Terms and Conditions (User Agreement)

Online Backup services are powered by Vembu StoreGrid Service Provider Edition backup software developed by Vembu Technologies Pvt. Ltd. Besides the terms & conditions of Online Backup services, customers and clients of Online Backup are therefore also bound by Cloud Cover' End User License Agreement (EULA) as outlined below.

Vembu Technologies Software License Agreement (Service Provider Edition)

This License Agreement details the policy for license of

Cloudcover.com.au encrypted data backup.

following topics:

Evaluation License

Business License

Technical Support

Please read the following license carefully, before either

(i) completing the electronic order or download of the Licensed Software

from an authorised website, or (ii) installing the Licensed Software from

media that was delivered after being ordered by alternative order process,

as applicable. You acknowledge that you have read this License Agreement,

have understood it, and agree to be bound by its terms. If you do not agree

to the terms and conditions of this Agreement, either (i) exit the web site

page without continuing the ordering process, or (ii) return the provided

unused media and documentation within thirty (30) days from the date of

shipment of the Licensed Software for a full refund of your payment, as

applicable.

1. Evaluation License:

Cloud Cover  grants to you a non-exclusive, non-transferable,

Evaluation License for trial and evaluation of the Licensed software,

in binary object code form, for a period of thirty (30) days from the

date of download or installation.

This License begins upon downloading or installing the Licensed Software

and ends thirty (30) days thereafter ("Evaluation Period"). If you are not

willing to use the Licensed Software after the Evaluation Period, delete all

the copies installed in your computer with immediate effect. You are forbidden

from using the Licensed Software for any other use or otherwise offering it

for resale under the terms of this Section 1. Vembu Technologies retains all

rights not specifically granted to you herein.

2. Business License:

As part of purchasing a fee-bearing commercial license, Vembu Technologies

grants you a limited, non-exclusive, non-transferable, non-assignable,

non-sub-licensable world-wide license to Use the Licensed Software, including

user documentation that you have downloaded from or received on media provided

by Vembu Technologies, including all updates provided through the Vembu

Technologies subscribed support services, where applicable, provided that such

access and Use of the Licensed Software is in accordance with the Time Limited

Network License you have properly licensed and paid. "Use" means storing, loading,

installing, executing the Licensed Software. Time Limited Network License means

that the number of machines in a network the Licensed Software can be installed

and the time period the Licensed Software can be used. Licensed Software may not

be bundled or distributed with yours or any third party application(s), nor may

it be used in a hosting or ASP environment unless a separate and unique

ServiceProvider/VAR/OEM agreement is in place with Vembu Technologies that

explicitly grants these rights.

3. Third Party Products:

The Licensed Software may contain software which originated with third

party vendors and without limiting the general applicability of the other

provisions of this Agreement, you agree that (a) the title to any third party

software incorporated in the Licensed Software shall remain with the third

party which supplied the same; and (b) you will not distribute any such

third party software available with the Licensed Software, in any manner,

unless the license of the third party software states otherwise.

4. Restrictions on Use:

In addition to all other terms and conditions of this Agreement, you shall not:

(i) install the Licensed Software in more computers than the number of computers

the license is granted for;

(ii) use the licensed software beyond the time period the license is granted for;

(iii) remove any copyright, trademark or other proprietary notices from the

Licensed Software or its copies;

(iv) rent, lease, license, sublicense or distribute the Licensed Software or any

portions of it on a standalone basis or as part of your application;

(v) modify or enhance the Licensed Software;

(vi) use the Licensed Software in a computer-based services business or

publicly display visual output of the Licensed Software or use the

Licensed Software for the benefit of any other person or entity;

(vii) reverse engineer, decompile or disassemble the Licensed Software.

(viii) allow any third parties to access, use or support the Licensed Software.

5. Technical Support:

Cloud Cover Technologies provides support that includes email support for

problem reporting, product updates, for a period of one year. Cloud Cover

Technologies specifically excludes upgrades from the support program.

Upgrade to the Licensed Software will be provided upon payment of an

Upgrade License Fee in accordance with Cloud Cover' then

current pricing policy.

