STOREGRID END USER LICENSE AGREEMENT

This is a legal agreement between you and Vembu Technologies Private Limited, a company incorporated in India and having it's registered office at Office A, II floor, New No. 209, Old No. 13A, Velachery Main Road, Velachery, Chennai - 600042, India and its subsidiaries ("Vembu"). Vembu is the owner of accompanying StoreGrid Software and this Agreement lays down the terms and conditions upon which Vembu offers to license the StoreGrid Software together with accompanying items including but not limited to, the executable programs, drivers, libraries and data files associated with such programs and all related documentation (collectively, "the StoreGrid Software"). 

1.Scope of Agreement 
If you are installing the StoreGrid Software merely for the purpose of evaluating the performance of the same, the StoreGrid Software will consist of an evaluation version of the StoreGrid Software. Else, the StoreGrid Software comprises of a server component ("StoreGrid Server Software") which is to be installed on a backup server and a client component ("StoreGrid Client Agent Software"), which is to be installed on each computer, server or such like device, which is to be backed up. 
If you are installing the evaluation version of the StoreGrid Software on one of your computers or such like devices to evaluate the performance of the StoreGrid Software, this Agreement applies to the installation and / or use of the evaluation version of the StoreGrid Software on that particular computer or device. 
If you are installing the StoreGrid Server Software on one of your servers, this Agreement applies to the installation and / or use of the StoreGrid Server Software on that particular server. 
If you are installing the StoreGrid Client Agent Software on one of your computers or such like device which is to be backed-up, this Agreement applies to the installation and / or use of the StoreGrid Client Agent Software on that particular computer / device. 
2.Grant of License 
If you are installing and / or using the evaluation version of the StoreGrid Software, subject to the terms and conditions of this Agreement, the Licensor grants to you a non-exclusive, non-transferable and limited right to use the evaluation version of the StoreGrid Software in binary object code form, for trial and evaluation of the performance of the StoreGrid Software. This license is valid for a period of thirty (30) days from the installation of the evaluation version of the StoreGrid Software, ("Evaluation Period"). If you want to use the evaluation version beyond the Evaluation Period or if you want to use StoreGrid Software to backup your data, you have to purchase licenses for the same in accordance with the terms of this Agreement. If you do not purchase licenses to use the StoreGrid Software (any version) beyond the Evaluation Period, you should stop using the StoreGrid Software and / or its functionality and delete all the copies of the StoreGrid including the evaluation version installed in your computer/s forthwith on the expiry of the Evaluation Period. Subsequent downloads of the evaluation version of the StoreGrid  Software by or for you does not extend, renew or otherwise restart the term of the license for the evaluation version granted herein.
If you are installing the StoreGrid Server Software or the StoreGrid Client Agent Software, subject to the terms of this Agreement, Vembu hereby grants you a limited, non-exclusive, non-transferable license to download, install and use the StoreGrid Server Software / the StoreGrid Client Agent Software, as the case may be, for the sole purpose of using the data back-up applications and any other applications explicitly provided by Vembu from time to time solely for your internal business purposes.
3.Restrictions on Use
You may only install and use one copy of the StoreGrid Software on one server or computer system, as the case may be. 
You may not use the StoreGrid Software beyond the period for which you have obtained a license. You may install or use the StoreGrid Software only on such number of machines for which you have obtained licenses.
You shall not or permit any other to transmit all or any portion of the StoreGrid Software through any network or communication line. 
The rights under this Agreement are personal to you and the functionality of the StoreGrid Software may be used only by your employees, agents or others specifically authorized by you to back-up your data and you may not sub-license or transfer in any manner whatsoever any of your rights under this Agreement or allow any third party's data to be backed-up using the StoreGrid Software.
You may not modify any portion of the StoreGrid Software or merge or integrate any portion of the StoreGrid Software into/with any other program. 
You may not translate, decompile, disassemble or reverse engineer the StoreGrid Software or do anything to obtain underlying information that is not visible to the user in connection with normal use of the StoreGrid Software.
You may not display the StoreGrid Software's object code on any computer screen or make any hardcopy memory dump of the StoreGrid Software's object code.
You may not remove, alter or conceal any copyright or other intellectual property notices from any copy of the StoreGrid Software or any of written materials, if any, accompanying it.
4.Ownership of the StoreGrid Software
The StoreGrid Software is not sold to you. You are merely granted a license to use the Software in accordance with the terms of this Agreement. Vembu reserves all rights (including all title and intellectual property rights) not specifically granted to you by this Agreement. 
