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NETGATE Data Backup EULA

Please read the terms and conditions of this license agreement ("License") before installing NETGATE Data Backup ("Software"). By installing and using the Software you accept and agree to the terms of this License. This License constitutes the entire agreement concerning the Software between You and NETGATE Technologies s.r.o., with its seat at Tajovskeho 8, 971 01 Prievidza, Slovak Republic registered in the Commercial Register of the District Court Trencin Section Sro, Insertion No 17325/R, BIN: 36 710 881. If you do not agree with these terms and conditions, immediately uninstall the Software. The term "Software" includes, and these terms and conditions also apply to, any updates, modifications and upgrades to the Software that you may receive.

I. License

This License permits you to use one copy of the Software for a single computer. The enclosed documentation ("Documentation") may not be copied. You agree that you will not sublicense, assign, transfer, distribute, pledge, lease, rent or share your rights under this License except with prior written permission from NETGATE Technologies s.r.o. You agree that you will not modify, adapt or translate, or disassemble, decompile, reverse engineer or otherwise attempt to discover the source code of the Software.

II. Rights

You acknowledge and agree that the Software and Documentation ("Licensed Products") are proprietary products of NETGATE Technologies s.r.o. protected under copyright law of Slovak Republic, international copyright law and treaties and disclosed to you by NETGATE Technologies s.r.o. in confidence. You shall take all reasonable steps to safeguard the Licensed Products. NETGATE Technologies s.r.o. owns and retains all copyright, trademarks, trade secret and other proprietary rights in and to the Licensed Products. This License conveys to you only a non-exclusive and limited right of use, revocable in accordance with the terms and conditions of this License. Unauthorized reproduction or distribution of this program, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under law.

III. Upgrades and support

From time to time, NETGATE Technologies s.r.o. may make new releases of the Software and updates of the malware signature database. Only users with valid, non-expired license have right to receive such updates and on technical support. Other users may update signature database manually and have no right on technical support. Only users with valid, non-expired license have right to access all features of the Software, other users have right to access only features available in the Limited mode.

IV. Ownership

The Software is licensed, not sold, to You for Your use only under the terms of this Agreement, and NETGATE Technologies s.r.o. reserves all rights not expressly granted to You. You own the media, if any, on which the Software is recorded, but NETGATE Technologies s.r.o. retains ownership of all copies of the Software itself.

V. Trial and Limited mode

If you are using the Software on a trial basis, and are authorized to do so, then You shall have a license under this Agreement to use the Software for the number of days indicated in the materials accompany the Software ("Trial Period") from the date You install it, solely for the purpose of evaluating the Software to determine whether to purchase an ongoing license to the Software. At the end of the Trial Period, the Software will switch to Limited mode. You may use the Software for unlimited number of days in Limited mode for evaluating purposes until you purchase a license. During the Trial or Limited Period, the Software is provided to You "as is" and Your use is entirely at Your own risk.

VI. Warranty Disclaimer

The Software is provided to You "As Is" and NETGATE Technologies s.r.o. and its suppliers and licensors expressly disclaim any and all warranties and representations of any kind with regard to any subject matter of this Agreement, including, without limitation, any warranty of non-infringement, title, fitness for a particular purpose, functionality or merchantiliability, whether express, implied or statutory. No oral or written information or advice given by NETGATE Technologies s.r.o., its employees, distributors, dealers, or agents shall increase the scope of the above warranties or create any new warranties.

VII. Limited Warranty

NETGATE Technologies s.r.o. warrants to you that the Software will perform substantially in accordance with the Documentation for 90 day period following your receipt of the Software. To make a warranty claim, you must return the Software to the location where you obtained it along with a copy of your sales receipt within 30 day period. If the Software does not perform substantially in accordance with the Documentation, the entire and exclusive liability of NETGATE Technologies s.r.o. and its distributors, and your exclusive remedy shall be limited to either, NETGATE Technologies s.r.o.s option, the replacement of the Software or the refund of the license fee you paid for the Software.

VIII. Limitations of Liability

Regardless of whether any remedy set forth herein fails of its essential purpose or otherwise, in no event will NETGATE Technologies s.r.o. or its suppliers be liable to You or to any third party for any lost profits, lost data, interruption of business, or other special, indirect, incidental or consequential damages of any kind arising out of the use or inability to use the Software or any data supplied therewith, even if NETGATE Technologies s.r.o. has been advised of the possibility of such loss or damages and whether or not such loss or damages are foreseeable. In no event shall the liability of NETGATE Technologies s.r.o. exceed the total amount received by NETGATE Technologies s.r.o. from You under this Agreement. You acknowledge that Your use of the NETGATE Data Backup Software may remove or disable other software from Your computer, including software that may or may not be "malware," and You agree that NETGATE Technologies s.r.o. shall not be responsible for such removal or disabling or the results of such removal or disabling. You are solely responsible for selecting which programs the NETGATE Data Backup Software removes from your computer. While NETGATE Technologies s.r.o. uses reasonable efforts to properly identify those products detected by the NETGATE Data Backup Software, and regularly updates its list of such products, NETGATE Technologies s.r.o. cannot guarantee that its list is complete or completely accurate. Because new and/or modified "malware" and other software are regularly introduced, You should make sure You receive Updates to the NETGATE Data Backup software to detect those new products NETGATE Technologies s.r.o. adds when we provide Updates to the NETGATE Data Backup Software.

IX. Information Collection

NETGATE Technologies s.r.o. may process and store certain information about your network and equipment to provide support services. To improve its products, NETGATE Technologies s.r.o. may also upload information from installed Software for cloud scan detection, detected malware or potentially unwanted files and to improve its data bases and develop or improve its services as effectively as possible. NETGATE Technologies s.r.o. products are not designed to capture or retain any personal or private information. In the event you provide NETGATE Technologies s.r.o. with personally-identifiable information, all such information shall be maintained in accordance with NETGATE Technologies s.r.o.s Privacy Policy which can be found at www.netgate.sk. You agree that NETGATE Technologies s.r.o. may a) use uploaded data from installed Software to improve products and services; b) share data that has been identified as malicious or unwanted content with worldwide affiliates and security partners; and c) use and disclose uploaded data for analysis or reporting purposes only if any such use, sharing or disclosure does not identify you or include any information that can be used to identify any individual person. NETGATE Technologies s.r.o. reserves the title, ownership and all rights and interests to any intellectual property or work product resulting from its use and analysis of such information.

X. Termination

The Agreement becomes effective when You agree to the terms and conditions of this Agreement by opening, installing, using, accessing or manipulating the Software ("Effective Date"), and this Agreement will terminate immediately upon notice to You if You materially breach any term or condition of this Agreement. You agree upon termination to promptly destroy the Software and all copies thereof.

XI. High Risk Activity

You acknowledge and agree that the Software is not intended for use with any high risk or strict liability activity, including, without limitation, air or space travel, technical building or structural design, power plant design or operation, life support or emergency medical operations or uses, and that NETGATE Technologies s.r.o. makes no warranty and shall have no liability arising from any use of the Software in any high risk or strict liability activities.

All questions regarding this license agreement please forward to NETGATE Technologies s.r.o., Tajovskeho 8, 971 01 Prievidza, Slovak Republic or by e-mail to netgate@netgate.sk.

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A firewall is a computer software that is designed to block unauthorized access while permitting authorized communications.