BakBone Software®, Inc. makes the information and products available to you
on this website, subject to the following terms and conditions. By
accessing this website you agree to these terms and conditions. BakBone
reserves the right to seek all remedies in law and in equity for any
violation of these terms and conditions. Any rights not expressly granted
herein are reserved.
GENERAL ADVISORY
The information on this website may contain technical inaccuracies or
typographical errors and may be changed or updated without notice. BakBone
Software®, Inc. and its affiliates, including, without limitation, its
parent, subsidiaries, successors and assigns and all entities mergered into or
with BakBone Software®, Inc. may also make improvements and/or changes in the
products and/or programs described on this website at any time without
notice.
All software that is made available from this website ("software"), is
protected by copyright laws and/or international copyright treaties, and
other intellectual property laws and treaties. The software is licensed, not
sold. All title and copyrights in and to the software, and any copies
thereof, are owned by BakBone Software®, Inc.
All demonstration or evaluation software is provided for educational,
evaluation, personal and internal use only and may not be used for
commercial, development or production purposes. In addition, such software
may be time-disabled. This means that all software functions and
features will shut down after a period of time. BakBone is not liable
for any damage or loss whatsoever including without limitation, data loss that may result from such disabling.
Use of the software is governed by the terms of the end-user license
agreement, if any, which accompanies or is included with the Software
("End-User License Agreement"). An end-user will be unable to download
and/or install any Software that is accompanied by or includes an End-User
License Agreement, unless he or she first accepts the terms of the End-User
License Agreement. Where Software is not accompanied by an End-User License
Agreement, the terms and conditions set forth on this web page shall govern.
Any unauthorized reproduction or redistribution of the Software is expressly
prohibited by law, and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible. COPYING OR
REPRODUCTION OF THE Software ANYWHERE AND FOR FURTHER REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PROHIBITED WITHOUT BAKBONE SOFTWARE®, INC.'S
PRIOR WRITTEN CONSENT.
LINKS TO THIRD PARTY WEBSITES
There are links on this site that will permit you to travel to other, third
party websites over which BakBone Software®, Inc. has no control. As such,
BakBone Software®, Inc. makes no representations of any kind about the
content of any of these other websites, or about any of the links contained
in the sites which you may access through this BakBone Software®, Inc.
website. BakBone does not endorse or accept any responsibility for the
content, or use, of any such linked websites.
There are inherent dangers in the use of any Software available for
downloading on the Internet, and BakBone Software®, Inc. hereby admonishes
you to make sure that you completely understand all of the risks before
downloading any of the Software (including without limitation, the potential infection of your
system by computer viruses and loss of data). You are solely responsible for
adequate protection and backup of the data and equipment used in connection
with any of the Software.
U.S. GOVERNMENT RIGHTS
Any Software which is downloaded from this website for or on behalf of the
United States of America, its agencies and/or instrumentalities ("U.S.
Government"), is provided to the U.S. Government as commercial computer
Software under all relevant laws and statutes of the United States, and in supplements of various U.S. government
agencies, as applicable), and the restrictions set forth on the License
Agreement and/or this web page. The manufacturer is BakBone Software®, Inc. and/or
its affiliates, including without limitation its parent, subsidiaries,
successors and assigns and all entities merged into or with BakBone
Software®, Inc. 10145 Pacific Heights Boulevard, Suite 500, San Diego,
California 92121, USA
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BAKBONE
SOFTWARE®, INC. BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY GENERAL, DIRECT,
SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER
DAMAGES OF ANY KIND, WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE
OR USE OF THIS WEBSITE OR ANY OTHER HYPERLINKED WEBSITE, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. SOME STATES/JURISDICTIONS DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, AND, AS SUCH, THIS PROVISION MAY NOT APPLY IN THOSE
STATES/JURISDICTIONS.
NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THE END-USER LICENSE AGREEMENT, THERE IS NO
WARRANTY FOR THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, THE SOFTWARE, AND ANY INFORMATION ON THIS WEBSITE, IS PROVIDED "AS IS"
WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND,
EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT
LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR
PURPOSE. BAKBONE DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN
BY BAKBONE SOFTWARE®, INC. OR ANY BAKBONE SOFTWARE®, INC. AUTHORIZED
REPRESENTATIVE SHALL CREATE A WARRANTY. SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, AND, AS SUCH, THIS PROVISION MAY
NOT APPLY IN THOSE STATES/JURISDICTIONS.
EXPORT CONTROLS
None of the Software or underlying information or technology may be
downloaded or otherwise exported or re-exported in violation of the laws and
administrative regulations of the United States or any other applicable
jurisdiction; or to anyone on the U.S. Treasury Department's List of
Specially Designated Nationals or the U.S. Commerce Department's Table of
Deny Orders. By downloading, installing or using the Software, you are
agreeing to the foregoing and you are representing and warranting that you
are not located in, under the control of, or a national or resident of any
such country.
FEEDBACK
Any comments or materials sent to BakBone Software®, Inc., including
without limitation feedback, such as questions, comments, suggestions or any related
information regarding the Software, this website or any other products,
programs or services of BakBone Software®, Inc. ("Feedback"), shall be deemed
to be non-confidential. BakBone Software®, Inc. shall have no obligation of
any kind with respect to such Feedback and shall be free to reproduce, use,
disclose, exhibit, display, transform, create derivative works and
distribute the Feedback to others without limitation and shall be free to
use any ideas, concepts, know-how or techniques contained in such Feedback
for any purpose whatsoever, including but not limited to developing,
manufacturing and marketing products incorporating such Feedback.
Any authorized reproductions of any of the information contained herein must
include copyright notices, trademarks or other proprietary legends of
BakBone Software®, Inc. on any copy of the materials made by you. The license
for the Software and use of this website is governed by the laws of the
State of California, United States, without reference to conflict of laws
provisions or the United Nations 1980 Convention on Contracts for the
International Sale of Goods and any amendments thereto.
This website may contain other proprietary notices and copyright
information, the terms of which must be observed and followed.
For questions, problems or comments, contact BakBone Software®, Inc., 10145
Pacific Heights Boulevard, Suite 500, San Diego, California 92121,USA (858) 450-9009.