5.Warranty & Disclaimer
VEMBU WARRANTS THAT IT HOLDS ALL RIGHT, TITLE AND INTEREST IN AND TO THE STOREGRID SOFTWARE OR THAT IT IS OTHERWISE ENTITLED TO PROVIDE THE STOREGRID SOFTWARE TO YOU ON THE TERMS CONTAINED HEREIN.
VEMBU WARRANTS THAT THE STOREGRID SOFTWARE, WHEN IT IS DELIVERED TO YOU, IS FREE OF VIRUSES, TROJAN HORSES, WORMS, AND OTHER SIMILAR DESTRUCTIVE OR DISABLING CODE. 
THE ABOVE IS A LIMITED WARRANTY AND IS THE ONLY WARRANTY MADE BY VEMBU. THE STOREGRID SOFTWARE IS PROVIDED ON AN "AS IS" BASIS AND YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. 
VEMBU EXPRESSLY DISCLAIMS AND YOU HEREBY EXPRESSLY WAIVE ALL OTHER CONDITIONS, WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; THAT THE STOREGRID SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE STOREGRID SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS IN THE STOREGRID SOFTWARE, IF ANY, WILL BE CORRECTED. 
VEMBU'S ABOVE LIMITED WARRANTY IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF VEMBU FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, USE OR PERFORMANCE OF THE STOREGRID SOFTWARE. THE STOREGRID SOFTWARE'S FAILURE TO PERFORM IN ACCORDANCE WITH THE SPECIFICATIONS SHALL NOT BE CONSIDERED A FAILURE OF THE ESSENTIAL PURPOSE OF THE WARRANTIES CONTAINED HEREIN. 
6.Limitation of Liability
NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL VEMBU BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR SAVINGS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION OR DATA) WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE ARISING OUT OF YOUR USE OR INABILITY TO USE THE STOREGRID SOFTWARE OR THE BREACH OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT, VEMBU'S AGGREGATE LIABILITY OR DAMAGES TO YOU OR TO ANY OTHER PERSON SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO USE THE STOREGRID SOFTWARE REGARDLESS OF THE FORM OF THE CLAIMS. 
7.Indemnity
If you use or distribute the StoreGrid Software in violation of this Agreement, you hereby agree to indemnify, hold harmless and defend Vembu from and against any and all claims or lawsuits, including attorney's fees and costs that arise, result from or are connected with the said use or distribution of the StoreGrid Software in violation of this Agreement. 
8.Right to Collect Information
The StoreGrid Software contains programs that collect data about your use of the Software. You agree that Vembu may collect such data about your use of the StoreGrid Software and that the data collected through such programs may be used by Vembu to monitor your compliance with the terms of this Agreement, to provide you with support services and/or to improve the StoreGrid Software. You agree that you will not prevent or in any manner restrict the right of Vembu to collect such data about your use of the StoreGrid Software. 
9.Support Services
Notwithstanding anything contained anywhere in this Agreement, Vembu shall not be responsible to you for the maintenance or for the provision of support services for the StoreGrid Software under this Agreement. 
10.Third Party Software
Portions of the StoreGrid Software include software with open source licenses from third parties that govern the use of those portions. Nothing contained herein limits the rights and obligations you may have under such open source licenses. However, the disclaimer of warranty and limitation of liability provisions in this Agreement will apply to the StoreGrid Software as a whole. For details of the open source software included in the Software and the terms of the license for the same, please refer http://www.storegrid.com/online-backup/open-source-license-agreement.php
11.Governing Law & Jurisdiction
This Agreement is governed by the laws of the Republic of India. You agree that any dispute between the parties arising out of or in connection with this Agreement (including any question regarding its existence, validity or termination) shall be submitted exclusively to the competent courts located at Chennai, India to the exclusion of any other court that may have jurisdiction in the matter.
12.General
This Agreement is binding on you as well as your employees, contractors, agents and any person who uses the computer / device on which the StoreGrid Software is installed. This Agreement is also binding on your successors and assignees. This Agreement is the entire agreement between us and supersedes all previous agreements, arrangements, understandings or representations (including advertisement) relating to the subject matter hereof. If any provision of this Agreement is deemed invalid or unenforceable that particular provision will be deemed modified to the extent necessary to make the provision valid and enforceable and the remaining provisions will remain in full force and effect. Any failure or delay by a party to exercise any right or remedy under this Agreement shall not operate as a waiver of that right or remedy.



