vStandby 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 vStandby 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 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 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. Refer to your NETJAPAN license certificate to confirm
the type and the number of licenses you have purchased.
1-1) Server/Desktop 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) 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.
1-3) 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.
1-4) 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.
1-5) 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.
1-6) 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 EULA, please feel free to
contact us:
Web site: www.netjapan.com
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 to the company.
vStandby, is trademark of NetJapan Inc.
VSB-EN-EULA-20150105