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Licenční smlouva s koncovým uživatelem (EULA) - pro uživatele domácích verzí software Acronis

BEFORE USING THE ACRONIS SOFTWARE ("SOFTWARE") OR ACRONIS ONLINE BACKUP SERVICE ("SERVICE"), YOU SHOULD CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT ("AGREEMENT") THAT APPLIES TO THE SERVICE. THIS AGREEMENT GOVERNS YOUR USE OF ANY SOFTWARE, INCLUDING ANY UPDATES THAT MAY BE PROVIDED TO YOU AND ANY ACCOMPANYING WRITTEN DOCUMENTATION AND THE ("SERVICE"). BY REGISTERING FOR THIS SERVICE YOU FULLY ACCEPT AND AGREE TO ALL OF THE PROVISIONS OF THIS AGREEMENT. OTHERWISE, PLEASE DO NOT REGISTER FOR THIS SERVICE. REGISTERING FOR THE SERVICE OR OTHERWISE USING THE SERVICE ESTABLISHES A BINDING AGREEMENT BETWEEN YOU AS THE PERSON USING THE SERVICE ("LICENSEE") AND ACRONIS INTERNATIONAL GMBH LOCATED AT: VERWALTUNG EURO HAUS RHEINWEG 9, SCHAFFHAUSEN, CH-8200, SWITZERLAND, ("LICENSOR"). IF YOU DO NOT ACCEPT ALL OF THE TERMS OF THIS AGREEMENT, YOU SHALL HAVE NO RIGHT TO DOWNLOAD OR USE THE SOFTWARE OR SERVICE.

You acknowledge and agree that Acronis may occasionally send you administrative communications regarding your account or the Software and/or Service via email. Please see the Acronis Privacy Policy, which is incorporated into this Agreement by reference.

TERMS AND CONDITIONS

ACCOUNTS, PASSWORDS, AND SECURITY

The Software and Service are intended and offered only for lawful use by individuals or organizations with the legal capacity and authority under applicable law to enter into a contract for such products or services. Acronis does not offer the Software or Service to minors or where prohibited by law. By registering for and/or by using the Software and/or Service, you represent and warrant that you have the legal capacity and authority to enter into a binding agreement to adhere to this Agreement, and that you will use the Software or Service only in accordance with these Terms and Conditions and with all applicable laws. If an individual is registering or using the Software or Service on behalf of an entity or organization, that individual warrants, represents, and covenants to Acronis that such individual is duly authorized to agree to these Terms and Conditions on behalf of the organization and to bind the organization to them. You agree to provide accurate and complete information when you register for the Service and you agree to keep such information accurate and complete during the entire time that you use the Service. You must be a registered user to access the Service. You are solely responsible for any consequences arising in whole or in part out of your failure to maintain the confidentiality of your username and/or password. You will be solely responsible and liable for any activity that occurs under your user name. You may access the Software or Service only through the interfaces and protocols provided or authorized by Acronis. You agree that you will not access the Software or Service through unauthorized means, such as unlicensed software clients. Certain Software or Service backup only certain types of files. You agree not to circumvent these limitations in any way, including but not limited to, changing file extensions or header information.

If you lose your password or the encryption key for your account, you may not be able to access your data. You are solely responsible for protecting the information on your computer such as by installing anti-virus software, updating your applications, password protecting your files, and not permitting third party access to your computer. You understand that the Software or Services may back-up files that are no longer usable due to corruption from viruses, software malfunctions or other causes. This might result in you restoring files that are no longer usable.

CUSTOMER EXPERIENCE PROGRAM

Acronis has instituted an Acronis Customer Experience Program (CEP), the details of which can be found at http://www.acronis.eu/company/cep-policy.html, which also contains information regarding your ability to opt in/opt out of the CEP.

ACCEPTABLE USE AND CONDUCT

You are solely responsible for your conduct and your data related to the Service. The Software and Service are made available to you only for your personal use, which use must be in compliance with all applicable laws, rules and regulations and must not infringe or violate third party rights. You may not make commercial use of the Software or Service, including but not limited to selling or distributing the Software and/or Service to any third party. Any unauthorized use of any Acronis computer system is a violation of this Agreement and certain federal and state laws. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties.

You may not use the Software or Service for any unlawful purpose. Without limiting generality of the foregoing:

(a) The Software or Service may not be used to store, backup, or distribute child pornography and may not be used in violation of U.S. export control laws or the export or import regulations of other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain licenses to export, re-export, or import as may be required.

