Cucku Backup 1.21

EULA - End User License Agreement

CUCKU, INC.

SOFTWARE LICENSE AGREEMENT

NOTICE -- READ THIS BEFORE DOWNLOADING, COPYING OR USING THE SOFTWARE
INSTALLING AND USING THE SOFTWARE ACCOMPANYING THIS LICENSE (THE “PROGRAM”) INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. READ ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT PRIOR TO INSTALLING OR USING THE PROGRAM. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST DELETE THE PROGRAM FROM YOUR COMPUTER.
PLEASE NOTE CERTAIN RESTRICTIONS ON YOUR USE OF THE PROGRAM, NAMELY, YOU MAY SHARE THE PROGRAM WITH OTHERS, BUT YOU MAY NOT MODIFY, SELL OR RESELL IT.

1. License. The Program and the accompanying on-line read-me and help files (the “Documentation”) are licensed, not sold, to you by Cucku, Inc. (“Licensor”). The term “Program” shall also include any updates of the Program licensed to you by Licensor. Subject to the terms of this agreement, you have a non-exclusive and nontransferable right to use and share the Program and Documentation for non-commercial (e.g., not for resale or rental or the like), educational, evaluation or personal purposes only.

2. Limitation on Use: You may not rent, lease or sell copies of the Program or Documentation to others. You may not modify or translate the Program or the Documentation without the prior written consent of Licensor. You may not reverse assemble, reverse compile or otherwise attempt to create the source code from the Program. You may copy and distribute it to as many others as you wish, provided that you do not remove Licensor’s copyright and other legal notices that appear in the Program and that you do not modify, sell or resell the Program.

3. Copyright. The Program and related Documentation are copyrighted by Licensor and its licensors. Certain third party software may be distributed with downloads of the Program. In particular, downloads will include a copy of the software program known as xDelta. xDelta is licensed under the Free Software Foundation’s General Public License. You can receive a machine-readable copy of the corresponding source code for xDelta upon request at a cost not exceeding Licensor’s cost of physical distribution of such code. You should make requests on Licensor’s website at www cucku.com. This offer is valid for three years from the date the Program is installed. Copies of the source code are also available from the xDelta website at http://xdelta.org. Your use of the xDelta source code you receive will be governed by the terms of the General Public License.

4. Ownership. You agree that the Program and Documentation belong to Licensor and its licensors. You agree that you neither own nor hereby acquire any claim or right of ownership to the Program and Documentation or to any related patents, copyrights, trademarks or other intellectual property. Licensor and its licensors retain all right, title and interest in and to the Documentation and all copies and the Program at all times, regardless of the form or media in or on which the original or other copies may subsequently exist. This license is not a sale of the original or any subsequent copy. All content accessed through the Program is the property of the applicable content owner and may be protected by applicable copyright law. This license gives you no rights to such content.

5. Term and Termination. This license is effective until terminated. You may terminate this license at any time by destroying the Program and Documentation in your possession. This license automatically terminates if you fail to comply with its terms and conditions. You agree that, upon such termination, you will either destroy (or permanently erase) all copies of the Program and Documentation, or return the original Program and Documentation to Licensor, together with any other material you have received from Licensor in connection with the Program.

6. DISCLAIMER OF WARRANTY. LICENSOR PROVIDES THE PROGRAM AND THE DOCUMENTATION “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limitation, Licensor makes no representation or warranty that the Program will function as described in the Documentation or on Licensor’s website. All risk of quality and performance of the Program and the Documentation is with the Licensee. Should the Program prove defective, you and not Licensor assume the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of this agreement.

7. LIMITATION OF REMEDIES. IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY INDIRECT DAMAGES OR OTHER RELIEF ARISING OUT OF YOUR USE OR INABILITY TO USE THE PROGRAM INCLUDING, BY WAY OF ILLUSTRATION AND NOT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF SUCH USE OR INABILITY TO USE THE PROGRAM, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. The only remedy for any Licensee dissatisfaction with the standard version of the Program shall be for Licensee to cease use of the Program. The maximum remedy for any Licensee dissatisfaction with the paid version of the Program shall be a refund of the amounts paid for the license.

8. Applicable Law. This license will be governed by the laws of the State of California, without reference to conflicts of laws principles. The United Nations Convention on Contracts for the Sale of Goods does not apply to this license.

9. Export Controls. The Program and the underlying information and technology may not be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Program, you are agreeing to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

10. U.S. Government End Users. The Program is a “commercial item,” as that term is defined at 48 C.F.R. 2.101 (Oct. 1995), consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire only those rights in the Program and the Documentation that are provided by this Agreement.

11. No Other Agreements. This Agreement constitutes the entire agreement between the parties with respect to the Program and the Documentation, and supersedes any other written or oral agreement.