ubackup License Agreement
ubackup is a licensed product subscriptions. Each account key/account token combination can be used for one local ubackup instance and is limited to one active use.
ubackup subscriptions can be purchased at https://ubackup.io/Plans. Subscriptions have a prepurchased duration, typically 1 year. Once the subscription expires, scheduled backups are suspended.
ubackup plans that include SMS units provide text messaging services for success/failure notifications for scheduled backups. Once SMS Units are depleted, an unexpired subscription is limited to email notifications.
ubackup uses third-party tools to perform the dabase backups using user-provided command line tools and arguments. It is the end-user's responsibility to insure that backups are suitable and valid for their intended purpose, as ubackup has no control over the tools or methods used to create backups.
ubackup is not intended for large scale (e.g., "terabytes" of data), as the third-party tools used to perform backups are not generally suited for massive amounts of data. For large scale backups, more specialized enterprise-level tools should be obtained from third parties.
Text messages (SMS) and email messages do not provide 100% reliable message delivery. ubackup provides log files and a web user interface to review backup success/failure, which should also be used to verify that backups are performed as scheduled.
We warrant that, for the duration of an active product subscription the Software will perform substantially in accordance with the user documentation accompanying the Software.
Our entire liability and Your sole and exclusive remedy for breach of the foregoing warranty shall be, at our option, to either (1) return the purchase price, or (2) repair or replace the Software that does not meet the foregoing limited warranty if it is returned to us with a copy of Your receipt. This limited warranty is void if failure of the Software is caused by accident, abuse, or violation of this license agreement. Any replacement Software will be warranted as above for the remainder of the original warranty period.
WE DO NOT WARRANT THAT THIS SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE EXTENT ALLOWED BY LAW, WE EXPRESSLY DISCLAIM ALL EXPRESS WARRANTIES NOT STATED HERE AND ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. p This limited warranty gives You specific legal rights, and You may also have other legal rights which vary from State to State.
Warranty inquiries may be sent to: Softel vdm, Inc., 5401 S Kirkman Rd, Suite 310, Orlando, FL 32819, USA.
LIMITATION OF LIABILITY
OUR LIABILITY TO YOU FOR ANY LOSSES SHALL BE LIMITED TO DIRECT DAMAGES AND SHALL NOT EXCEED THE AMOUNT YOU ORIGINALLY PAID FOR THE SOFTWARE. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You acknowledge that the Software is subject to the export control laws and regulations of the United States and any amendments thereof. You agree that You will not directly or indirectly transfer the Software except in compliance with all applicable U.S. export laws and regulations.
This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of the Software in Your possession or by returning all such copies to us. This Agreement and Your right to use this Software automatically terminate and without notice if You fail to comply with any material provision of this Agreement. Your license to use this Software also terminates if You assign this Agreement to someone else. Upon termination, You must stop all use of the Software and must destroy any copies that remain in Your possession. Otherwise, the restrictions on Your rights to use the Software will end upon expiration of the copyright to the Software.
This Agreement shall be governed by, construed and enforced in accordance to the laws of the State of Florida. You consent to the exclusive jurisdiction and venue in the federal courts in Florida unless no federal subject matter jurisdiction exists, in which case You consent to the exclusive jurisdiction and venue in the courts of Florida. You waive all defenses of lack of personal jurisdiction and forum nonconveniens. Process may be served on either party in the manner authorized by applicable law or court rule. If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.
This Agreement constitutes the entire agreement between the parties with regards to the subject matter and supersedes all prior agreements or communications.
If you have any questions about this Agreement, write to us at Softel vdm, Inc., 5401 S Kirkman Rd, Suite 310, Orlando, FL 32819, USA, firstname.lastname@example.org or call us at (941) 505-8600.