ACTIVEIMAGE PROTECTOR END-USER LICENSE AGREEMENT
IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT
CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: NETJAPAN's End-User
License Agreement ("EULA") is a legal agreement between you (either an
individual or a single entity) and NETJAPAN for ActiveImage Protector
identified above which may include associated software components, media,
printed materials, and "online" or electronic documentation ("SOFTWARE
PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT,
you agree to be bound by the terms of this EULA. This license agreement
represents the entire agreement concerning the SOFTWARE PRODUCT between you
and NETJAPAN, and supersedes any prior proposal, representation, or
understanding between the parties. If you do not agree to the terms of this
EULA, do not install or use the SOFTWARE PRODUCT. No change, amendment and /
or modification of any provision of this EULA or no new license agreement
shall be valid unless it is agreed upon by NETJAPAN with its prior written
consent.
1. GRANT OF LICENSE: By loading the SOFTWARE PRODUCT to RAM or by installing
the SOFTWARE PRODUCT on hardware or any other storage device, you shall be
deemed to have used the SOFTWARE PRODUCT. You may use a licensed number of
copies of the SOFTWARE PRODUCT on a computer(s) that is owned by you and
placed under your control according to the terms of EULA. Refer to your
NETJAPAN license certificate to confirm the type and the number of licenses
you have purchased.
1.1. Server / Desktop Edition License: You may use one licensed copy of the
SOFTWARE PRODUCT for a single physical or virtual machine specified as a
backup and restore target.
1.2. Virtual Environment License: You may use one licensed copy of the
SOFTWARE PRODUCT in a single virtual environment running a virtual machine.
There are no restrictions on the number or the types of virtual machines
running in the single validly licensed virtual environment.
1.3. Cloud Environment License: You may use one licensed copy of the
SOFTWARE PRODUCT for five virtual machines running on an unspecified virtual
host (regardless of whether owned by you or not) in cloud environment.
1.4. ActiveImage Protector for Hyper-V License: You may use one licensed
copy of the SOFTWARE PRODUCT in a single Microsoft Hyper-V virtual
environment which is specified as a backup target. NETJAPAN does not grant
you the right to install the SOFTWARE PRODUCT on Hyper-V guest machines in a
Hyper-V virtual environment.
1.5. Clustered Environment License: You may use one licensed copy of the
SOFTWARE PRODUCT in a single clustered environment which is configured with
two OSes or in a FT/HA environment.
1.6. Evaluation License: For evaluation purposes, you may install and use
the SOFTWARE PRODUCT during the limited evaluation period. You may not copy,
distribute or sell the SOFTWARE PRODUCT.
1.7. Not For Resale (NFR): An NFR Software License permits you to use
SOFTWARE PRODUCT for promotional purposes at reduced or no cost to you. This
license may not be copied, distributed, transferred, leased or resold.
1.8. Beta Testing License: Solely for testing and evaluation purposes, a
beta version of the SOFTWARE PRODUCT is provided to selected users. NETJAPAN
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 PRODUCT will be corrected.
1.9. Built-in Tools: Use of the Create Recovery Disk Wizard built into the
SOFTWARE PRODUCT for the purpose of creating recovery disks is not limited
to systems in which ActiveImage Protector is installed:
1.9.1. You may use the Physical to Virtual Utility built in the SOFTWARE
PRODUCT on a temporary basis to migrate physical machines into virtual
environments, provided that you have purchased a Virtual Environment License
for a single virtual host running a virtual OS specified as migration
destination or migration target.
1.9.2. You may use the ReZoom function on a temporary basis to restore
virtual guest machines, provided that you have purchased an ActiveImage
Protector for Hyper-V License for a single virtual environment running a
virtual OS specified as a restoration destination or restoration target.
There are no restrictions on the number or the types of virtual guest
machines in virtual environment to restore by using the ReZoom function
built in the SOFTWARE PRODUCT.
1.9.3. You are granted a Consolidation Services License (CSL) on up to three
(3) off-site locations and solely for the purpose of consolidating /
unifying, at the off-site location(s), the backup image files that have been
replicated from a single source computer to which the valid ActiveImage
Protector License has been assigned. This CSL does not allow for the
installed version of ActiveImage Protector to be used for any additional
data protection services on any of the off-site system(s) being used to
consolidate the backup images.
1.9.4 Use of the ImageBoot utility is not limited to systems in which ActiveImage Protector is installed
destination or migration target.
1.10. Transfer of License: You may transfer a licensed copy of the SOFTWARE
PRODUCT from a former virtual environment to a replacement virtual
environment, provided that you completely terminate the use of the SOFTWARE
PRODUCT in the former virtual environment.