(b) You may not use the Software or Service if you are a citizen, national, or resident of, or are under control of, the government of Cuba, Iran, Sudan, Libya, North Korea, Syria, or any other country to which the United States has prohibited export. Each time you use the Software or Service you represent, warrant, and covenant that: (i) you are not a citizen, national, or resident of, nor under the control of, any such country to which the United States has prohibited export; (ii) you will not download or otherwise export or re-export the Software, directly or indirectly, to the above mentioned countries nor to citizens, nationals or residents of those countries; (iii) you are not listed on the U.S. Department of Treasury's Lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, the U.S. Department of State's List of Statutorily Debarred Parties, or the U.S. Department of Commerce's Denied Persons List, Entity List, or Unverified List Table of Denial Orders; (iv) you will not download or otherwise export or re-export the Software, directly or indirectly, to persons on the above mentioned lists; (v) you will neither use nor allow the Software to be used for, any purposes prohibited by United States federal or state law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical, or biological weapons of mass destruction; (vi) the Software will not be exported, directly, or indirectly, in violation of these laws, nor will the Software or Services be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation; and (vii) you are not using or permitting others to use the Software or Service to create, store, backup, distribute, or provide access to child pornography.

Acronis may block your access to your backup data and/or terminate your use of the Software or Service if Acronis reasonably believes that the backup data may contain child pornography or are being used to support other types of illegal activities, if providing the Software or Service to a person located in a particular country would violate U.S. or other applicable law, or if your continued use of the Software or Service may damage, disable, overburden, or impair our servers or networks.

Acronis will not decrypt your files unless i) it reasonably believes that it must do so to troubleshoot problems with the Service or ii) it reasonably believes it must do so in order to comply with any law, subpoena, warrant, order, or regulation. Acronis may also provide access to your data to government authorities if Acronis suspects or believes that the data contain child pornography or other prohibited data or that the data are being used for illegal purposes. You acknowledge that Acronis or Acronis affiliates may use servers and other equipment to provide the Software or Service that are located in the United States or in other countries where litigants, law enforcement, courts, and other agencies of the government may have the right to access data stored within their jurisdictions upon terms and conditions provided by local law, and that as a result, they may gain access to your backup data as provided by applicable local law.

You agree to indemnify, defend, and hold harmless Acronis, its officers, directors, employees and its suppliers from any and all loss, cost, liability, and expense arising from or related to your data, your use of the Service, or your violation of these terms. You agree to reimburse Acronis for any costs or fees related to its enforcement of this Agreement, including without limitation the expert fees and attorney fees regularly charged by the experts and legal counsel chosen by Acronis.

FAIR USE POLICY

ACRONIS SHALL HAVE THE ABSOLUTE AND UNILATERAL RIGHT IN ITS SOLE DISCRETION TO DENY USE OF AND ACCESS TO ALL OR ANY PORTION OF THE SOFTWARE OR SERVICE TO USERS WHO ARE DEEMED BY ACRONIS TO BE USING THE SOFTWARE OR SERVICE IN A MANNER NOT REASONABLY INTENDED BY ACRONIS OR IN VIOLATION OF LAW, INCLUDING BUT NOT LIMITED TO SUSPENDING OR TERMINATING A USER'S ACCOUNT WITH ACROIS AND THE LICENSE TO USE THE SOFTWARE OR SERVICE.

The Software or Service is designed to serve the needs of particular types of users, i.e. individual consumers or business accounts. If you have purchased a Service that is inappropriate for your actual usage, Acronis may require you to switch to an appropriate Service. Acronis may, in our sole discretion and from time to time, establish or amend general operating practices to maximize the operation and availability of the Software or Service and to prevent abuses. As part of these practices, we reserve the right to monitor our system to identify excessive consumption of network resources and to take such technical and other remedies as we deem appropriate. Your consumption of the Service may be deemed excessive if, within any month, your usage greatly exceeds the average level of monthly usage of Acronis’ customers, generally. In the event you are deemed to have violated this policy, we reserve the right to offer an alternative pricing plan or Service that will permit you to continue to use the Service. We also reserve the right to terminate or suspend your license to use the Software or Service, without prior notice, in the event of a violation of this policy.

