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Software usage agreement

By downloading, installing and/or using the computer software (hereafter the “Software”) you accept and agree to the terms of this license agreement (hereafter the “Licence”). This License constitutes the entire agreement concerning the Software between you and Anders Petersson Software Development (hereafter “APSD”). If you do not agree with these terms and conditions, promptly abort the installation/uninstall the Software.

The term "Software" includes, and these terms and conditions also apply to, any updates, modifications and upgrades to the Software that you may receive from APSD.


Article 1 – Licence grant

1. This License permits you to use one copy of the Software solely for your internal operations on a single computer for the duration of 30 days from installation (hereafter the “Trial Period”).

2. You agree that you will not sublicense, assign, transfer, distribute, pledge, lease, rent or share your rights under this License except with prior written permission from APSD.

3. You agree that you will not modify, adapt, disassemble, decompile, reverse engineer or otherwise attempt to discover the source code of the Software. This explicitly prohibits you to take measures to continue running the Software after the expiration of the Trial Period.


Article 2 – APSD’s rights

1. You acknowledge that the Software and Documentation are proprietary products of APSD protected under international copyright law and disclosed to you by APSD in confidence.

2. You shall take all reasonable steps to safeguard the Software and Documentation. APSD owns and retains all copyright, trademarks, trade secret and other proprietary rights in and to the Software and Documentation. This License conveys to you only a non-exclusive and limited right of use, revocable in accordance with the terms and conditions of this License.


Article 3 – Support and upgrades

1. Support and upgrades are currently provided through email only. Further upgrades and extended support services, if available, may be purchased under separate agreement with APSD.


Article 4 – Limited Warranty

1. APSD warrants that the Software will continue to function after the Trial Period as it did during the Trial Period. The Trial Period is intended for thorough evaluation so as to enable you to, without cost, fully investigate the Software. Continued use after the Trial Period has ended is regarded as implicit acceptance of the Software as is. No refunds are available.


Article 5 – Exception to warranty

1. APSD disclaims any and all other warranties, express or implied, including any implied warranties of merchantability or fitness for particular purpose. APSD does not warrant that the Software, its use, operation or your ability to use the Software will be uninterrupted or error-free or that all Software errors will be corrected. The warranty set forth above shall not apply to any defect or problems caused by any defect in any hardware or software used in combination with the Software, or use of the Software in execution environments not specified in the Documentation. APSD does not warrant that the Software or service will meet your requirements or that the operation of the Software will be uninterrupted or error free.

2. APSD’s limited warranty is void if a breach of the warranty has resulted from (i) accident, corruption or misuse of the Software; or (ii) acts or omissions by someone other than APSD.


Article 6 – Exclusive Remedies

1. You agree that if, during the Warranty Period, a defect in the Software media appears, your exclusive remedy will be, in APSD's sole option, to replace the media or to offer support.


Article 7 - Limitations of Liability

1. In no event and under no legal theory shall APSD be liable for any damages to you or any other party, whether arising out of contract or from tort, including loss of data, profits or business, goodwill or other special, incidental, exemplary or consequential damages, even if APSD has been advised of the possibility of such loss or damages. APSD’s cumulative liability shall not exceed the license fee paid, if any, for use of this Software and Documentation. This section shall survive termination of this License.

2. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.


Article 8 - Duration

1. This agreement is in effect until terminated. You may terminate the agreement at any time by destroying all copies of the Software and Documentation and erasing any copies on storage media.

2. The agreement also terminates if you fail to comply with any terms and conditions of this agreement. In such event, you agree to destroy and erase all copies of the Software and Documentation, and APSD will be entitled to all remedies in accordance with applicable law.


Article 9 – Applicable Law

1. This entire agreement is governed by the laws of Sweden, without reference to conflicts of law principles. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

2. If any provisions of this Agreement are held invalid, the remainder of this Agreement shall continue in full force and effect.


Article 10 – Forum Clause

1. You expressly agree to the exclusive jurisdiction of the court of Lund, Sweden, for any claim or dispute that may arise under this agreement or from the Software whatsoever.


Contact Information

1. Use of the Software other than for your internal operations on a single computer requires that you have entered into a separate license agreement with APSD. Please e-mail support@nhbackup.com for further information.

 

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