End User License Agreement - Software 'VersionBackup' (2005-02-28)
Please read the following regulations carefully, before you install the software.
This license agreement is valid for the free software product 'VersionBackup', which is placed at your disposal by SB-AW. For the enhanced variant 'VersionBackup Master', a different license agreement is valid. If you use 'VersionBackup Master', not this agreement is valid but the license agreement for 'VersionBackup Master'.
If you did not conclude a different license agreement with SB-AW or with a trader authorized by SB-AW, you declare your agreement with the regulations fixed in this document, when you install or use the 'VersionBackup'-Software or pass it to anyone else.
If you disagree to one of the regulations, which are fixed here, you may not install the VersionBackup software, nor use it nor pass it to any other person or institution.
License:
SB-AW grants to you until revocation a non-expiring, free permission to use the software 'VersionBackup'. Prerequisite is, that you
a) agree to these terms,
b) do not use this software to save the data of a system, which is commercially used.
This purpose of this software version is to demonstrate the features of VersionBackup. Nevertheless, you may take advantage of the VersionBackup usage, if this is only for private purposes.
There is no obligation for SB-AW to take care, that VersionBackup will operate to your contentment. Therefore, any warranty or liability claims are excluded. Nor there is a claim to individual support.
SB-AW may perform continued development of the VersionBackup software to its own discretion and in the extent of its own decision. SB-AW is not obliged to continue the development even if program errors or functional weak points become obvious.
On the other hand, you can not claim that functions from the former software issue will be present even in the successor issue.
Even if the new software issue released by SB-AW is completely unsuitable for your purposes, you can not claim a suitable successor issue. You declare your agreement that you will renounce the usage of the successor issue in this situation and continue using the former software issue. This is valid even if SB-AW will recommend the usage of the successor software issue expressly.
The usage of the VersionBackup software to save data from systems, which are used completely or partly for commercial purposes, is not permitted.
If you intend to use a system commercially in the future, which had been used privately up to now, you are obliged to either take VersionBackup out of operation or upgrade it to 'VersionBackup Master'.
You may create any number of copies of the software and pass them to anyone at will.
You may not modify this software or distribute only parts of it, nor may you permit anyone else to do this.
SB-AW and its licensors shall own and retain all right, title, and interest in and to the Software all copies or portions thereof, and any derivative works thereof (by whomever created). All rights in the Software not specifically granted in this agreement are reserved by SB-AW and its licensors.
It is not permitted to you to sell, lease out or hire this software.
It is not permitted to you to change, translate, decompile the software or perform reverse engineering. Nor it is permitted to dismantle the software or use it as a base for own products.
Liability:
During the total usage time, you are obliged to check the results of the operation of 'VersionBackup' regularly according to their correctness and completeness. It is your duty to verify the content and presence of all data on the storage media, of which the loss might result in any damage. The results of the operation of 'VersionBackup' are not under the liability of SB-AW.
You must archive those data to a permanent storage media, if you might need them even after a longer period. If it is necessary for this purpose, you must use the software 'VersionBackup Master' instead of the freeware 'VersionBackup'.
SB-AW will never be liable for any harm or consecutive harm due to the use of 'VersionBackup' and for loss of profit.
You know and accept that all documentation and guidance texts from SB-AW may have errors. SB-AW can not be made liable for their contents. This concerns the help texts, which are part of the program, it concerns the user manual, furthermore all texts from SB-AW available in the internet and any individual response to your requests. If you do any modification of the data stock or of the computer configuration (the registry e.g.), you do this on your own risk. This is valid even if you proceed exactly in the way like it is advised by SB-AW.
SB-AW explicitly prohibits the usage of the VersionBackup Software in applications or situations, where malfunction of the software can result in any physical harm or injury. In such cases, the use of this software generally is at the concerned person's own risk.
You agree that SB-AW shall have no liability whatsoever for any use you make of the Software. You shall indemnify and hold harmless SB-AW from any third party claims, damages, liabilities, costs and fees (including reasonable attorney fees) arising from your use of the Software as well as from your failure to comply with any term of this Agreement.
VersionBackup itself does not perform virus search activities. During the production of VersionBackup and its installation media, external software is used, which meets this duty, due to the statements of their producers.
Jurisdiction:
Any lawsuit from the usage of VersionBackup and this license agreement shall be done in the competence of the Landgericht Muenchen I, Germany.
To the current agreement, only German Law is applicable.