CONSENT TO COLLECT NON-PERSONAL INFORMATION; USE OF DATA; ENCRYPTION

The Software and Service may collect certain non-personally identifiable information that resides on your computer, including, without limitation, statistics relating to how often backups are started and completed, performance metrics relating to the Software, and configuration settings. This information collected will be sent to Acronis and may be used by Acronis without restriction. When you back up data via the Service, you agree that we and our service providers may copy and store such data as part of the Service. The Software or Service may permit you to decrypt and download backup data from any Internet enabled computer. You understand that by electing to access your files from a computer other than the one you used to create the backup data, that your backup data will be decrypted by Acronis in its data center and sent to you in a decrypted format via public infrastructure. You acknowledge that this may cause the contents of these files to become accessible to individuals other than you and that you accept this risk. You further acknowledge that depending upon the Software or Service you use or the features of the Software or Service you use that accessing your backup data from any Internet enabled computer many not be possible.

CHANGES TO THE SERVICE AND TERMS AND CONDITIONS

Acronis reserves the right at any time to modify, suspend, or discontinue providing the Service or any part thereof in its sole discretion with or without notice. However, Acronis will use commercially reasonable efforts to notify you of modification, suspension, or discontinuance of the Service either by sending an email to the email address you provide with your registration or by a posting on the acronis.com website. However, in no event will Acronis be liable to you or to any third party for any modification, suspension or discontinuance of the Service with or without notice.

From time to time, Acronis may issue new releases, revisions, or enhancements to the Software or Service available to you free of charge or for a fee. New releases, revisions or enhancements may be licensed, downloaded, and installed only to the extent that you hold a valid license to use the Software or Service being updated or upgraded, and you may use them only in accordance with Acronis’ then-current Terms and Conditions of Use and any additional license terms that may accompany them.

Acronis reserves the right at any time to modify this Agreement in its sole discretion, without liability to you. This Agreement, as amended, will be effective upon acceptance of registration for new users and effective for all existing users 15 days after the posting of any amended terms on the acronis.com website. You agree to be bound by this Agreement, as modified. If you do not agree to any changes to this Agreement, you must terminate your account immediately, which shall be your sole and exclusive remedy.

USE OF SOFTWARE

1. 

2. Online Software. Subject to the terms and conditions of this Agreement, Acronis grants you a non-exclusive, non-transferable, non-sublicensable license to, for your internal use only, install and execute one (1) copy of the Software (in executable code form only) only on a single computer and only for the purpose of accessing and using the Service.

3. General Terms Applicable to Software and Service. The Software and its structure, organization, source code, and documentation contain valuable trade secrets of Acronis and its licensors, and accordingly you agree not to (and agree not to allow third parties to) (1) sublicense, lease, rent, loan, transfer, or distribute the Software and/or Service or any derivative thereof to any third party, (2) modify, adapt, translate, or prepare derivative works from the Software or Service, (3) decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Software or Service, (4) decrypt data or extract portions of the Software's files for use in other applications, (5) remove, obscure, or alter Acronis’ or any third party's trademarks or copyright or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Software or Service, (6) use or permit the Software or Service to be used to perform services for third parties, whether on a service bureau or time sharing basis or otherwise, without the express written authorization of Acronis, or (7) publicly disseminate performance information or analysis (including, without limitation, benchmarks) from any source relating to the Software or Service. In addition, certain third party code may be provided with the Software and/or Service. The third-party license terms accompanying such code, which may be found at http://kb.acronis.com/content/7696 and in the license.txt file located in the root installation directory, and not the terms of this Section, will govern your use of such code.

You may use a license for the Software or Service, with only one computer at a time unless the Software or Services you use are explicitly designed and marketed to operate on more than one computer at a time concurrently. The type of license you have (including such variables as whether the license permits use of Software or Service on more than one computer, whether the licenses fees are based on the number of computers, volume of data, or both, and the length of the license periods, etc.) is set forth as part of the Software or Service description available at www.acronis.com. Should your license for the Software or Service you use be designed for only one computer at a time you may transfer your license to another computer in the event that you cease to use the computer on which the Software was originally installed. If you wish to protect multiple computers, you must obtain a separate paid license for each computer or you must obtain a multi-computer license which will be applicable to the number of computers stated in such license.

You agree that if i) you mark a file to no longer be backed-up, ii) you delete a file from your computer, iii) move a file to a location on your computer that is not marked for back-up, iv) you delete a computer from your Software or Service account, v) your computer is unable to access the Service, or vi) you terminate or allow your trial or license to terminate, non-renew, or otherwise lapse for any reason, that the files you have marked, deleted, moved or stored on a deleted, inaccessible, or unlicensed computer may not be available to you should you wish to restore them.

