IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Actiphy, Inc. ("ACTIPHY ") for vStandby AIP identified above which may include associated software components, 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 ACTIPHY, 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 ACTIPHY with its prior written consent.

By loading the SOFTWARE PRODUCT to RAM or by installing the SOFTWARE PRODUCT on an Operating System, 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.
The SOFTWARE PRODUCT manages the type of IMAGE FILE and numbers and you may create virtual standby replica from the type and numbers that you have purchased with License. Said image file means that multiple base and incremental image file, created by ActiveImage Protector from one source computer.

1-1) 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.

1-2) NFR Software License: 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.

1-3) Beta Testing License: Solely for testing and evaluation purposes, a beta version of the SOFTWARE PRODUCT is provided to selected users. ACTIPHY 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.

1-4) Transfer of License:
You may transfer a licensed copy of the SOFTWARE PRODUCT from a former Operating System to a replacement Operating System, provided that you completely terminate the use of the SOFTWARE PRODUCT on the former Operating System and delete the standby virtual machine created by the SOFTWARE PRODUCT.

1-5) 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 ACTIPHY.

All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by ACTIPHY 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.

ACTIPHY 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 ACTIPHY 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 ACTIPHY 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. ACTIPHY 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 ACTIPHY 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 ACTIPHY has been advised of the possibility of such damages. In no event shall ACTIPHY 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 ACTIPHY'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.

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.

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).


Actiphy, Inc.
8 Kanda-Kon'yacho, Chiyoda-ku, Tokyo 101-0035

The SOFTWARE PRODUCT and the related documentation are proprietary products of Actiphy, Inc., and are copyrighted to the company.
Copyright(c) 2020 Actiphy, Inc. All Rights Reserved Worldwide.


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