Novosoft Handy Backup End User License Agreement

THIS SOFTWARE END USER LICENSE AGREEMENT (HEREINAFTER REFERRED TO AS THE "EUL") IS A LEGAL AGREEMENT BETWEEN YOU, AS THE END-USER (HEREINAFTER REFERRED TO AS "YOU"), AND NOVOSOFT DEVELOPMENT LLC, AS THE LICENSOR (HEREINAFTER REFERRED TO AS THE "NOVOSOFT"). BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PROVIDED WITH THIS EUL (AS DEFINED BELOW) OR ANY PART THEREOF, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EUL. IF YOU DO NOT AGREE TO THE TERMS OF THIS EUL, DO NOT INSTALL AND DO NOT USE THIS SOFTWARE.

1. The Software.

The Software provided with this EUL (hereinafter referred to as the "Software") is "Handy Backup" software product of Novosoft.

2. License.

Subject to the provisions contained herein, Novosoft hereby grants you a worldwide, non-exclusive, non-transferable (without the right to sublicense) license to Use this copy of the Software as a standalone application or a component of any other software program on a single computer. Herein, the "Use" means storing, loading, installing, executing or displaying the Software. You may be either company or individual. To exercise any right provided by this EUL, you should become the legal owner of this Program copy based on the appropriate agreement with Novosoft or the person that legally acquired such copy as a result of its distribution by Novosoft or its authorized suppliers.

3. Ownership.

The Software is owned and copyrighted by Novosoft. This EUL confers you no title or ownership in the Software and should not be construed as a sale of any right in the Software. You shall notify Novosoft immediately if you become aware of any unauthorized use of the whole or any part of the Software by any person.

4. Copyright.

The Software and all rights necessary to execute this agreement with you, without limitation including proprietary rights therein, are owned by Novosoft and are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. 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 Novosoft 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. You may neither reproduce the Software nor sell it or distribute otherwise, except to the right to sell this particular Software copy if such right is imperatively prescribed by your jurisdiction. You may not modify the Software or disable any licensing or control features of the Software except as an intended part of the Software programming features.

5. Reverse Engineering.

You agree that you will not attempt to reverse compile, modify, translate, or disassemble the Software in whole or in part.

6. Online Backup Service.

By choosing the version of the Software with "Online Backup Service" software component (hereinafter referred to as the "Online Backup Component" or the "Component"), you agree to be bound by the following provisions:

Novosoft IS NOT RESPONSIBLE FOR ANY LOSS OF DATA, DUE TO TRANSMISSION ERROR, CLIENT SOFTWARE ERROR, SERVER SOFTWARE ERROR, USER ERROR, OR ANY CAUSE. DUE TO THE NATURE OF THE INTERNET AND THE ONLINE BACKUP COMPONENT FUNCTIONING, IT IS STRONGLY RECOMMENDED THAT YOU PERFORM ROUTINE TESTS OF THE FILE RESTORE FEATURES AND FAMILIARIZE YOURSELF WITH THE COMPLETE OPERATION OF THE BACKUP SOFTWARE BEFORE AN EMERGENCY SITUATION ARISES.
You agree that this Component functions with no warranty and is "AS IS" and "AS AVAILABLE" only. The location the Component addresses is not intended to be the sole backup location for any data; users are responsible for backing up their own data files to a location other than provided by or with assistance of Novosoft. You assume all risks associated with functioning of a Component of this kind. Novosoft makes no warranty that Online Backup Component will meet your requirements or that Online Backup Component functioning will be uninterrupted, timely, secure or error-free.

7. Term of License.

The License to Use the Software under this EUL shall be perpetual, unless otherwise is directly stated herein with respect to the version of the Software with the Component.

The term of the license to Use the Component in this version of the Software shall be determined in accordance with the appropriate agreement to acquire the copy of such version of the Program and, as a rule, is dependent on the amount of license fee paid by You under the said agreement. After this term of Use is over, you are not entitled to Use the Component in the Software.

The Component may only be operated and used by those authorized individuals who are registered with Novosoft. Novosoft shall provide you with and maintain online access to some appropriate information regarding your Use of the Component. You are the only person responsible for the security of this information; you should maintain your own password for the access to it. YOU AGREE THAT THIS PASSWORD MUST BE KEPT PRIVATE AND MAY NOT BE USED BY ANY OTHER INDIVIDUAL TO ACCESS THE SAID INFORMATION.

8. Disclaimer of Warranties.

YOU ALSO AGREE THAT IN NO EVENT SHALL NOVOSOFT BE LIABLE TO YOU FOR ANY SPECIAL, DIRECT, CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES OF ANY KIND RESULTING FROM USE, COST, ERRORS, SECURITY BREACHES, OR ANYTHING ELSE RELATED TO THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE OR ONLINE BACKUP COMPONENT FUNCTIONING, EVEN IF NOVOSOFT OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In particular, Novosoft is not responsible for any loss of data resulting from the Software functioning, due to any cause.

9. Limitation of Liability.

10. Limitations on the Exclusion of Liabilities and Warranties.

If it is illegal for Novosoft to exclude certain liabilities or warranties for you because of your legal jurisdiction, only the said illegal exclusions do not apply to you. If your jurisdiction allows to limit liability for a certain kind of claims or damages but does not allow to exclude such liability completely then in no event shall Novosoft's liability for that particular claims or damages, whether in contract, tort or any other theory of liability, exceed the license fee paid by you, if any.

11. Indemnification.

Novosoft assumes no liability for any of the data which is stored on the servers addressed by Online Backup Component and other facilities, be it obscene, offensive, illegal, or if it is an infringement of property rights of anyone. You, as all other individuals using Online Backup Component, are solely responsible for the file content you upload and store through this Component. You agree to indemnify and hold Novosoft and its affiliates, officers, owners, and employees harmless from any type of demand or any type of claim (which would include attorneys' fees which are reasonable), which are made by any third party as a result of your use of Online Backup Component, be it any type of infringement such as intellectual property or other rights, or other users of Online Backup Component using your computer, or an infringement of this EUL by you.

12. Governing Law.

This EUL agreement is governed by the laws of the Russian Federation. If any provision or portion thereof of the EUL is found to be void or unenforceable by the appropriate legal jurisdiction and authority, that provision shall be understood and enforced as close to its original meaning as possible, and the remainder of this EUL shall remain in full force and effect.

13. General Provisions.

This is the entire agreement between you and Novosoft, which supersedes any prior agreement or understanding, whether written, or oral, relating to the subject matter of this EUL. This EUL agreement shall automatically terminate upon failure by you to comply with its terms. Novosoft, on its sole discretion and upon notification through its website or by a specific message to you, may modify this EUL agreement at any time. If Novosoft fails to act on any of the terms of this EUL it should not be construed as a waiver of any provision unless Novosoft agrees to any such waiver in writing.