INTELLECTUAL PROPERTY

You acknowledge that Acronis or third parties own all right, title and interest in and to the Software and Service, portions thereof, or software or content provided through or in conjunction with the Software or Service, including without limitation all intellectual property rights. Except for the license granted in this Section, all rights in and to the Software and Service are reserved, and no implied licenses are granted by Acronis

If you have comments on the Software or Service or ideas on how to improve them, please email us at qaonl@acronis.com. Please note that by doing so, you also grant Acronis a perpetual, royalty-free, irrevocable, transferable license, with right of sublicense, to use and incorporate your ideas or comments into the Software or Service (or third party software, content, or services), and to otherwise exploit your ideas and comments, in each case without further compensation.

SUPPORT

Acronis is under no obligation to provide technical support under the terms of this license, and provides no assurance that any specific errors or discrepancies in the Software will be corrected.

TERM AND TERMINATION

This Agreement is effective upon your download of and access to the Software and Service and remains in effect until your account is terminated. You may terminate this Agreement at any time by destroying the Software and closing your account by following the instructions on the acronis.com website.

This Agreement automatically terminates if you fail to comply with its terms and conditions. Acronis reserves the right to refuse or discontinue participation to any user at any time at its sole discretion. You agree that, upon such termination, you will destroy and permanently erase all copies of the Software and that your access rights to the Service will immediately terminate. The terms of the Sections entitled Consent to Collect Non-Personal Information, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, and Miscellaneous will survive expiration or termination.

If this Agreement terminates, other than for your failure to comply, Acronis will use commercially reasonable efforts to make your data available for you to download for a period of three (3) days. Acronis has no obligation to provide you with a copy of your data and may remove and discard any data. You also agree that Acronis may retain your personal information and related account information for a reasonable time after your license has been terminated.

FEEDBACK FROM LICENSEE

It is expressly understood, acknowledged and agreed that Licensee shall, regardless of whether or not formally requested to do, provide to Acronis reasonable suggestions, comments and feedback regarding the Software, including but not limited to usability, bug reports and test results, with respect to Software testing (collectively, "Feedback"). Contingent upon all of the terms and conditions herein and especially upon Licensee's obligations to provide Feedback, Licensee grants Acronis, under all of Licensee's intellectual property and proprietary rights, the following worldwide, non-exclusive, perpetual, irrevocable, royalty free, fully paid up rights: (i) to make, use, copy, modify, sell, distribute, sub-license, and create derivative works of, the Feedback as part of any Acronis product, technology, service, specification or other documentation (individually and collectively, "Acronis Products"); (ii) to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell, and sell, rent, lease or lend copies of the Feedback (and derivative works thereof) as part of any Acronis Product; (iii) solely with respect to Licensee's copyright and trade secret rights, to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties; and (iv) to sublicense to third parties any claims of any patents owned or licensable by Licensee that are necessarily infringed by a third party product, technology or service that uses, interfaces, interoperates or communicates with the feedback or portion thereof incorporated into a Acronis Product, technology or service. Further, Licensee warrants that Licensee's Feedback is not subject to any license terms that would purport to require Acronis to comply with any additional obligations with respect to any Acronis Products that incorporate any Feedback.

DISCLAIMER OF WARRANTIES

THE SOFTWARE AND SERVICE AND ANY THIRD PARTY SOFTWARE AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ACRONIS AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SOFTWARE OR SERVICE AND SUCH THIRD PARTY SOFTWARE OR SERVICES. ACRONIS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE OR SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED. ACRONIS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. ACRONIS DOES NOT REPRESENT OR WARRANT THAT USERS WILL BE ABLE TO ACCESS OR USE THE SOFTWARE OR SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT ACRONIS WILL HAVE ADEQUATE CAPACITY FOR ANY USER'S REQUIREMENTS. NO ORAL OR WRITTEN STATEMENT, INFORMATION OR ADVICE GIVEN BY ACRONIS, OR ITS RESPECTIVE EMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS SHALL CREATE ANY WARRANTIES.

YOU UNDERSTAND AND AGREE THAT YOUR DOWNLOAD AND/OR USE OF THE SOFTWARE AND SERVICE, AND ALL THIRD PARTY SOFTWARE OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOFTWARE OR SERVICE, IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SOFTWARE OR SERVICE AND SUCH THIRD PARTY SOFTWARE AND SERVICES.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL ACRONIS, OR ITS SUPPLIERS, RESELLERS, PARTNERS OR THEIR RESPECTIVE AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE SOFTWARE OR SERVICE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF ANY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). WITHOUT LIMITING THE FOREGOING, THE TOTAL AGGREGATE LIABILITY OF ACRONIS, AND ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO ACRONIS FOR THE SOFTWARE OR SERVICE. IF THE SOFTWARE AND SERVICE ARE PROVIDED WITHOUT CHARGE, THEN ACRONIS AND ITS SUPPLIERS SHALL HAVE NO LIABILITY TO YOU WHATSOEVER.

THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SOFTWARE OR SERVICE, FROM INABILITY TO USE THE SOFTWARE OR SERVICE, TO USE OR RETRIEVE ANY BACKUP DATA, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SOFTWARE OR SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR DIRECT DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

THE SOFTWARE AND SERVICE ARE NOT INTENDED FOR USE IN CONNECTION WITH ANY NUCLEAR, AVIATION, MASS TRANSIT, OR MEDICAL APPLICATION OR ANY OTHER INHERENTLY DANGEROUS APPLICATION THAT COULD RESULT IN DEATH, PERSONAL INJURY, CATASTROPHIC DAMAGE, OR MASS DESTRUCTION, AND LICENSEE AGREES THAT LICENSOR WILL HAVE NO LIABILITY OF ANY NATURE AS A RESULT OF ANY SUCH USE OF THE SOFTWARE.

GOVERNMENT END USERS

This Agreement applies to all Software and Service acquired directly or indirectly by or on behalf of the United States Government. The Software and Service are commercial products, provided on the open market at market prices, and was developed entirely at private expense and without the use of any U.S. Government funds. If the Software or Service is supplied to the Department of Defense, the U.S. Government acquires only the license rights customarily provided to the public and specified in this Agreement. If the Software or Service is supplied to any unit or agency of the U.S. Government other than the Department of Defense, the license to the U.S. Government is granted only with restricted rights. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in subparagraph (c) of the Commercial Computer Software Restricted Rights clause of FAR 52.227-19.

MISCELLANEOUS PROVISIONS

You acknowledge and agree that the Software which is the subject of this Agreement may be controlled for export purposes. You agree to comply with all United States export laws and regulations, and you shall not and shall not allow any third-party to remove or export from the United States or allow the export or re-export of any part of the Software or Service or any direct product thereof: (i) into (or to a national or resident of) any embargoed or terrorist-supporting country; (ii) to anyone on the U.S. Commerce Department’s Table of Denial Orders or U.S. Treasury Department’s list of Specially Designated Nationals; or (iii) to any country to which such export or re-export is restricted or prohibited, or as to which the United States government or any agency thereof requires an export license or other governmental approval at the time of export or re-export without first obtaining such license or approval. You warrant that you are not located in, under the control of, or a national or resident of any such prohibited country or on any such prohibited party list. The Software and Serviceis further restricted from being used for the design or development of nuclear, chemical, or biological weapons or missile technology, or for terrorist activity, without the prior permission of the United States government. You assume sole responsibility for any required export approval and/or licenses and all related costs and for the violation of any United States export law or regulation. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, exclusive of its conflicts of laws provisions and without regard to the United Nations Convention on Contracts for the International Sale of Goods, and any suit under this Agreement shall exclusively be brought in a federal or state court in Massachusetts. Any action against Acronis under this Agreement must be commenced within one year after such cause of action accrues.

The failure of Acronis to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect. This Agreement, which incorporates the Acronis Privacy Policy, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Acronis.

You may not assign or transfer any of your rights or obligations under this Agreement to a third party without the prior written consent of Acronis. Acronis may freely assign this Agreement. Any attempted assignment or transfer in violation of the foregoing will be void from the beginning.

CONTACTING ACRONIS

Users with questions about this Agreement or the Privacy Policy may contact Acronis at: www.acronis.eu/support

Offline Software. Subject to the terms and conditions of this Agreement, upon purchase of a license to Acronis’ "offline" Software (i.e. not hosted by Acronis), Acronis grants and you accept a non-exclusive, nontransferable, non-assignable license to use Software in accordance with its documentation, only for your own internal use solely on the specific number of computers that you have licensed. Installation of the Software is your responsibility. If Acronis identifies the Software as an evaluation version, trial version or beta version, you have the right to use the Software for such limited purpose for the period found at http://www.acronis.com/homecomputing/download/ (the "Trial Period’) unless extended by Acronis in writing. Software licensed under such a limited license may not be used in a production environment. At the conclusion of the Trial Period, unless a standard license to the Software is purchased by you, you will delete the Software from your computer(s) and have no further license or other rights with respect to the Software except as to the rights and responsibilities in this Agreement. By virtue of licensing Software and registering your Software with Acronis, and at Acronis’ sole discretion, you are entitled to: (1) "patch" or "dot releases (e.g., 11.01, 11.02, and 11.03 etc.) of the Software. A major release(s) of the Software (e.g., Version 12 Version 13, etc) are not included in support and would require a paid upgrade fee; (2) support consistent with Acronis’ current support policies as found in the support section of the Acronis web site (specified in the product and/or documentation) or any relevant contract between you and Acronis. ;and (3) other electronic services that Acronis may make generally available to its customers, such as an electronically available base of knowledge ("Knowledge Base") to assist in answering general questions about the Software. In the event that you makes any unauthorized modifications to the Software, Acronis’ obligations to provide support services are null and void. Support policies are subject to change, but generally will include basic support for thirty (30) days following purchase. Proof of payment and/or registration is required to obtain support.

