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LICENSE-commercial.txt
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LICENSE-commercial.txt
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License Agreement for Manent Backup Software
--------------------------------------------
Introduction
------------
This "General Terms" section of the license agreement contains the general terms
that apply to all users of the commercial version of Manent Backup Software (the
Product).
If you have any questions with regard to this license that may affect your use
of the Product, you must stop using the Product immediately, until these
questions are answered in a way that permits your use of this Product.
General Terms
-------------
THIS LICENSE AGREEMENT IS BETWEEN YOU (THE "USER") AND ALEX GONTMAKHER (THE
"AUTHOR"). THE MANENT BACKUP SOFTWARE (TOGETHER WITH ITS ACCOMPANYING
DOCUMENTATION, THE "PRODUCT") IS THE PROPERTY OF THE AUTHOR AND IS PROTECTED
BY INTERNATIONAL COPYRIGHT LAWS. THE PRODUCT IS MADE AVAILABLE TO YOU, THE
ORIGINAL PURCHASER, SUBJECT TO THE FOLLOWING LICENSE AGREEMENT ("LICENSE").
PLEASE READ THIS LICENSE CAREFULLY BEFORE INSTALLING OR USING THE PRODUCT.
A COPY OF THIS LICENSE IS AVAILABLE FOR YOUR FUTURE REFERENCE IN THE
"LICENSE.TXT" FILE PROVIDED WITH THE PRODUCT.
This license is granted to you, if and only if you purchased this product
directly from the author's website or through an authorized reseller and your
name appears in the license key sent to you by the author. If you have obtained
the product in any other way, this license does not hold for you and you may not
use the product.
The author may also provide the user the Product at no cost and/or without
a personal license key. The terms of this license apply to such users as
if they have purchased the license directly from the author for the price
of US$0.00.
The author grants you a non-exclusive, nontransferable license to use one copy
of the product for your personal use on the understanding that a single person
uses each licensed copy. Purchasers of this product are therefore licensed to
use it themselves on one computer at a time and to make a single backup copy
for their own use. Purchasers of this product may also install the product for
unattended operation on a computer network, provided an "unattended use" license
is acquired for each machine on the network. The actual number on "unattended
use" licenses is specified in the purchase order and/or in the invoice. No other
license is given. In particular, the product may not be used by more than one
person unless a corresponding number of valid licenses is acquired.
You acknowledge and agree that: (a) the product is protected under international
and U.S. copyright and other laws; (b) the author retains all copyrights and
other intellectual property rights in the product. You may not: (a) modify,
adapt, alter, translate, or create derivative works of the product or merge the
product with other software other than under the terms of the "Source code
availability" section; (b) lease, rent or loan the product to any third party;
(c) sublicense, distribute or otherwise transfer the product or any component
thereof to any third party without an explicit written permission from the
author; (d) remove, alter, or obscure any confidentiality or proprietary notices
(including copyright and trademark notices) that appear in the product and its
documentation; or (e) disclose or publish license keys that enable product
functionality.
The author provides no warranty or guarantee of any kind with regard to the
product's operation. All defects in the product, if there are any, should be
identified by you during the standard evaluation period. By accepting the
license you agree that the product that may contain known and unknown defects.
The author will correct the reported defects on a best effort basis, and makes
no guarantee about whether these defects will be fixed or the time frame of
their correction.
THE PRODUCT IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. THE AUTHOR
HEREBY EXCLUDES AND DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING
ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY,
NON-INFRINGEMENT, TITLE, RESULTS, EFFORTS OR QUIET ENJOYMENT. THERE IS NO
WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE OR WILL FUNCTION WITHOUT
INTERRUPTION. YOU ASSUME THE ENTIRE RISK FOR THE RESULTS OBTAINED USING THE
PRODUCT. TO THE EXTENT THAT THE AUTHOR MAY NOT DISCLAIM ANY WARRANTY AS A MATTER
OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM
PERMITTED UNDER SUCH LAW.
IN NO EVENT THE AUTHOR WILL BE LIABLE TO ANY PARTY FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY COSTS OF
PROGRAM ERRORS, LOSS OF PROFIT, REVENUE, BUSINESS OPPORTUNITY OR DATA,
NON-COMPLIANCE WITH APPLICABLE LAWS OR UNAVAILABILITY AND INTERRUPTION OF
OPERATIONS, ARISING FROM OR RELATING TO THIS LICENSE OR THE PRODUCT, WHETHER
IN CONTRACT, IN TORT OR OTHERWISE, EVEN IF THE AUTHOR KNEW, SHOULD HAVE KNOWN
OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The product is not intended for use, and you may not use or allow others to use
the product, in connection with any application requiring fail-safe performance
such as the operation of nuclear power facilities, air traffic control or
navigation systems, weapons control systems, life support systems, or any other
system whose failure could lead to injury, death, environmental damage or mass
destruction. You agree that the author will have no liability of any nature,
and you are solely responsible, for any expense, loss, injury or damage incurred
as a result of such use of the product.
This License will be governed by and construed in accordance with the laws of
the State of Israel. You agree that all claims and disputes shall be brought
exclusively to the Jurisdiction of the Peace Court of Tel Aviv, Israel.
Source code availability
------------------------
This section applies to the source code of the product that you have received.
Throughout this section, "Source code" refers to all parts of the product that
are distributed in a human readable format, including, but not limited to,
Python source files (with .py extension), scripts and batch files.
Under the terms of this license you may execute the source code to achieve
product functionality only as described in the accompanying documentation.
You may read the source code for the sake of learning and debugging.
You may not: (a) share the source code of the product with another person
or organization; (b) discuss the implementation details of the product found
in the source code with another person or (c) publish any information related
to product functionality that can be obtained by reading the code; (d) reverse
engineer, decompile, disassemble, or otherwise attempt to derive the source code
of parts of the products that were not distributed in the form of source code;
You acknowledge that although parts of the program were provided to you in the
form of source code, the author retains all the copyrights of the Product.
Based on your understanding of the source code and product's functionality you
may create scripts and introduce minor modifications to the source code, as long
as they do not affect the product's intended functionality and purpose. You
may not share such scripts or modifications with any person or organization,
except the product's author.
Contributing patches
--------------------
You can send your source code modifications to the Author to introduce
improvements and fixes to the Product. By sending such modifications to the
Author you (a) assign him full, non-exclusive, copyright ownership of the
modified code; (b) declare that the modifications do not violate the
intellectual property rights and/or copyrights of another person or organization
and in case of such violation (c) will cover Author's legal expenses, payments
to any 3rd party and other associated charges.
Special Terms Regarding Evaluation Licenses
-------------------------------------------
The evaluation version of the product is covered by the same license terms as
the commercial version, with the following exceptions: (a) The evaluation
version is provided to you at no cost for the purpose of evaluating the product;
(b) You may use the product only during the evaluation term that is provided to
you by the author.