ArGest Backup User Guide

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ArGest Backup License Agreement

Other World Computing, Inc.
LICENSE AGREEMENT

This License Agreement (“Agreement”), provided by The Other World Computing, Inc. (“OWC”), governs the use of the object code version of the ArGest® and BRU™ brand computer software, documentation and materials accompanying this Agreement or otherwise provided in connection herewith (collectively, “Software”), owned by OWC, by the person or entity (“Client”) that has agreed with the license terms outlined below. For purposes of this Agreement, Software may be ArGest BRU Core, ArGest Server, Safe Migrate, ArGest Backup, ArGest Tape Tools, ArGest IngestPRO or other licensed ArGest or BRU application.

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IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT INSTALL OR USE THE SOFTWARE.
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1. LICENSE AND USE RESTRICTIONS.

Subject to all other terms of this Agreement including the payment of any applicable fees, OWC hereby grants to Client a non-exclusive, non-transferable license, without the right to grant sublicenses, to use one (1) copy of the Software solely for Client’s own, internal purposes on one system. If the Software is BRU-PE (Personal Edition), this license is granted for non-commercial use only (For purposes of this Agreement, noncommercial use means solely for the personal use of the natural person who is the licensee hereunder not utilizing the software license as part of a job while working for a company or organization).

The foregoing license includes the right of Client to make a reasonable number of copies of the computer programs contained in the Software solely for backup and archival purposes; provided, however, that all such copies shall be deemed Software for purposes of this Agreement. The foregoing license shall terminate immediately and without notice for any breach of this Agreement by Client, including any failure to pay fees when due. Upon any such termination, Client shall immediately destroy or delete any and all Software and promptly confirm in writing that Client has done so.

For Safe Migrate, this license is assigned to one specific computer system and may not be used on multiple systems even when not being used on the original system except as outlined in the transferability clause below. If cloning more than one system, one license is required for each system to be cloned.

Transferability to a new computer system is permitted when the original system upon which a given license is currently installed is to be retired, decommissioned, or otherwise taken out of daily utilization by the originally licensed client. It is permissible to retain use of the licensed software on the original system for a period of overlap required to allow the transfer of data from the original system to the replacement system. Once the license has been transferred to the replacement system and the replacement system is placed in normal use, the license must be removed from the original system. At no other time is it allowable to utilize the same software license on two or more different computers at the same time.

The Software is and shall remain the sole and exclusive confidential and proprietary property of OWC, subject to protection under the intellectual property laws of the United States and those throughout the world. Client agrees not to use or disclose the Software, during and after the term of this Agreement, except as expressly permitted by this Agreement. Client further agrees not to modify the Software, remove any notices or markings on the Software, or reverse compile, reverse assemble, reverse engineer or otherwise attempt to learn or disclose the trade secrets contained in the Software, transfer the Software in whole or in part over a network, or permit any third party to do any of the foregoing. Nothing in this Agreement shall be construed as conferring any license under any of OWC’s intellectual property rights, whether by estoppel, implication, or otherwise, except for those licenses expressly granted herein.

2. WARRANTY AND DISCLAIMER.

OWC warrants that for a period of sixty (60) days from the date of receipt by Client of the Software, the media on which the Software was delivered shall be without defects in materials or workmanship. OWC agrees to replace any defective media which is returned to OWC within the foregoing sixty (60) day period. OWC may make available to the Client additional services, including updates, enhancements, or improvements of or to the Software, under a separate written agreement, and for additional payment.

THE FOREGOING WARRANTY IS THE ONLY WARRANTY GIVEN HEREUNDER. EXCEPT AS OTHERWISE PROVIDED ABOVE, THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTY WHATSOEVER. ALL EXPRESS, IMPLIED OR STATUTORY CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED.

Some states do not allow the disclaimer of implied warranties, so the foregoing limitations may not apply to you.

3. LIMITATION OF LIABILITY.

OWC SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING UNDER THIS AGREEMENT OR IN CONNECTION WITH THE SOFTWARE, REGARDLESS OF WHETHER ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF OWC HEREUNDER EXCEED THE SUM OF ONE HUNDRED DOLLARS ($100), REGARDLESS OF THE CAUSE OF ACTION, IN TORT, CONTRACT OR OTHERWISE.

4. GENERAL.

Any action related to this Agreement shall be governed by the substantive laws of the State of Arizona, without regard to conflicts of law principles. The State and Federal courts located in Maricopa County, Arizona, shall have sole jurisdiction over any dispute arising hereunder, and the parties hereby consent to the personal jurisdiction of such courts. Neither this Agreement, nor any rights hereunder, may be assigned by operation of law or otherwise, in whole in part, by Client without the prior, written permission of OWC. Any sale of more than fifty percent (50%) of the common voting stock of, or other right to control, Client shall be deemed an assignment. Any purported assignment without such permission shall be void.

Any waiver of any rights of OWC under this Agreement must be in writing, signed by OWC, and any such waiver shall not operate as a waiver of any future breach of this Agreement. In the event any portion of this Agreement is found to be illegal or unenforceable, such portion shall be severed from this Agreement, and the remaining terms shall be separately enforced. The parties agree that any breach or threatened breach of this Agreement by Client is likely to cause OWC damage that is not fully reparable by payment of damages, and further agree that in such case OWC shall be entitled to seek and obtain injunctive or other equitable relief to protect its rights hereunder. Client’s performance hereunder and use of the Software shall at all times comply with all applicable laws, rules and regulations, including those governing export of technical information, and Client shall fully indemnify, defend and hold harmless OWC against any violation thereof. This Agreement is the entire agreement between the parties with respect to this subject matter, and supersedes any and all prior or contemporaneous, conflicting or additional communications, negotiations or agreements.

The Other World Computing, Inc.
8 Galaxy Way
Woodstock, IL 60098
bruinfo@owc.com