1.11. General License Restrictions: You agree, that unless you have obtained
prior written consent, you will not direct or through any parent company,
subsidiary, affiliate, agent, or third party do any of the following with
respect to the software and documentation. You may not lease, license,
sublicense, modify, translate, disassemble, decompile, reverse engineer, or
create derivative works from the SOFTWARE PRODUCT. If you fail to comply
with the terms and conditions of this EULA or when your rights to use the
SOFTWARE PRODUCT is invalidated and you must destroy or return the SOFTWARE
PRODUCT and all archived copies of the SOFTWARE PRODUCT in your possession
to NETJAPAN.
2. COPYRIGHT: All title, including but not limited to copyrights, in and to
the SOFTWARE PRODUCT and any copies thereof are owned by NETJAPAN and
protected by Japanese and international copyright laws. You may not copy or
disclose any part of the SOFTWARE PRODUCT unless otherwise expressly set
forth in this EULA. You agree to supervise the authorized users operation or
use of the SOFTWARE PRODUCT pursuant to all the terms and conditions of this
EULA.
3. LIMITATION OF LIABILITY and NO WARRANTIES: NETJAPAN expressly disclaims
any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided 'As
Is' without any express or implied warranty of any kind, regardless of laws
and regulations, including but not limited to any warranties of rights,
fitness of a particular purpose, non-infringement. Any information contained
in advertising media or packaging of the SOFTWARE PRODUCT is provided for
descriptive purpose only and NETJAPAN makes no warranties, representations
or agreements based on the information therein. Your legal rights are
stipulated in this EULA and LIMITATION OF LIABILITY only. In no event does
NETJAPAN warrant or make any representation that the SOFTWARE PRODUCT will
meet your requirements and the operation of the SOFTWARE PRODUCT will be
safely uninterrupted or error-free. In consideration of the fact that the
system environment where the SOFTWARE PRODUCT is used (including without
limitation hard disk drives, hard disk configuration on individual
computers, installed software, OS on which software is installed) may
change. NETJAPAN does not warrant or makes any representation regarding the
results obtained from the use of the SOFTWARE PRODUCT, accuracy or
reliability of any information obtained from the SOFTWARE PRODUCT, or the
possibility of correction of defects of the SOFTWARE PRODUCT. In order to
ensure that you properly perform data processing and backup procedures, you
must conduct exhaustive tests on the SOFTWARE PRODUCT by using non-critical
data. The entire risk is assumed by you in the event of installing and
running software on individual devices or in the judgment of individual
objectives for running the SOFTWARE PRODUCT on individual devices. Under no
circumstances including negligence, shall NETJAPAN be liable to you under
this EULA for any special, incidental, consequential, indirect damages
(including data loss, business interruption, damages for loss of business
profit, asset loss, and the like), arising out of installation or the use of
the SOFTWARE PRODUCT even if NETJAPAN has been advised of the possibility of
such damages. In no event shall NETJAPAN accept claims for such damages from
other individual persons or group. This LIMITATION OF LIABILITY shall be
applied regardless whether the basic objectives of the limited remedy is
achieved or not. In no event shall NETJAPAN's total liability to you based
on this EULA exceed the amount paid by you for license fee / the SOFTWARE
PRODUCT for one year until said liability has accrued.
4. GOVERNING LAW: This EULA and any action, dispute, controversy, or claim
that may be instituted based on this Eula, or arising out of or related to
this EULA will be governed by the laws of Japan.
5. EXPORT RESTRICTIONS: You agree that the SOFTWARE PRODUCT is subject to
the software export regulations of United States and Japan. You agree that
it is your responsibility to comply with any international laws and
regulations (including the Export Administration Regulations of the United
States and restrictions for end users, for the use of the SOFTWARE PRODUCT
by end users, for importing countries, imposed by the United States, Japan
and other governmental organizations).
6. CONTACT INFORMATION: Should you have any questions concerning this Agreement, please feel free to contact us at:
Web site: www.netjapan.com
Office Address: NetJapan, Inc.
Asendo Kanda-Kon'yacho Building
8 Kanda-Kon'yacho, Chiyoda-ku
Tokyo 101-0035
Copyright 2015 NetJapan, Inc. All rights reserved.
The software and the related documentation are proprietary products of NetJapan, Inc., and are copyrighted by NetJapan Inc.
ActiveImage Protector, ActiveImage Protector Server, ActiveImage Protector Desktop, ActiveImage Protector IT Pro, ActiveImage Protector for Hyper-V with SHR, ActiveImage Protector for Hyper-V Enterprise, ReZoom, ActiveImage Protector Linux, ActiveImage Protector Virtual, ActiveImage Protector Cluster, ActiveImage Protector Cloud, ActiveImage Protector Basic and ImageBoot are trademarks of NetJapan Inc
Microsoft and Windows are registered trademarks of Microsoft Corporation.
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