6. Ownership and Intellectual Property:

Cloud Cover Technologies owns all right, title and interest in and to the

Licensed Software. Vembu Technologies expressly reserves all rights

not granted to you herein, notwithstanding the right to discontinue or

not to release any Licensed Software and to alter prices, features,

specifications, capabilities, functions, licensing terms, release dates,

general availability or characteristics of the Licensed Software. The

Licensed Software is only licensed and not sold to you by

Cloud Cover.

7. Audit:

Cloud Cover Technologies has the right to audit your Use of the Licensed

Software by providing at least seven (7) days prior written notice of

its intention to conduct such an audit at your facilities during normal

business hours.

8. Confidentiality:

The Licensed Software contains proprietary information of Vembu

Technologies that are protected by the laws of the United States and

you hereby agree to take all reasonable efforts to maintain the

confidentiality of the Licensed Software. You agree to reasonably

communicate the terms and conditions of this Agreement to those

persons employed by you who come into contact with or access the

Licensed Software, and to use reasonable efforts to ensure their

compliance with such terms and conditions, including but not

limited to, not knowingly permitting such persons to use any

portion of the Licensed Software for a purpose that is not allowed

under this Agreement.

9. Warranty Disclaimer:

Cloud Cover Technologies does not warrant that the Licensed Software

will be error-free. Except as provided herein, the Licensed Software is

furnished "as is" without warranty of any kind, including the warranties

of merchantability and fitness for a particular purpose and without

warranty as to the performance or results you may obtain by using the

Licensed Software. You are solely responsible for determining the

appropriateness of using the Licensed Software and assume all risks

associated with the use of it, including but not limited to the risks of

program errors, damage to or loss of data, programs or equipment, and

unavailability or interruption of operations.

Because some jurisdictions do not allow for the exclusion or limitation

of implied warranties, the above exclusions or limitations may not apply to you.

10. Limitation of Liability:

In no event will Cloud Cover Technologies be liable to you or any third party

for any special, incidental, indirect, punitive or exemplary or consequential

damages, or damages for loss of business, loss of profits, business

interruption, or loss of business information arising out of the use or inability

to use the program or for any claim by any other party even if Cloud Cover Technologies

has been advised of the possibility of such damages. Cloud Cover Technologies' entire

liability with respect to its obligations under this agreement or otherwise with

respect to the Licensed Software shall not exceed the amount of the Time Limited

Network License fee paid by you for the Licensed Software.

Because some jurisdictions do not allow the exclusion or limitation of liability

for incidental or consequential damages, the above exclusions or limitations

may not apply to you.

11. Termination:

This Agreement is effective until terminated by either party. You may

terminate this Agreement at any time by written cancellation.

12. General:

This Agreement shall be construed, interpreted and governed by the laws of

Australia exclusive of its conflicts of law provisions. This

Agreement constitutes the entire agreement between the parties, and

supersedes all prior communications, understandings or agreements between

the parties. Any waiver or modification of this Agreement shall only be

effective if it is in writing and signed by both parties hereto.

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This software is a collective work consisting of the following Open Source components:

Apache software, PHP and librsync each licensed under a separate Open Source License.

vembu Technologies is not affiliated with nor endorsed by any of the above providers.

1.) Apache Version 2.0.59 developed by The Apache Software Foundation (http://www.apache.org/).

For license details please see the file at <STOREGRID_HOME_DIR>/apache/LICENSE.txt

2.) PHP Version 5.2.6 developed by The PHP Group (http://www.php.net).

For license details please see the file at <STOREGRID_HOME_DIR>/php/LICENSE.txt

3.) GD 2.0.35 software used "AS IS" available at <STOREGRID_HOME_DIR>/gd/COPYING

4.) librsync version 0.9.7.

5.) This product includes openssl version 0.9.8e developed by OpenSSL Project.

6.) This product includes zlib version 1.2.2 freely available

from http://www.zlib.org or http://www.gzip.org/zlib/.

7.) curl 7.16.0(http://curl.haxx.se/) used "AS IS".

8.) unixODBC 2.2.15pre (http://www.unixodbc.org/), used only in Store Grid Linux versions.

9.) libodbc++ 0.2.3 (http://libodbcxx.sourceforge.net/).

10.) Info-ZIP - Zip 3.00 (http://www.info-zip.org/).

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