Acronis, inc – Acronis True Image for MS SBS Server - User Guide User Manual

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ACRONIS, INC.

End User License Agreement (EULA)

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, INC. LOCATED AT: ACRONIS INTERNATIONAL GMBH VERWALTUNG EURO HAUS
RHEINWEG 5 SCHAFFHAUSEN, SWITZERLAND CH-8200, ("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:

The LICENSEE has the right to evaluate the Software for a period of

time not to exceed fifteen (15) days (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”).

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 Virtual Edition Software is purchased, you have purchased the standard Software License and may run
on the licensed Hardware, at any one time as follows: