FileBack PC License Agreement

IMPORTANT - THIS IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR AN ENTITY) AND MAXIMUM OUTPUT SOFTWARE. BY INSTALLING AND/OR BY USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS. YOU FURTHER AGREE THAT IT IS THE FULL AND COMPLETE AGREEMENT BETWEEN US, SUPERSEDING ALL PRIOR WRITTEN OR VERBAL AGREEMENTS OF ANY KIND. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST CEASE USING THIS PRODUCT IMMEDIATELY AND PROMPTLY RETURN ALL MATERIALS (INCLUDING DISK OR DISKS AND WRITTEN MATERIALS) TO MAXIMUM OUTPUT SOFTWARE.

Maximum Output Software Software License Agreement

1. GRANT OF LICENSE. This License Agreement permits you to use one copy of the Maximum Output Software software program (the "SOFTWARE") on a single computer. The SOFTWARE is in "use" on a computer when it, in usable form, is loaded into temporary memory (i.e. random access memory) or installed into permanent storage (e.g. hard disk drive, CD-ROM, or other storage device) of that computer. However, the installation files may be placed on a networked computer for the sole purpose of internal distribution, and shall not constitute "use" for which a separate license is required, provided you have purchased a separate license for each computer to which the SOFTWARE is installed.

2. COPYRIGHT. The SOFTWARE is owned by Maximum Output Software, and is protected by United States copyright laws and international treaty provisions. The SOFTWARE must be treated like all other copyrighted materials (e.g. books or musical recordings), with the two following exceptions: You may either (a) make copies of the SOFTWARE solely for backup or archival purposes, or (b) transfer the SOFTWARE to a single hard disk of each computer where the software is installed provided you keep the original solely for backup or archival purposes. You may not copy any written materials accompanying the SOFTWARE.

3. OTHER RESTRICTIONS. Renting or leasing of the software is not permitted. You may transfer the SOFTWARE and accompanying written materials on a permanent basis provided you retain no copies and the recipient agrees to the terms of this Agreement. You may not decompile, reverse engineer, or disassemble the SOFTWARE. If the SOFTWARE is an update or has been updated, any transfer must include the most recent update and all prior versions.

LIMITED WARRANTY. This program is provided "as is" without any warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of  merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the SOFTWARE is with you, the licensee. Should the SOFTWARE prove defective, you assume the risk and liability for the entire cost of all necessary repair, service, or correction. Some states/jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights, and you may have other rights, which vary from state/jurisdiction to state/jurisdiction.

Maximum Output Software does not warranty the functions contained in the SOFTWARE will meet your requirements, or that the operation of the SOFTWARE will be error-free or uninterrupted. Maximum Output Software does warrant that the disk(s) on which the program is furnished shall be free from defects in materials and workmanship for a period of ninety (90) days from the date of purchase, so long as proof of purchase is provided.

CUSTOMER REMEDIES. Maximum Output Software's and its suppliers' entire liability and your exclusive remedy shall be, at Maximum Output Software's option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE that does not meet Maximum Output Software's Limited Warranty and which is returned to Maximum Output Software with proof of purchase. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Neither these remedies nor any product support services are available outside the United States without proof of purchase from an authorized non-U.S. source.

NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, Maximum Output Software and its suppliers disclaim all other warranties, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with regard to the SOFTWARE, the accompanying written materials, and any accompanying hardware. This limited warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall Maximum Output Software or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use or inability to use this Maximum Output Software product, even if Maximum Output Software has been advised of the possibility of such damages or for any claim by any other party. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

U.S. Government Restricted Rights

The SOFTWARE and documentation are subject to export controls under the United States Export Administration Act, as amended, which Act prohibits exports of certain commodities and technical data, including software, to specified countries. In particular, the SOFTWARE may not be exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria. You hereby certify that neither the SOFTWARE nor the documentation will be transmitted or forwarded outside of your country.

If you acquired this product in the United States, this Agreement is governed by the laws of the State of Utah.