» version 2.25 - posted on 2005-09-01
Enhanced zip engine, 64-bit zip compatible. Added network share backup ability.
» version 2.25 - posted on 2005-09-01
Enhanced zip engine, 64-bit zip compatible. Added network share backup ability.
EULA - End User License Agreement
End User License Agreement
IncrediBack Backup Software End-User License Agreement
INCREDIBACK SOFTWARE END USER LICENSE AGREEMENT FOR DESKTOP USE ONLY.
IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND INCREDIBACK.COM . READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY SELECTING THE DOWNLOAD OR INSTALL NOW BUTTON AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL THE SOFTWARE.
1. "IncrediBack" means IncrediBack Software, Inc. and its licensors, if any.
2. "Software" means only the IncrediBack software program(s) and third party software programs, in each case, supplied by IncrediBack.com herewith, and corresponding documentation, associated media, printed materials, and online or electronic documentation, and all updates or upgrades of the above that are provided to you.
2. License Grants
1. You may install and use the Software on a single desktop computer that has a Windows PC operating system (including desktop PC versions of Windows 95, 98, ME, NT, 2000 and XP (Home and Professional). A license for the Software may not be shared, installed or used concurrently on different computers.
2. You agree that IncrediBack can audit your use of the Software for compliance with these terms at any time, upon reasonable notice. In the event that such audit reveals any use of the Software by you other than in full compliance with the terms of this Agreement, you shall reimburse IncrediBack for all reasonable expenses related to such audit in addition to any other liabilities you may incur as a result of such non-compliance.
3. Your license rights under this EULA are non-exclusive.
4. Certain rights are not granted under this Agreement, but may be available under a separate agreement. If you would like to enter into a distribution agreement or learn of other licensing strategies, please go to: http://Incrediback.com
3. License Restrictions
1. You may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network.
2. You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
3. You may not sell, rent, lease, or sublicense the Software.
4. You may not modify the Software or create derivative works based upon the Software.
5. You may not export the Software into any country prohibited by the United States Export Administration Act and the regulations thereunder.
6. In the event that you fail to comply with this EULA, IncrediBack may terminate the license and you must destroy all copies of the Software (with all other rights of both parties and all other provisions of this EULA surviving any such termination).
7. You shall not use the Software to develop any software or other technology having the same primary function as the Software, including but not limited to using the Software in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the Software.
The foregoing license gives you limited license to use the Software. IncrediBack and its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Software and all copies thereof. All rights not specifically granted in this EULA, including Federal and International Copyrights, are reserved by IncrediBack and its suppliers.
5. WARRANTY DISCLAIMER
1. THE SOFTWARE IS PROVIDED TO YOU FREE OF CHARGE, AND ON AN "AS-IS" BASIS. INCREDIBACK PROVIDES NO TECHNICAL SUPPORT, WARRANTIES OR REMEDIES FOR THE SOFTWARE.
2. INCREDIBACK AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. INCREDIBACK DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. INCREDIBACK SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
3. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.
4. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY INCREDIBACK, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
5. (USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
6. INCREDIBACK SHALL HAVE NO RESPONSIBILITY IF THE SOFTWARE HAS BEEN ALTERED IN ANY WAY, OR FOR ANY FAILURE THAT ARISES OUT OF USE OF THE SOFTWARE WITH OTHER THAN A RECOMMENDED HARDWARE CONFIGURATION, PLATFORM OR OPERATING SYSTEM.
6. LIMITATION OF LIABILITY
1. NEITHER INCREDIBACK NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF INCREDIBACK OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
2. INCREDIBACK S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF $25 OR THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE.
3. (USA only) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
4. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO ALL ASPECTS OF THIS EULA.
7. Basis of Bargain
The Warranty Disclaimer and Limited Liability set forth above are fundamental elements of the basis of the agreement between IncrediBack and you. IncrediBack would not be able to provide the Software on an economic basis without such limitations. Such Warranty Disclaimer and Limited Liability inure to the benefit of IncrediBacks licensors.
8. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND
This Software and the documentation are provided with "RESTRICTED RIGHTS" applicable to private and public licenses alike. Without limiting the foregoing, use, duplication, or disclosure by the US Government is subject to restrictions as set forth in this EULA and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (c)(1)(ii)(OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as applicable. Manufacturer: IncrediBack.com
9. (Outside of the USA) Consumer End Users Only
The limitations or exclusions of warranties and liability contained in this EULA do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods otherwise than in the course of a business.
The limitations or exclusions of warranties, remedies or liability contained in this EULA shall apply to you only to the extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located.
10. Third Party Software
The Software may contain third party software, which requires notices and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions are located at www.incrediback.com and are made a part of and incorporated by reference into this EULA. By accepting this EULA, you are also accepting the additional terms and conditions, if any, set forth therein.
The internal laws of the State of Illinois shall govern this EULA, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in Lake County, Illinois or the federal courts in the Northern District of Illinois to resolve any disputes arising under this EULA. In each case this EULA shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods.
This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the Software licensed hereunder shall be of no effect. The failure or delay of IncrediBack to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.
No IncrediBack dealer, agent or employee is authorized to make any amendment to this EULA.
If any provision of this EULA shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this EULA will remain in full force and effect.
All questions concerning this EULA shall be directed to: Incrediback.com.
IncrediBack and other trademarks contained in the Software are trademarks or registered trademarks of ACCESS IT, Inc. in the United States and/or other countries. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Software. This EULA does not authorize you to use IncrediBack s or its licensors names or any of their respective trademarks.
IncrediBack is a leader in programming and a developer of software utility solutions. Combining award-winning technology, editorial expertise, and internet-based initiatives, Incrediback provides users with highly relevant software programs, while delivering a value to online customers. Incrediback results reach Internet users worldwide through top portals, ISPs, and search services. Incrediback is based in Libertyville, IL.
Our Commitment to your Privacy
IncrediBack is committed to protecting your privacy and ensuring that your visit to our website is completely secure.
We respect your privacy and your concerns about unwanted or unsolicited emails, otherwise known as spam. We keep your information to send emails to users that have lost passwords, having trouble with their account or a reply to email messages. Most emails that are initiated from IncrediBack are strictly used as a base to know who the customer or clients are and to protect the website and the users. Information that is stored is secure in our database of other listed users.
Cookies and IP addresses:
The Information We Collect:
This notice applies to all information collected or submitted on the IncrediBack website. IncrediBack only saves such personal information that is necessary for you to access and use our services. This personal information includes, but is not limited to, first and last name, physical address, email address, phone number, birth date, credit/debit card information, etc.
Who we share your Personal Information with
We will NOT sell or rent your name or personal information to anyone else. We DO NOT sell, rent or provide outside access to our mailing list at all.
If required by law, search warrant, subpoena, court order, or credit card fraud investigation, IncrediBack may be required to release such personal information.
The Way We Use Information:
We use the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order.
We use the information you provide about someone else when placing an order only to ship the product and to confirm delivery. We do not share this information with outside parties except to the extent necessary to complete that order.
We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties.
Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses. Credit card numbers are used only for payment processing and are not used for any other purpose.
Our Commitment To Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
We hope that this helps you fully understand on the purpose of our security and