End User License Agreement (Updated on April 20, 2021)
IMPORTANT, PLEASE READ CAREFULLY: THIS END USER LICENSE AGREEMENT “EULA” IS A LEGAL AGREEMENT BETWEEN YOU (AS AN INDIVIDUAL OR ENTITY, “YOU” THE “CUSTOMER”) AND ULIMITBYTE, INC. (“ULIMITBYTE”), FOR PRODUCTS AND SERVICES, WHICH MAY INCLUDE SERVICE, COMPUTER SOFTWARE AND ASSOCIATED DOCUMENTATION (“SERVICE”). BY INSTALLING OR OTHERWISE USING THE SOFTWARE OR RECEIVING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE WITH THE TERMS OF THIS EULA, DO NOT USE THE SOFTWARE OR SERVICES.
1.0 License Grant. This EULA grants you, the user, a non-exclusive, non-transferable license to use the Service, for your internal business purposes (and not for managing third party data unless the product you have licensed expressly permits you to) under the terms and conditions stated herein. The Service is to be used, and deployed in accordance with the specific pricing policy you purchased, a description of the pricing policy can be found at https://www.dedupfs.com/index.php#pricingSection (“Pricing Policy”). This EULA and the Pricing Policy can be updated from time to time, in ULimitByte’s sole discretion and will be made available at www.dedupfs.com
2.0 Permissible Use. You may use the Service for the number of licenses or capacity that you have purchased. You are permitted to make copies of the Service and documentation for your own use in accordance to EULA and Licensing Policy. Any copies or partial copies of Service and documentation that you make must incorporate all patent, copyright and trademark notices.
3.0 Prohibited Use. You may not (a) process third party data (as a service provider), provide commercial hosting services, sell, sublicense, rent or lease the Service to another party without purchasing the specific ULimitByte license to do so, (b) use the Service in violation of any applicable laws or regulations, or (c) make available the Service or your license file on any type of public sharing website or forums. You agree that you may not disclose, transfer or otherwise make available the results of any performance or functionality tests of the Service, to any third party without the prior written consent of ULimitByte.
4.0 Evaluation License. Service may be provided to you for beta, demonstration, test or evaluation purposes. The license granted under an Evaluation, Free Trial or Beta shall be for a term of seven (7) days (the “Evaluation Period”) unless otherwise provided by ULimitByte, limited specifically for evaluation or demonstration purposes only. You agree not to use the Service under an Evaluation License in a production environment or for production data processing purposes and your use of a Beta, Free Trial or Evaluation License Service is at your sole risk to backup data. There is no obligation to support, maintain or provide any assistance regarding any of these licenses. In no event will ULimitByte be liable for any damages for any claim or cause for any direct, actual, indirect damages, loss of data, consequential, incidental or special indirect damages, even if ULimitByte has been advised of the possibility of such damages.
5.0 Free Licenses and Community Licenses. Free and Community License products can be used in your own production environment in accordance with the terms and conditions of this Agreement. You may not use the Free and Community Licenses to provide services to third parties or to process third party data. These versions can be used without additional purchase and can be upgraded to paying versions of the products to unlock additional functionality and features. There is no obligation to support, maintain or provide any assistance regarding any of these licenses. In no event will ULimitByte be liable for any damages for any claim or cause for any direct, actual, indirect damages, loss of data, consequential, incidental or special indirect damages, even if ULimitByte has been advised of the possibility of such damages.
6.0 Maintenance and Support (“Maintenance”) for the Service is available and provided through email. Maintenance will commence upon the date your order is processed and the license file is generated. You will receive service updates, enhancements or improvements through the email address you provided to ULimitByte.
7.0 Technical Information Collection. You agree that ULimitByte may, for business purposes and improving the Service, collect, process and use technical information that is gathered as part of any product maintenance and support services provided to you, and any other technical information you provide to ULimitByte, provided that such information does not identify You, a specific individual, or contain any personally identifiable information. By providing technical data and information to ULimitByte, you consent to ULimitByte’s storage and processing of such technical information for purposes of providing Service and support to you.
9.0 Capacity Limitations in Service. For certain Service, your use of the Service may be limited by the capacity purchased. In the event you exceed the purchased capacity, the Service may not process additional workloads beyond the maximum capacity until you purchase additional capacity.
10.0 Intellectual Property Rights. All right, title and interest to the intellectual property rights in and to the Service, and any copies that you are permitted to make, are owned by ULimitByte and / or its licensors and is protected by United States and other country patent, copyright, trade secret and other laws and international treaties. Such licensors, in addition to any other rights or remedies available to them, are third party beneficiaries of this EULA for their respective software. This Service is LICENSED, NOT SOLD. The purchase of the Service license, is non-returnable and non-refundable. The Service is protected by patents, and certain trademarks and logos used in the Service are protected by trademarks. A list of patents and trademarks can be found at www.dedupfs.com.
11.0 Audit. During the term of this Agreement, ULimitByte may, during normal business hours and upon reasonable prior notice to End User, inspect the files, equipment and facilities of End User to verify End User's compliance with this EULA.
12.0 Limited Warranty and Limitation of Liability. ULimitByte warrants that it has the right and authority to grant the License under this EULA. ULimitByte will defend or, at its option, settle any action against End User based upon a claim that its use of the Service infringes any patent, copyright or other intellectual property right of a third party, and will indemnify End User against any amounts awarded against End User as a result of the claim, provided ULimitByte is promptly notified of the assertion of the claim and has control of its defense or settlement. ULimitByte warrants that the Service, in its unmodified form as initially delivered or made available to End User, will perform substantially in accordance with the Documentation for a warranty period of ninety (90) days from the date the Service is delivered to End User. This warranty does not apply to Licenses under sections 4.0 and 5.0. In the event the Servie fails in a material respect to operate in accordance with the Documentation during the warranty period and ULimitByte is unable to correct the defect, ULimitByte’s sole and exclusive liability and End User’s sole and exclusive remedy shall be a refund of the License fee, if any, paid by End User for the Service . In the event a reported problem with the Service is End User’s fault, End User agrees to reimburse ULimitByte for its correction efforts in accordance with its then standard rates. The foregoing limited warranty will not apply if failure of the Service is the result of damage or misuse caused by End User. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, THE SOFTWARE IS PROVIDED 'AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY THAT THE SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ULIMITBYTE OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY ULIMITBYTE DISTRIBUTORS OR RESELLERS, SHALL CREATE ANY WARRANTY IN ADDITION TO, OR IN ANY WAY INCREASE THE SCOPE OF, THE LIMITED WARRANTY. In no event will ULimitByte, its affiliates, resellers, or distributors or suppliers be liable for any indirect, special, incidental or consequential damages arising out of the use of or inability to use the Service, including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereof.
13.0 General. This Agreement sets forth ULimitByte's entire obligation and End User’s exclusive rights with respect to the Service and, except to the extent otherwise specifically provided in a purchase order or other written communication or advertising signed or jointly issued by both parties with respect to the Service, supersedes any conflicting terms of any purchase order and any other communication or advertising with respect to the Service . No failure of either party to exercise or enforce any of its rights under this EULA will act as a waiver of those rights. If any provision of this EULA is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of this EULA will not be affected. This Agreement and the underlying licenses may not be assigned without completely removing the software installation from the assignor, notifying and providing ULimitByte with the assignee contact information (for support purposes), and is subject to the assignee agreeing to and complying with the terms and conditions of this Agreement and the Licensing Policy.