Timely Backup 1.0.0

Timely Backup

SOFTWARE LICENSE AGREEMENT

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You should carefully read the following terms and conditions

before using this software. Unless you have a different license

agreement signed by TimelyBackup.com your use of this software

indicates your acceptance of this license agreement and

warranty. TimelyBackup.com has the right to grant any licenses

Timely Backup

SOFTWARE LICENSE AGREEMENT

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You should carefully read the following terms and conditions

before using this software. Unless you have a different license

agreement signed by TimelyBackup.com your use of this software

indicates your acceptance of this license agreement and

warranty. TimelyBackup.com has the right to grant any licenses

for any users based solely on TimelyBackup.com's decision (usually,

these users are beta-testers or other supporters).

1. EVALUATION COPY

1.1. Anyone may use evaluation copy of this software. The following

restrictions are applied to evaluation copy:

1.1.1. The single Backup Job is allowed

1.2. Evaluation copy of this software is provided for evaluation

purposes only. Once you decide to use this software for any other

purposes, you should purchase one or more licenses in accordance

with terms below.

2. DEFINITION OF TERM "REGISTERED VERSION":

2.1 TimelyBackup.com grants you a license to use one copy of

the version of this software on any one hardware product (for as many

licenses as you purchase. "You" means the company, entity or individual

whose funds are used to pay the license fee. "Use" means storing,

loading, installing, executing or displaying the SOFTWARE.

3. COMMON TERMS AND CONDITIONS

3.1. You may not modify the SOFTWARE or disable any licensing or

control features of the SOFTWARE except as an intended part of the

SOFTWARE's programming features. This license is not transferable

to any other hardware product or other company, entity, or

individual.

3.2. OWNERSHIP. The SOFTWARE is owned and copyrighted by

TimelyBackup.com. Your license confers no title or ownership in the

SOFTWARE and should not be construed as a sale of any right in the

SOFTWARE.

3.3. COPYRIGHT. The SOFTWARE is protected by United States copyright

law and international treaty provisions. 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 TimelyBackup.com

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.

3.4. REVERSE ENGINEERING. You agree that you will not attempt to

reverse compile, modify, translate, or disassemble the SOFTWARE

in whole or in part.

3.5. UNAUTHORIZED USE. You may not use, copy, rent, lease, sell,

modify, decompile, disassemble, otherwise reverse engineer, or

transfer the SOFTWARE except as provided in this agreement. Any

such unauthorized use shall result in immediate and automatic

termination of this license.

3.6. BUNDLING. In no case may this product be bundled with

hardware or other non-evaluation copy of software without written

permission from TimelyBackup.com.

3.7. DISTRIBUTION. Permission to distribute the SOFTWARE is not

transferable, assignable, saleable, or franchisable. Each entity

wishing to distribute the package must independently satisfy the

terms of the distribution license.

3.8. U.S. GOVERNMENT INFORMATION. Use, duplication, or disclosure by

the U.S. Government of the computer software and documentation in this

package shall be subject to restrictions as set forth in subparagraph

(c)(1)(ii) of the Rights in Technical Data and Computer Software clause at

DFARS 252.277-7013 (Oct 1988) and FAR 52.227-19 (Jun 1987). The

Contractor is TimelyBackup.com.

3.9. NO OTHER WARRANTIES. DOES NOT WARRANT

THAT THE SOFTWARE IS ERROR FREE. TimelyBackup.com DISCLAIMS ALL

OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER

EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR

PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF

IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED

WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF

INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE

LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS

WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY

ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO

JURISDICTION.

3.10. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT

SHALL TimelyBackup.com OR ITS SUPPLIERS BE LIABLE TO YOU FOR

ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT

DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY,

PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF TimelyBackup.com

HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN

NO EVENT WILL TimelyBackup.com's LIABILITY FOR ANY CLAIM,

WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF

LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.

3.11. ENTIRE AGREEMENT. This is the entire agreement between

you and TimelyBackup.com which supersedes any prior agreement or

understanding, whether written or oral, relating to the subject

matter of this license.

3.12. RESERVED RIGHTS. All rights not expressly granted here are

reserved to TimelyBackup.com.

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THE SOFTWARE IS PROVIDED TO LICENSEE "AS IS". ALL EXPRESS

OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES,

INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY,

SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR

NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT

THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

THIS SOFTWARE IS NOT FAULT TOLERANT AND SHOULD NOT BE

USED IN ANY ENVIRONMENT WHICH REQUIRES THIS, SUCH AS

ON-LINE CONTROL OF AIRCRAFT.

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, AUTHOR'S

AGGREGATE LIABILITY TO LICENSEE OR TO ANY THIRD PARTY FOR

CLAIMS RELATING TO THIS AGREEMENT, WHETHER FOR BREACH

OR IN TORT, WILL BE LIMITED TO THE FEES PAID BY

LICENSEE FOR SOFTWARE WHICH IS THE SUBJECT MATTER OF

THE CLAIMS. IN NO EVENT WILL AUTHOR BE LIABLE FOR ANY

INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL

DAMAGE IN CONNECTION WITH OR ARISING OUT OF THIS

AGREEMENT (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS,

USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT

ARISES, WHETHER FOR BREACH OR IN TORT, EVEN IF AUTHOR

HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH

DAMAGE. LIABILITY FOR DAMAGES WILL BE LIMITED AND

EXCLUDED, EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR IN

THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.

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