IVYBACKUP SOFTWARE LICENSE AGREEMENT
Last updated 18th July, 2018
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE.
The Kudu Computing Ltd Software, including any content, and documentation accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the “THE SOFTWARE”) are licensed, not sold, to you by Kudu Computing Ltd (“KUDU COMPUTING”) for use only under the terms of this License, and KUDU COMPUTING reserves all rights not expressly granted to you. The rights granted herein are limited to KUDU COMPUTING’s intellectual property rights in THE SOFTWARE and do not include any other patents or intellectual property rights. You own the media on which THE SOFTWARE is recorded but KUDU COMPUTING retains ownership of THE SOFTWARE itself. The terms of this License will govern any software upgrades provided by KUDU COMPUTING that replace and/or supplement the original THE SOFTWARE product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
By accessing or using any part of the IvyBackup software, website or service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not use the IvyBackup software, access the IvyBackup website or use any related services. The IvyBackup software, website, and any related service is available only to individuals who are at least 18 years old.
KUDU COMPUTING reserves the right, at its sole discretion, to modify or replace any part of this Agreement. Your continued use of the IvyBackup software or access to the IvyBackup website and related services, following the posting of any changes to this Agreement, constitutes acceptance of those changes. KUDU COMPUTING may also, in the future, offer new features and/or services through the IvyBackup software or website. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
2. PERMITTED LICENSE USES AND RESTRICTIONS
All rights, title, and interest, in the copyright in THE SOFTWARE (including any adaptations or copies) are the sole and exclusive property of Kudu Computing Ltd. Only the User License is purchased by you. You agree not to translate, adapt, modify, disassemble, decompile, reverse engineer or create derivative works based on THE SOFTWARE.
If you are using the trial version of THE SOFTWARE, you may convert the trial license to a fully functional active license (the “User License”) by paying Kudu Computing Ltd the required license fee, on receipt of which you will receive a license key which will constitute your license (on the terms herein contained) to use THE SOFTWARE.
You are responsible for maintaining the confidentiality and security of your license key, and related license or login information. When purchasing an IvyBackup license, you must provide a valid email address.
You may not rent, lease, lend, or sublicense THE SOFTWARE. You may make back-up copies of THE SOFTWARE for archival purposes.
A. You must use a valid credit card to purchase an IvyBackup license.
B. For any upgrade or downgrade in your license, the credit card that you provided to us will be automatically charged the new rate.
C. If your credit card payment information is entered in error or does not go through for processing, and you do not update payment information upon our request, we may cancel your purchase request.
D. Unless otherwise stated, our charges do not include any taxes or similar governmental assessments by any local, state, provincial or foreign jurisdiction. You are responsible for paying all such taxes except those assessable against us based on our income. We will invoice you for such taxes if we believe we have a legal obligation to do so.
Technical support is available to IvyBackup users. To reach IvyBackup support, contact us by e-mail at:
We provide support Monday through Friday, 9AM to 6PM CET. We do not provide support on days designated as national holidays in the United States. We generally respond within one business day. Support is provided on a “best efforts” basis; you acknowledge that we may not be able to resolve every technical support request.
This License is effective until terminated. Your rights under this License will terminate automatically without notice from KUDU COMPUTING if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of THE SOFTWARE and destroy all copies, full or partial, of THE SOFTWARE.
KUDU COMPUTING may terminate your access to all or any part of the IvyBackup software, website, and any related service at any time, with or without cause, with or without notice, effective immediately. We reserve the right to refuse service to anyone, for any reason, at any time. We reserve the right to discontinue the IvyBackup software, related services, or any of its parts, temporarily or permanently, at any time, with or without notice.
If you wish to terminate this Agreement, you may simply discontinue using the IvyBackup software, website and any related services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You grant us the right to include your and your company’s name as a customer on our website and other advertising and promotional materials. Should you submit a request to remove the reference to your or your company’s name from our website or promotional materials, we will remove those references within thirty days of receiving your request.
7. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE AND ANY RELATED SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND KUDU COMPUTING AND KUDU OMPUTING’S LICENSORS (COLLECTIVELY REFERRED TO AS “KUDU COMPUTING”) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. KUDU COMPUTING DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SOFTWARE WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY KUDU COMPUTING OR A KUDU COMPUTING AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL KUDU COMPUTING BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL,SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF KUDU COMPUTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Kudu Computing’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of ?fty dollars ($50.00 USD). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL KUDU COMPUTING BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF KUDU COMPUTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Kudu Computing’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of ?fty dollars ($50.00 USD). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You agree to indemnify and hold KUDU COMPUTING and its officers, directors, employees, shareholders and agents, harmless from any claim, demand, liability, loss, damage, cost and expense, including attorneys’ fees, arising from or relating to your use of and access to the IvyBackup software, related services, or website, your breach of this Agreement, or your violation of any law.
10. Complete Agreement; Governing Language
This License constitutes the entire agreement between the parties with respect to the use of THE SOFTWARE licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modi?cation of this License will be binding unless in writing and signed by KUDU COMPUTING. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.