CloudVault® License Agreement Copyright © 2018 by Quick Vault, Inc. All rights reserved. US Patents US 8,812,61; US 8,862,687; US 8,918,846; US 8,086,688; US 8,868,683; US 9,264,431; US 9,565,200. This license agreement applies to the licensed / Registered version of this software product. If you do not have a registered version of this software product, see our website www.quickvault.com for purchasing a registered/licensed copy of this application.
Agreement: You should carefully read the following terms and conditions before using, installing, copying, distributing, or transmitting this software. By using, installing, copying, distributing, or transmitting any version of this software product, you agree to all of the terms of this agreement (“License”). Please read the license terms below. If you do not agree to all of the terms of this License, then do not download, use, install, copy, distribute, or transmit this software product.
Scope: This is a limited free software. Subject to the terms below, you are hereby licensed by QuickVault, Inc (“QVL”) to use one (1) copy of this software product to be installed, on one (1) PC or MAC. Should you download more than one this software product, you will be issued multiple license numbers Use of this software product without the proper registration / license is a breach of this License and a violation of U.S. and international copyright laws. You are specifically prohibited from charging, or requesting donations, for any copies, however made, and from distributing such copies with other products of any kind, commercial or otherwise, without prior written permission from QVL. QVL reserves the right to revoke the above distribution rights at any time, for any or no reason.
All rights of any kind in this software product, which are not expressly granted in this License, are entirely and exclusively reserved to and by QVL. This software product is protected by the United States patents, copyright laws and other applicable laws and treaties. You may not rent, lease, sublicense, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, this software product, nor permit anyone else to do so. You may not make access to this software product, available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so.
Warranty Disclaimers and Liability Limitations: This software product, and any and all accompanying software, hardware, files, data and materials, are distributed and provided “AS IS” and with no warranties of any kind, whether express or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose. QVL does not warrant, guarantee, or make any representations regarding the use of, or the results of the use of, this software product. QVL does not warrant that the operation of this software product will be uninterrupted or error-free, or that the use of any passwords and/or encryption features will be effective in preventing the unintentional disclosure of information contained in any file. You acknowledge that good data processing procedure dictates that any program, including this software product, must be thoroughly tested with non-critical data before there is any reliance on it, and you hereby assume the entire risk of all use of the copies of this software product covered by this License. This disclaimer of warranty constitutes an essential part of this License. Except to the extent expressly prohibited by applicable statutes, QVL shall not be liable for any damage or financial loss arising out of the use of, or inability to use, this software product. Any liability of QVL will be limited exclusively to refund of the license fee paid to QVL. Except to the extent expressly prohibited by applicable statutes, in no event shall QVL, or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, be liable for any indirect, incidental, consequential, special, or punitive damages whatsoever relating to the use of this software product, or to your relationship with QVL, (including, without limitation, loss or disclosure of data or information, loss of profit, revenue, business opportunity or business advantage, or business interruption), whether based upon a claim or action of contract, warranty, negligence, strict liability, contribution, indemnity, or any other legal theory or cause of action, even if advised of the possibility of such damages. In addition, in no event does QVL authorize you or anyone else to use this software product in applications or systems where this software product’s failure to perform can reasonably be expected to result in a significant physical injury, or in loss of property, or in loss of life. Any such use is entirely at your own risk, and you agree to hold QVL harmless from any and all claims or losses relating to such unauthorized use.
Restricted Rights: This software product is provided with “Restricted Rights”. Use, modification, duplication, release, performance, display, or disclosure by the U.S. Government or government contractors is subject to the restrictions set forth in subparagraph (c)(1) and (2) of the Commercial Computer Software Restricted Rights clauses at 48 CFR 52.227-19, and the provisions relating to Rights in Commercial Computer Software or Commercial Computer Software Documentation at 48 CFR 227.7202-3.
Export Restrictions: this software product encryption and other compression technologies are subject to certain export restrictions of the United States Government. If you are (a) in a country to which export from the United States is restricted for anti-terrorism reasons, or a national of any such country, wherever located, (b) in a country to which the United States has embargoed or restricted the export of goods or services, or a national of any such country, wherever located, or (c) a person or entity who has been prohibited from participating in United States export transactions by any agency of the United States Government, then you may not install, download, access, use, or license this software product. By accepting this License, you warrant and represent to QVL that (1) you do not match the criteria set forth in (a), (b), or (c) above, (2) that you will not export or re-export this software product to any country, person, or entity subject to U.S. export restrictions, including those persons and entities that match the criteria set forth in (a), (b), or (c) above, and (3) that neither the United States Bureau of Industry and Security, nor any other U.S. federal agency, has suspended, revoked, or denied your export privileges.
General: This License is the complete statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements, and arrangements. This License shall be governed by the laws of the State of Georgia, without regard to Georgia choice-of-law rules. Exclusive jurisdiction and venue for all matters relating to this License shall be in courts and for a located in the State of Georgia, and you consent to such jurisdiction and venue. There are no third-party beneficiaries of any promises, obligations, or representations made by QVL herein. Any waiver by QVL of any violation of this License by you shall not constitute, nor contribute to, a waiver by QVL of any other or future violation by you of the same provision, or any other provision, of this License. If any part of this License or the application thereof to any person or circumstance is for any reason held invalid or unenforceable, it shall be deemed severable, and the validity of the remainder of this License, or the applications of such provision to other persons or circumstances, shall not be affected thereby.