Licenční smlouva s koncovým uživatelem (EULA) - pro uživatele podnikových verzí software Acronis

BEFORE INSTALLING AND USING THE SOFTWARE PRODUCT WHICH EITHER YOU HAVE DOWNLOADED OR IS CONTAINED ON THESE DISKS ("SOFTWARE") YOU SHOULD CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT ("AGREEMENT") THAT APPLIES TO THE SOFTWARE. CLICK "ACCEPT" IF YOU FULLY ACCEPT AND AGREE TO ALL OF THE PROVISIONS OF THIS AGREEMENT. OTHERWISE, CLICK "DO NOT ACCEPT." CLICKING "ACCEPT" OR OTHERWISE DOWNLOADING, INSTALLING AND OR USING THE SOFTWARE ESTABLISHES A BINDING AGREEMENT BETWEEN YOU AS THE PERSON LICENSING THE SOFTWARE (THE "LICENSEE") AND ACRONIS INTERNATIONAL GMBH LOCATED AT VERWALTUNG EURO HAUS RHEINWEG 9 SCHAFFHAUSEN, CH-8200, SWITZERLAND, ("LICENSOR"). IF YOU DO NOT ACCEPT ALL OF THE TERMS OF THIS AGREEMENT, YOU SHALL HAVE NOT RIGHT TO DOWNLOAD, INSTALL AND/OR USE THE SOFTWARE AND MUST DELETE THE SOFTWARE AND ASSOCIATED FILES IMMEDIATELY.

This Agreement applies to the Software, whether licensed under a Software License and/or an Evaluation License, each as defined and described below:

Purchased License of Software. Subject to the terms and conditions of this Agreement, upon purchase of a license to the Software, LICENSOR grants and LICENSEE accepts a nonexclusive, nontransferable, nonassignable license to use Software only for LICENSEE’s own internal use solely on the specific number of Hardware (as defined below) licensed owned, leased or otherwise controlled by LICENSEE. LICENSEE may make one copy of Software only for archival purposes, only in machine readable form, provided that such archival copy is only used for archival purposes and never in a production environment and is marked with every notice on the original Installation of Software is LICENSEE’s responsibility. The license described in this section shall be referred to as a "Software License").

Evaluation License of Software: 

Use Rights:

Assigning the License. Before you run any instance of the Software under a Software License, you must assign that license to one of your PCs or Servers (depending upon the license you have purchased or are evaluating and such purchase or evaluation is based upon the operating system on which that hardware operates, such PCs or Servers shall be referred to as the "Hardware"). That Hardware is the licensed Hardware for that particular Software license. You may assign other Software Licenses to the same Hardware, but you may not assign the same Software License to more than one Hardware except as identified herein.

You may reassign a Software License if you retire the licensed Hardware due to permanent Hardware failure. If you reassign a Software License, the Hardware to which you reassign the license becomes the new licensed Hardware for that particular Software License.

Running Instances of the Hardware Software. You have the rights to run the Software on one piece of Hardware as defined above. Every Hardware creating an image and every Hardware to which an image is either deployed to or restored from must have a valid license. In the case of Universal Deploy or Universal Restore, every time an image is deployed or restored (as appropriate to either Universal Restore or Universal Deploy), to Hardware that is dissimilar to the Hardware from which the image was originally created, a valid license of the Universal Deploy or Universal Restore is required.

You have the rights below for each Software License you assign:

Standard Software license. A standard Software License is the general license that is available to LICENSEE. Unless the Advanced Server or Virtual Edition Software is purchased (as further set forth below), you have purchased the standard Software License and may run on the licensed Hardware, at any one time as follows:

• One (1) instance of the Hardware installed Software in one physical operating system environment;

Advanced Server Edition. Advanced Server Edition (as identified by the product name (for example, Acronis Backup & Recovery 10 Advanced Server)) is licensed by physical Hardware. You may run the Software on the licensed Hardware, at any one time, as follows:

• One (1) instance of the Hardware installed Software in one physical operating system environment; and
• Up to four (4) instances of the Hardware installed Software in virtual operating system environments (only one (1) instance per virtual operating system environment).

Virtual Edition. Virtual Edition (as identified by the product name (for example, True Image Virtual Edition)) is licensed by physical Hardware. You may run on the licensed Hardware, at any one time as follows:

• One instance of the Software in one physical operating system environment; and
• A maximum of 99 instances of the Software in virtual operating system environments.

Support. If LICENSEE is under a current support contract with LICENSOR with respect to the Software and is current in paying all amounts due thereunder, LICENSOR shall make available to LICENSEE support consistent with the level of service purchased. Support shall consist of: (i) supplying telephone or other electronic support, as determined by LICENSOR in its sole discretion, to LICENSEE in order to help LICENSEE locate and, on its own, correct problems with the Software and (ii) supplying all extensions, enhancements and other changes that LICENSOR, at its sole discretion, makes or adds to the Software and which LICENSOR makes generally available, without additional charge, to other licensees of the Software that are enrolled in Support. Upon mutual written agreement by both parties, LICENSOR may, but shall not be required to: (i) supply code corrections to LICENSEE to correct Software malfunctions in order to bring such Software into substantial conformity with the published operating specifications for the most current version of the Software unless LICENSEE’s unauthorized modifications prohibit or hamper such corrections or cause the malfunction; or (ii) supply code corrections to correct insubstantial problems at the next general release of the Software.

Support policies are subject to change. Proof of legal ownership and/or registration is required to obtain support.

Limitations. Notwithstanding any references to "purchase", the Software is licensed and not sold pursuant to this Agreement. This Agreement confers a limited license to the Software and does not constitute a transfer of title to or sale of all or a portion of the Software, and LICENSOR retains ownership of all copies of the Software. LICENSEE acknowledges that the Software contain trade secrets of LICENSOR, its suppliers or licensors, including but not limited to the specific internal design and structure of individual programs and associated interface information. Accordingly, except as otherwise expressly provided under this Agreement, LICENSEE shall have no right, and LICENSEE specifically agrees not to: (i) transfer, assign or sublicense its license rights to any other person or entity, or use the Software on ay equipment other than the Hardware, and LICENSEE acknowledges that any attempted transfer, assignment, sublicense or use shall be void; (ii) make error corrections to or otherwise modify or adapt the Software or create derivative works based upon the Software, or permit third parties to do the same; (iii) reverse engineer or decompile, decrypt, disassemble or otherwise reduce the Software to human-readable form, except to the extent otherwise expressly permitted under applicable law notwithstanding this restriction; (iv) use or permit the Software to be used to perform services for third parties, whether on a service bureau or time sharing basis or otherwise, without the express written authorization of LICENSEE; or (v) disclose, provide, or otherwise make available trade secrets contained within the Software in any form to any third party without the prior written consent of LICENSOR. In addition, certain third party code may be provided with the Software and/or Service. The third-party license terms accompanying such code, which may be found at http://kb.acronis.com/content/7696 and in the license.txt file located in the root installation directory, and not the terms of this Section, will govern your use of such code.

Confidentiality. The Software is a trade secret of LICENSOR and is proprietary to LICENSOR. LICENSEE shall maintain Software in confidence and prevent disclosure of Software using at least the same degree of care it uses for its own similar proprietary information, but in no event less than a reasonable degree of care. LICENSEE shall not disclose Software or any part thereof to anyone for any purpose, other than to employees for the purpose of exercising the rights expressly granted under this Agreement. License shall not, and shall not allow any third party to, decompile, disassemble or otherwise, reverse engineer or attempt to reconstruct or discover any source code or underlying ideas, algorithms, file formats or programming or interoperability interfaces of Software or of any files contained or generated using Software by any means whatsoever. The obligations under this paragraph shall survive any termination of the Agreement.

Disclaimer of Warranties. THE SOFTWARE IS PROVIDED "AS IS" AND LICENSOR DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED WITH RESPECT TO SOFTWARE INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR USE. WITHOUT LIMITING THE FOREGOING, LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SOFTWARE WILL OPERATE IN THE COMBINATION LICENSEE SELECTS, THAT OPERATION OF SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE AND/OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY LICENSEE. FURTHERMORE, LICENSOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.

