE
LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR
TECHNOLOGY OR FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) OR ANY
OTHER DAMAGES OR LOSSES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS
PRODUCT, EVEN IF DPA SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. YOU AGREE AND UNDERSTAND THAT IN NO EVENT SHALL DPA SOFTWARE'S
TOTAL LIABILITY TO YOU EXCEED THE LIST PRICE DPA SOFTWARE CHARGES YOU FOR A
LICENSE TO THE SOFTWARE EVEN IF DPA SOFTWARE SHALL HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU.
THE FOREGOING PROVISIONS SHALL BE ENFORECEABLE TO THE MAXIMUM EXTENT
PERMITTED BY LAW.
FORCE MAJEURE.
DPA Software shall not be liable for nonperformance, delay, errors, data
loss or other loss caused by any event reasonably beyond DPA Software's
control including, but not limited to acts of God, war, hostilities,
revolution, civil disorder, national emergency, strikes, lockouts,
unavailability of supplies, non-use of product, epidemics, fire, flood,
earthquake, force of nature, explosion, embargo or any law, proclamation,
regulation, ordinance or other act or order of any court, government or
governmental agency.
ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement between the parties with
respect to the Software and Documentation and supersedes all prior or
contemporaneous understandings regarding this subject matter. No amendment
to or modification of this Agreement shall be effective unless in writing
and signed by both parties.
TERMINATION OF THE LICENSE AGREEMENT.
THIS AGREEMENT AND THE FOLLOWING PROVISIONS GOVERN WHAT HAPPENS TO YOUR DATA
ON TERMINATION OF THE LICENSE AGREEMENT. THE TERM "DATA" REFERS TO YOUR
COMPUTER FILES THAT ARE STORED AWAY FROM YOUR COMPUTER BY DPA SOFTWARE UNDER
THE TERMS OF THIS LICENSE AGREEMENT.
DISPOSITION OF DATA ON TERMINATION.
The services provided to You by DPA Software may be terminated under Section
4 above. You understand that all data stored by DPA Software under this
Agreement shall be deleted on or after Seven (7) days from the termination
date of the agreement (the "Termination Period"). You must inform us in
writing (e-mail to: support@frontlook.com or by regular mail to the address
listed below) prior to the expiration of the Termination Period if You wish
to (A) receive a copy of Your stored data ("data copy"), OR (B) HAVE DPA
Software IMMEDIATELY DELETE ALL STORED DATA WHEREUPON SUCH DATA WILL NO
LONGER BE ACCESSIBLE TO YOU AND DPA Software. Fees required to obtain copies
of Your stored Data are described in this Agreement. Your Data may be kept
confidential at all times subject to the terms of this Agreement and the
License Agreement. If DPA Software does not receive a written request for a
data copy in writing to the address listed below under "customer contact
information," You acknowledge and understand that DPA Software will destroy
all of Your data files immediately on the expiration of the Termination
Period with no liability to You whatsoever. By using the Software you are
agreeing to release DPA Software from any and all liability, claims and
damages due to lost or stolen data whether or not You request a data copy.
LIMITATION OF LIABILITY FOR DESTRUCTION OF DATA AFTER TERMINATION.
EXCEPT AS PROVIDED HEREIN, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL DPA SOFTWARE OR ITS SUPPLIERS
BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING WITHOUT LIMITATION,
DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR FOR ANY AND ALL OTHER LOSS AND DAMAGES FOR THE DESTRUCTION
OF DATA UNDER THIS AGREEMENT. IN NO EVENT WILL DPA SOFTWARE BE LIABLE FOR
ANY DAMAGES IN EXCESS OF THE LIST PRICE DPA SOFTWARE OR ITS DISTRIBUTORS
CHARGE FOR A LICENSE TO THE SOFTWARE, EVEN IF DPA SOFTWARE SHALL HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY
SHALL NOT APPLY TO DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE
LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. THE FOREGOING PROVISIONS
SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY LAW.
MISCELLANEOUS.
This Agreement is governed by the laws of the United States and the State of
Wisconsin, without reference to the conflict of laws principles. The
application of the United Nations Convention of Contracts for the
International Sale of Goods is expressly excluded. No provision of this
Agreement shall be deemed waived unless such waiver shall be in writing and
signed by DPA Software or a duly authorized representative of DPA Software.
You may not assign the benefits of this Agreement to any other party.
CUSTOMER CONTACT INFORMATION.
To request a Data Copy or terminate service, please contact DPA Software
Customer Support at support@frontlook.com, in writing by electronic-mail at
support@frontlook.com, or by U.S. Mail to DPA Software W327S4150 Spring
Ridge Ct. Waukesha, WI 53189.
FILE PROTECTION REQUIREMENTS
In order for the Software to properly protect your files, they must meet the
following requirements:
File has to exist on your computer.
File must be selected as part of the backup set.
File attributes must be allowed by the Exclude set by You in the Software
You must complete a backup at least once every 90 days.
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