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.
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:
1.9.1 You may use 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 The use ofthe ImageBoot and ImageCenter LE utility are not limited to
systems in which ActiveImage Protector is installed
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, ImageBoot and ImageCenter LE are
trademarks of NetJapan Inc.
AIP_EN_EULA_20151001