Liability Limitations. LICENSOR SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES RESULTING FROM USE OF SOFTWARE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY. LICENSOR’S CUMULATIVE LIABILITY FOR DAMAGES HEREUNDER, WHETHER IN AN ACTION IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, INDEMNITY, OR OTHERWISE, SHALL IN NO EVENT EXCEED THE AMOUNT OF LICENSE FEES PAID BY THE LICENSEE FOR THE SOFTWARE LICENSED UNDER THIS AGREEMENT. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

LICENSEE Indemnity. LICENSEE agrees to indemnify and defend LICENSOR, and hold it harmless from all costs, including attorney’s fees, arising from any claim that may be made against LICENSOR by any third party as a direct or indirect result of any use by LICENSEE of the Software,

Termination. This Agreement and the license may be terminated without fee reduction (i) by LICENSEE without cause on thirty (30) days notice; (ii) by LICENSOR, in addition to other remedies, if LICENSEE is in default and fails to cure within ten (10) days following notice; (iii) on notice by either party hereto if the other party ceases to do business in the normal course, becomes insolvent, or becomes subject to any bankruptcy, insolvency, or equivalent proceedings. Upon termination for any reason, LICENSEE shall immediately return Software and all copies to LICENSOR and delete all Software and all copies from the Hardware.

Law. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, exclusive of its conflicts of laws provisions and without regard to the United Nations Convention on Contracts for the International Sale of Goods, and any suit under this Agreement shall exclusively be brought in a federal or state court in Massachusetts. Any action against LICENSOR under this Agreement must be commenced within one year after such cause of action accrues.

Government End Users. This provision applies to all Software acquired directly or indirectly by or on behalf of the United States Government. The Software is a commercial product, licensed on the open market at market prices, and was developed entirely at private expense and without the use of any U.S. Government funds. If the Software is supplied to the Department of Defense, the U.S. Government acquires only the license rights customarily provided to the public and specified in this Agreement. If the Software is supplied to any unit or agency of the U.S. Government other than the Department of Defense, the license to the U.S. Government is granted only with restricted rights. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in subparagraph (c) of the Commercial Computer Software Restricted Rights clause of FAR 52.227-19.

Export Restriction. LICENSEE will not remove or export from the United States or the country originally shipped to by LICENSOR (or re-export from anywhere) any part of the Software or any direct product thereof except in compliance with applicable export laws and regulations, including without limitation, those of the U.S. Department of Commerce.

Miscellaneous. This Agreement contains the entire understanding of the parties and supersedes all other agreements, oral or written, including purchase orders submitted by LICENSEE, with respect to the subject matter covered in this Agreement The delay or failure of either party to exercise any right provided in the Agreement shall not be deemed a waiver. All notices must be in writing and shall be delivered by hand (effective when received) or mailed by registered or certified mail (effective on the third day following the date of mailing). The notices addressed to LICENSOR shall be sent to its address set out above. If any provision is held invalid, all others shall remain in force. LICENSEE may not assign, pledge, or otherwise transfer this agreement, nor any rights or obligations hereunder in whole or in part to any entity. Paragraph headings are for convenience and shall have no effect on interpretation. In the event that it is necessary to undertake legal action to collect any amounts payable or to protect or to defend against the unauthorized use, disclosure, distribution, of the Software hereunder and/or other violation of this Agreement, LICENSOR shall be entitled to recover its costs and expenses including, without limitation, reasonable attorneys' fees.

The LICENSEE has the right to evaluate the Software for the evaluation period which can be found at http://www.acronis.com/enterprise/download/ (the "Evaluation Period’) unless extended by LICENSOR. Software licensed under this Evaluation License may not be used in a production environment. There will be no charge to the LICENSEE for said evaluation of the Software under this Evaluation License. At the conclusion of the Evaluation Period, unless a Software License to the Software is purchased, the LICENSEE will delete the Software from its systems and have no further license or other rights with respect to the Software except as to the rights and responsibilities in this Agreement. LICENSOR SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES RESULTING FROM USE OF SOFTWARE UNDER THE EVALUATION LICENSE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. The following sections of this Agreement also apply to Evaluation License(s) of the Software: Limitations, Confidentiality, Disclaimer of Warranties, LICENSEE Indemnity, Law, Export Restrictions, and Miscellaneous. The license described in this section shall be referred to as an "Evaluation License").

Users with questions about this Agreement or the Privacy Policy may contact Acronis at: www.acronis.eu/support