Solicitud de traducción: Click’n Backup Terms and Conditions

Les traigo otro ladrillo legal :P

Pagina original: http://www.mandriva.com/en/legal/mdvbackup/

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If you accept these Terms and Conditions, then your use of the Mandriva Backup Service is subject to the legal terms and conditions stated below as a binding contract. If these Terms and Conditions stated herein conflict with any terms and conditions in any other agreement you have with the provider of the service, then these Terms and Conditions control. If you are an individual who is accepting these Terms and Conditions on behalf of a company or other legal entity, then you represent that you have the authority to bind that entity to these Terms and Conditions.

1. DEFINED TERMS.

Some words used in these Terms and Conditions have particular meanings:

“Acceptable Use Policy” or “AUP” means the Acceptable Use Policy appearing at the end of these Terms and Conditions.
“Software” means: the (i) Mandriva Backup software and/or any other software that may be provided to you as part of the Services, and (ii) any updates, bug fixes, and successor versions or revisions that may be provided to you from time to time to supplement or replace the foregoing.
“Services” means: your right to use the Software and the Storage.
“Storage” means the remote file storage service that is accessible via the Internet and is accessible through the user interface of the Software.

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2. LICENSE TERMS FOR SOFTWARE.

The Software is licensed not sold. You may use the machine readable version of the Software only, and only in connection with your use of the Storage. You may authorize use of the Software by that number of your employees or agents for whom you have paid a license fee. Your authorized users must be individual, natural persons, and not business entities or organizations. Each authorized user may install and use the Software on as many computers as he or she wishes, but a license for a single user may not be shared by two or more individuals. You may permanently transfer authorization to use the Software to a new individual user within your organization. You may use any documentation included with the Software or otherwise provided to you, such as Help Files and FAQ, only in connection with your use of the Software. You may not copy the documentation except as reasonably incident to the permitted use of the Software. You may not assign, sublicense or transfer the Software, any documentation, or the license for the Software or documentation. You may not remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on the Software or documentation. Unless permitted by the terms of an open source software license, you may not reverse engineer, decompile or disassemble the Software except and to the extent that you are expressly permitted by applicable law to do this, and then following at least ten days advance written notice to your service provider. Please see the documentation included with the Software for information regarding open source licensing for certain components of the Software. You must promptly begin using any updated version or new version of the Software that is provided to you, and you may not use any prior version after the time that the new or updated version is installed. This license may be revoked or terminated at any time without liability, except that if it is revoked or terminated prior to the expiration or termination of the committed term of your service agreement, and you are not provided with substitute software that enables you to effectively use the Service, you are entitled to a refund any prepaid fees for the unused portion of the term of your service agreement. You may not use the Services or the Software in any nuclear, aviation, mass transit or medical application or in any other inherently dangerous applications. You acknowledge that the Software includes a reporting feature that will report usage information (but not the content of your files) to your service provider’s licensor via the Internet. This information will be used only for the purpose of verifying your compliance with these Terms and Conditions. You have only the rights in the Software expressly granted in this Section, and all other rights are reserved. Restricted Rights: If the Services are paid for with United States federal government funds or are intended for use within or for any United States federal agency, the Software is provided with “Restricted Rights” as defined in DFARS 252.227-7013, Rights in Technical Data and Computer Software and FAR 52.227-14, Rights in Data-General, including Alternate III, as applicable. You must notify your service provider in advance if you are a federal government entity or are using federal government funds to pay for your use of the Services.

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3. ENCRYPTION.

The Software allows you to encrypt your files, both in transit to and from your Storage account, and while stored. You agree that you will encrypt any sensitive or confidential information using the Software, and that you will not bring a legal claim for harm you suffer resulting fro a data breach or other unauthorized use or disclosure of files that were not encrypted using the Software.

4. OTHER TERMS.

You may access the Storage only via the user interface that is included with the Software, or other means that may be provided to you by your service provider. You may not resell the Services. You agree to keep a current and reliable copy of all your stored files.

There is not guaranty that the Services or the Software will be uninterrupted, error-free, or completely secure. You acknowledge that there are risks inherent in Internet connectivity that could result in the loss of your privacy, Confidential Information, and property. Any and all warranties not expressly stated in these Terms and Conditions are hereby disclaimed including the implied warranties of merchantability, fitness for a particular purpose, and noninfringement. You are solely responsible for the suitability of the service chosen.

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5. EXPORT MATTERS.

You represent and warrant that you are not on the United States Department of Treasury, Office of Foreign Asset Controls list of Specially Designated National and Blocked Persons and are not otherwise a person to whom your service provider is legally prohibited to provide the Services. You may not use the Services for the development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles, in a country listed in Country Groups D: 4 and D: 3, as set forth in Supplement No. 1 to the Part 740 of the United States Export Administration Regulations, nor may you provide access to the Service to any person (including any natural person or government or private entity ) that is located in or is a national of Cuba, Iran, Libya, Sudan, North Korea or Syria or any country that is embargoed or highly restricted under United States export regulations. The Software contains “strong encryption” that is controlled for export by United States law and the laws of other countries.

6. LIMITATION ON DAMAGES.

Neither party to these Terms and Conditions (nor any of its employees, agents, affiliates or suppliers) is liable to the other for any lost profits or any other indirect, special, incidental or consequential loss or damages of any kind, or for punitive or exemplary damages, or for any loss that could have been avoided by the damaged party’s use of reasonable diligence, even if the party responsible for the damages has been advised or should be aware of the possibility of such damages.

