END-USER LICENSE AGREEMENT

Important - Read carefully:

This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Author of this Software ("EscSoft") for the Software Product "IDUMPPOD2BACKUP", which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("Software Product"). The Software Product also includes any updates and supplements to original software provided to you.
By installing, copying, or otherwise using the Software Product, you agree to be bound by the terms of this EULA. If you do not agree to any of the terms of this EULA, you are not permitted to use the Software Product in any way, and all copies of it must be deleted from your system(s).

The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Product is licensed, not sold.

DEFINITIONS
Commercial Use: Works based on the Software Product for general purpose and commercial distribution, or, use of the Software Product (either in whole or in part) whether payment, profit or financial gain is sought directly or indirectly, regardless of whether payment or gain is actually realized.

  1. GRANT OF LICENSE. EscSoft grants you the rights described in this EULA provided that you comply with all the terms and conditions of this EULA:

a.     General Software License Grant. You are granted a right to install the Software Product and use it in order to interact with your iPod/iTunes. EscSoft grants the use of the Software Product according to one of the license types below as identified in the product title.  All entities must have a separate license.

b.     Trial/Demo version (No costs). Use of the Software Product without purchase of a License shall be limited to evaluation purposes only.

c.      Single User License. If you purchased a Single User License, EscSoft grants to you one (1) personal, nontransferable, nonexclusive, royalty-free license to use copies of the Software Product and install such Software on your machine(s) for your single concurrent internal use. Use of the Software Product by other individuals is permitted only if said other individual has been licensed to use the Software Product.

    1. Disassembly. You may not modify this product in any manner. You shall not, nor allow others to copy, in whole or in part, emulate, sub-licence, sell, transfer, exploit, alter, modify or adapt the Software Product nor decompile, dissemble or reverse engineer the same nor attempt to do such thing.
    2. Reservation of Rights. EscSoft reserves all rights not expressly granted herein.

 

2.     DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

a.       Rental. You may not lease or rent the Software Product.

b.      Proprietary notices. You may not remove any proprietary notices or labels on the Software Product.

c.       Consideration. For the rights and license granted in this EULA you will pay EscSoft the currently published retail price available at LifeAfterPod.co.uk or another mutually agreed upon amount to appear on a valid invoice.

d.      Termination. Without prejudice to any other rights, EscSoft may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software Product and all of its component parts.

e.      Term. The term of this EULA shall continue perpetually from the date of purchase unless terminated according to the provisions in section 2(d).

 

3.     SOFTWARE MAINTENANCE AND UPDATES

a.     EscSoft periodically releases updates to existing versions. Point release updates are free. Example version 1.2.0.0 to version 1.3.0.0. A Major version update will require a new license key to be purchased. Example would be from version 1.3.0.0 to version 2.0.0.0.

b.     EscSoft is not obligated to, but may at its own option, provide free email support.

c.      If this copy of the Software Product is an major upgrade from an earlier version of the Software Product, it is provided to you on a license exchange basis. You agree by your installation and use of such copy of the Software Product to voluntarily terminate your earlier EULA and that you will not continue to use the earlier version of the Software Product or transfer it to another person or entity unless such transfer is otherwise valid according to the terms of this EULA.

4.     COPYRIGHT. All title and copyrights in and to the Software Product (including but not limited to any images, photographs, text, and "applets" incorporated into the Software Product), the accompanying printed materials, and any copies of the Software Product are owned by EscSoft. The Software Product is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software Product like any other copyrighted material.

5.     LIMITATION OF LIABILITY.

a.     No warranties. EscSoft expressly disclaims any warranty for the Software Product. The Software Product and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or non-infringement. The entire risk arising out of use or performance of the Software Product remains with you.

b.     No liability for damages. To the maximum extent permitted by applicable law, in no event EscSoft is liable for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use this product (including but not limited to loss of data, or data being rendered inaccurate, or losses sustained by you or third parties, or a failure of the program to operate with any other programs), even if EscSoft has been advised of the possibility of such damages.

c.      Support with iTunes. iTunes is a third party product which is out of the control of EscSoft.  There is no gaurantee that the software will be compatibile with iTunes or be able to use iTunes to read any iOS device.  You can read the latest updates on support for iOS devices at http://www.escsoft.com/faq.htm.

DISCLAIMER. THIS SOFTWARE IS PROVIDED "AS IS", WITHOUT A WARRENTY OF ANY KIND. THE AUTHOR OF THIS SOFTWARE ("ESCSOFT") WILL NOT TAKE ANY RESPONSIBILITY FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THE SOFTWARE. IN NO EVENT WILL ESCSOFT BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF ESCSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AUTHOR DOES NOT WARRANT THAT ESCSOFT IDUMPPOD2BACKUP IS FREE FROM BUGS, ERRORS, OR OTHER PROGRAM LIMITATIONS. LIMITATION OF LIABILITY AND DAMAGES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AUTHOR IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO: DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE AUTHOR WILL NOT BE SUBJECT TO LIABILITY FOR ANY BUGS OR DAMAGES CAUSED BY CERTAIN IDUMPPOD2BACKUP FEATURES.

6.     LANGUAGE OF AGREEMENT. You agree that this EULA be drafted in the English language.