BackPack Professional 4.60

EULA - End User License Agreement

BackPack Professional 4 (Standard Edition) - Copyright 1999-2006 Elmbrook Technologies Limited. All Rights Reserved.

End User Software License Agreement - BackPack Professional 4 (Standard Edition).
This is a legal agreement between the Licensee and Elmbrook Technologies Limited. Elmbrook Technologies Limited is willing to license this software to you only upon the condition that you accept all of the terms and conditions contained in the following license agreement. BEFORE YOU CLICK ON THE "I ACCEPT" BUTTON, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING ON THE "I ACCEPT" BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. If YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "I DO NOT ACCEPT" BUTTON AND THE SOFTWARE WILL NOT CONTINUE INSTALLATION TO YOUR COMPUTER.

System Requirements:
Microsoft Windows 2000/XP/2003.
DEFINITIONS:
"Licensor" shall be taken as referring to Elmbrook Technologies Limited.
"Licensee" shall be taken as referring to the person who for PERSONAL USE ONLY is evaluating or using the software.
"Software" shall be taken as referring to BackPack Professional Standard Edition and its support files and to any and all copies, updates, modifications, functionally-equivalent derivatives, or any parts or portions thereof.
GRANT OF LICENSE
The Licensor retains the ownership of this software including documentation and any subsequent copies of the product but licenses it for you to use.
EVALUATION VERSION LICENSE
This software may be used for evaluation, for a period of 15 days, after which it must be registered for continued free personal use. All terms and conditions of this End User License Agreement apply.
STANDARD EDITION LICENSE (FREE FOR PERSONAL USE ONLY)

BackPack Professional 4 Standard Edition may be used FREE for PERSONAL USE ONLY. Any Commercial or Business Activity must purchase a License to use BackPack Professional 4 Business Edition.
All terms and conditions of this End User License Agreement apply.
CONDITION OF FREE USE:

The software must be registered to each user; this requires a valid email address and end user name. A Licence Key in the name of the registered personal user is emailed when your FREE KEY is applied for. Please ensure that support@backpackpro.com is white listed in your system or check that any return email has not been filtered.

By licensing this FREE Version of BackPack Professional Software YOU AGREE to receive BackPack Professional Updates and/or Promotional emails. Elmbrook Technologies Ltd maintains a strict "no-spam" policy. Your e-mail address will not be sold, rented, loaned, traded, or leased.

Use of this Software
You have the non-exclusive right to use BackPack Professional software installed on a single computer and by one user at a time. You shall not alter, modify, translate, decompile, or disassemble this software or attempt to do so. You shall not rent, sub-license or distribute this software.

Backup Copy
You may copy this program soley for backup purposes. It must be reproduced in full and include this End User License Agreement and Copyright Notice.

PROPRIETARY RIGHTS
Other than any license granted herein, Licensor retains exclusive proprietary rights (including all rights, title, and interest) in the Software. Licensee agrees not to represent that the Licensor is affiliated with or approves of Licensee's application software in any way. Licensee shall not use Licensor's name, trademarks, or any Licensor designation in association with Licensee's application software.
LIMITED WARRANTY / DISCLAIMER
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SOFTWARE AND ACCOMPANYING FILES IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONFORMANCE WITH DESCRIPTION, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (NOT ELMBROOK TECHNOLOGIES LIMITED) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

Elmbrook Technologies Limited does not warrant that the functions contained in this Software will meet your requirements or that the operation of this Software will be uninterrupted or error-free. Elmbrook Technologies Limited MAY make available Limited Free Technical Support for this Free Software and may, from time to time, revise or update the software. In so doing, Elmbrook Technologies Limited incurs no obligation to furnish such revision or updates to you.

YOU USE THE SOFTWARE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ELMBROOK TECHNOLOGIES LIMITED,ITS DEVELOPERS, DEALERS, SUPPLIERS OR RESELLERS BE LIABLE EITHER DIRECTLY OR INDIRECTLY TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SALES, INJURY TO PERSON OR PROPERTY, OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS SOFTWARE EVEN IF ELMBROOK TECHNOLOGIES LIMITED OR AUTHORIZED REPRESENTATIVE(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT SHALL LICENSOR'S LIABILITY EXCEED AMOUNTS PAID TO LICENSOR BY LICENSEE UNDER THE TERMS OF THE AGREEMENT.
NEWSGROUP NOTE
Newsgroups can contain pictures or other material that some people might find offensive. Elmbrook Technologies Ltd is not responsible for any pictures or other material and has no control over any material that is posted.
MISCELLANEOUS
The laws of New Zealand shall govern this License Agreement. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded and any dispute regarding this Agreement will be subject to the law courts of New Zealand. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. This Agreement supersedes any other agreement.

14 December 2006