You agree that in no event will you be entitled to recover money damages in connection with the Services, the Software, or these Terms and Conditions from your service provider or any of its employees, agents, affiliates or suppliers in excess of the amount you paid for the Services that are the subject of the claim during the three months prior to the occurrence of the events giving rise to the claim, unless damages result from willful misconduct, fraudulent misrepresentation, death or personal injury resulting from negligence, the maximum aggregate monetary liability of the service provider and any of its employees, agents, suppliers, or affiliates in connection with the Services, the Software, the Terms and Conditions, and any act or omission related to the Services, the Software, or the Terms and Conditions under any theory of law (including breach of contract, tort, strict liability, and infringement) shall not exceed the greater of One Hundred Dollars ($100.00) or the amount paid for the Services that are the subject of the claim during the three months prior to the occurrence of the events giving rise to the claim.

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7. MICROSOFT SOFTWARE.

The Storage relies in part on Microsoft software. Microsoft requires that we notify you of this and advise you that Microsoft is not responsible for providing any support in connection with the Services.

8. ASSIGNMENT/SUBLICENSE.

You may not assign these Terms and Conditions or sublicense or transfer the Software without your service provider’s prior written consent. Your service provider may assign the Agreement in whole or in part.

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9. GOVERNING LAW, LAWSUITS.

These Terms and Conditions are governed by the laws of the State of Georgia, exclusive of any Georgia choice of law principle that would require the application of the law of a different jurisdiction, and the laws of the United States of America, as applicable. The Terms and Conditions shall not be governed by the United Nations Convention on the International Sale of Goods. Exclusive venue for all disputes arising out of the Terms and Conditions shall be in the state or federal courts in Gwinnet County, Georgia, and we each agree not to bring an action in any other venue. You waive all objections to this venue and agree not to dispute personal jurisdiction or venue in these courts. You agree that you will not bring or participate in any class action lawsuit against your service provider or any of its suppliers, employees or affiliates. You agree not to bring a claim under these Terms and Conditions more than two years after the time that the claim accrued.

10. MISCELLANEOUS.

If any part of the Agreement is found unenforceable by a court or other tribunal, the rest of the Agreement will nonetheless continue in effect and we agree that the tribunal may reform the unenforceable part if it is possible to do so consistent with the material economic incentives of the parties resulting in this Agreement. Each of us may enforce each of our respective rights under the Agreement even if we have waived the right or failed to enforce the same or other rights in the past. The captions in the Agreement are for convenience only and are not part of the Agreement. The use of the word “including” in the Agreement shall be read to mean “including without limitation.” Sections 6, 9, and 10 of these Terms and Conditions, and all other provisions that by their nature are intended to survive expiration or termination of the Agreement shall survive expiration or termination of the Agreement.

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Acceptable Use Policy

Your services may be suspended or terminated for violation of this AUP in accordance with these Terms and Conditions.

Capitalized terms used in this AUP shall have the meaning given in the Terms and Conditions.

Abuse

You may not use the Services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including:

Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network;
Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network;
Interference with service to any other user of the Services or other network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
Use of an Internet account or computer without the owner’s authorization;
Collecting or using email addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting);
Collecting or using information without the consent of the owner of the information;
Use of any false, misleading, or deceptive TCP-IP packet header information in an email or a newsgroup posting;
Use of the service to distribute software that covertly gathers information about a user or covertly transmits information about the user;
Use of the service for distribution of advertisement delivery software unless: (i) the user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and (ii) the software is easily removable by use of standard tools for such purpose included on major operating systems; (such as Microsoft’s “ad/remove” tool); or
Any conduct that is likely to result in retaliation against the service provider’s network or website, or its employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS) or provoking a termination or threatened termination by its suppliers.

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Excessive Use of System Resources

You may not use your Service in a way that unnecessarily interferes with the normal operation of the services generally.

Offensive Content

You may not publish, transmit or store on or via the Services any content or links to any content that we reasonably believe:

Constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, or non-consensual sex acts;
is excessively violent, incites violence, threatens violence or contains harassing content or hate speech;
is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
is defamatory or violates a person’s privacy;
creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security or interferes with a investigation by law enforcement;
improperly exposes trade secrets or other confidential or proprietary information of another person;
is intended to assist others in defeating technical copyright protections;
infringes on another person’s copyright, trade or service mark, patent or other property right;
promotes illegal drugs, violates export control laws, relates to illegal gambling or illegal arms trafficking;
is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to your service provider or its suppliers; or
is otherwise malicious, fraudulent or may result in retaliation against your service provider by offended viewers.

Content “published or transmitted” via the Services includes Web content, email, bulletin board postings, chat and any other type of posting or transmission that relies on the Internet.

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Copyrighted Material

You may not use the Services to download, publish, distribute, or otherwise copy or use in any manner any text, music, software, art, image or other work protected by copyright law unless:

you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner; or
you are otherwise permitted by established copyright law to copy the work in that manner.

It is our policy to terminate in appropriate circumstances the services of customers who are repeat infringers.

Quarantine

You agree that we may quarantine or delete any data stored on a shared system if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the system or other users’ data that is stored on the same system.

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