Acronis Recovery for Microsoft Exchange - User Guide User Manual
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Standard Software license. A standard Software License is the general license that is available to
LICENSEE. Unless the Virtual Edition Software is purchased, you have purchased the standard Software
License and may run on the licensed Hardware, at any one time as follows:
•
One (1) instance of the Hardware installed Software in one physical operating system environment; and
•
Up to four (4) instances of the Hardware installed Software in virtual operating system environments
(only one (1) instance per virtual operating system environment).
If you run all five (5) permitted instances at the same time, the instance of the Hardware installed Software
running in the physical operating system environment may be used only to run hardware virtualization
software and to manage and service operating system environments on the licensed Hardware.
Virtual Edition. Virtual Edition (as identified by the product name (for example, True Image Virtual Edition)) is
licensed by physical Hardware. You may run on the licensed Hardware, at any one time as follows:
•
One instance of the Hardware software in one physical operating system environment; and
•
As many instances of the Hardware software in virtual operating system environments.
Support.
If LICENSEE is under a current support contract with LICENSOR with respect to the Software and is
current in paying all amounts due thereunder, LICENSOR shall make available to LICENSEE the support
described in this paragraph (the “Support”) on a twenty four (24) hours a day, seven (7) days per week basis.
Support shall consist of: (i) supplying telephone or other electronic support, as determined by LICENSOR in its
sole discretion, to LICENSEE in order to help LICENSEE locate and, on its own, correct problems with the
Software and (ii) supplying all extensions, enhancements and other changes that LICENSOR, at its sole
discretion, makes or adds to the Software and which LICENSOR makes generally available, without additional
charge, to other licensees of the Software that are enrolled in Support. Upon mutual written agreement by both
parties, LICENSOR may, but shall not be required to: (i) supply code corrections to LICENSEE to correct
Software malfunctions in order to bring such Software into substantial conformity with the published operating
specifications for the most current version of the Software unless LICENSEE’s unauthorized modifications
prohibit or hamper such corrections or cause the malfunction; or (ii) supply code corrections to correct
insubstantial problems at the next general release of the Software.
Limitations.
Notwithstanding any references to “purchase” , the Software is licensed and not sold pursuant to
this Agreement. This Agreement confers a limited license to the Software and does not constitute a transfer of
title to or sale of all or a portion of the Software, and LICENSOR retains ownership of all copies of the Software.
LICENSEE acknowledges that the Software contain trade secrets of LICENSOR, its suppliers or licensors,
including but not limited to the specific internal design and structure of individual programs and associated
interface information. Accordingly, except as otherwise expressly provided under this Agreement, LICENSEE
shall have no right, and LICENSEE specifically agrees not to: (i) transfer, assign or sublicense its license rights
to any other person or entity, or use the Software on ay equipment other than the Hardware, and LICENSEE
acknowledges that any attempted transfer, assignment, sublicense or use shall be void; (ii) make error
corrections to or otherwise modify or adapt the Software or create derivative works based upon the Software, or
permit third parties to do the same; (iii) reverse engineer or decompile, decrypt, disassemble or otherwise reduce
the Software to human-readable form, except to the extent otherwise expressly permitted under applicable law
notwithstanding this restriction; (iv) use or permit the Software to be used to perform services for third parties,
whether on a service bureau or time sharing basis or otherwise, without the express written authorization of
LICENSEE; or (v) disclose, provide, or otherwise make available trade secrets contained within the Software in
any form to any third party without the prior written consent of LICENSOR.
Confidentiality.
The Software is a trade secret of LICENSOR and is proprietary to LICENSOR. LICENSEE
shall maintain Software in confidence and prevent disclosure of Software using at least the same degree of care
it uses for its own similar proprietary information, but in no event less than a reasonable degree of care.
LICENSEE shall not disclose Software or any part thereof to anyone for any purpose, other than to employees
for the purpose of exercising the rights expressly granted under this Agreement. License shall not, and shall not
allow any third party to, decompile, disassemble or otherwise, reverse engineer or attempt to reconstruct or
discover any source code or underlying ideas, algorithms, file formats or programming or interoperability
interfaces of Software or of any files contained or generated using Software by any means whatsoever. The
obligations under this paragraph shall survive any termination of the Agreement.
Disclaimer of Warranties.
THE SOFTWARE IS PROVIDED “AS IS” AND LICENSOR DISCLAIMS ALL
WARRANTIES, EXPRESSED OR IMPLIED WITH RESPECT TO SOFTWARE INCLUDING ALL IMPLIED
WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND
FITNESS FOR A PARTICULAR USE. WITHOUT LIMITING THE FOREGOING, LICENSOR DOES NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN SOFTWARE WILL OPERATE IN THE COMBINATION
LICENSEE SELECTS, THAT OPERATION OF SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE
AND/OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE ENTIRE RISK AS TO THE
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