Axisys - Terms of use

You must be a registered user to access the Service. You are responsible for keeping your password secure. You will be solely responsible and liable for any activity that occurs under your user name. If you lose your password or the encryption key for your account, you may not be able to access your Data.

ACCEPTABLE USE AND CONDUCT

You are solely responsible for your conduct and your data related to the Service. You agree to indemnify, defend, and hold harmless Axisys Technology Consulting Limited and its suppliers from any and all loss, cost, liability, and expense arising from or related to your data, your use of the Service, or your violation of these terms.
The Software and Service are made available to you only for your personal use, which use must be in compliance with all applicable laws, rules and regulations and must not infringe or violate third party rights. You may not make commercial use of the Software or service, including but not limited to selling or distributing the Software and/or Service to any third party.
Any unauthorized use of any Axisys Technology Consulting Limited computer system is a violation of this Agreement and certain laws. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties.

CONSENT TO COLLECT NON-PERSONAL INFORMATION; USE OF DATA

The Software and Service may collect certain non-personally identifiable information that resides on your computer, including, without limitation, statistics relating to how often backups are started and completed, performance metrics relating to the Software, and configuration settings. This information collected will be sent to Axisys Technology Consulting Limited and may be used by Axisys Technology Consulting Limited without restriction.
When you backup data via the Service, you agree that our service providers and we may copy and store such data as part of the Service.

CHANGES TO THE SERVICE AND TERMS AND CONDITIONS

Axisys Technology Consulting Limited reserves the right at any time to modify, suspend, or discontinue providing the Service or any part thereof in its sole discretion with or without notice.
Axisys Technology Consulting Limited will use commercially reasonable efforts to notify you of modification, suspension, or discontinuance of the Service either by sending an email to the email address you provide with your registration or by a posting on axisys.com website. However, in no event will Axisys Technology Consulting Limited be liable to you or to any third party for any modification, suspension or discontinuance of the Service with or without notice.
Axisys Technology Consulting Limited reserves the right at any time to modify this Agreement in its sole discretion, without liability to you. This Agreement, as amended, will be effective upon acceptance of registration for new users and effective for all existing users 15 days after the posting of any amended terms on the axisys.com website. You agree to be bound by this Agreement, as modified. If you do not agree to any changes to this Agreement, you must terminate your account immediately.

USE OF SOFTWARE

Subject to the terms and conditions of this Agreement, Axisys Technology Consulting Limited grants you a non-exclusive, non-transferable, non-sub-licensable license to install and execute one (1) copy of the Software (in executable code form only) only on a single computer and only for the purpose of accessing and using the Service. Certain third party code may be provided with the Software. The third-party license terms accompanying such code, and not the terms of this Section, will govern your use of such code.
The Software and its structure, organization, source code, and documentation contain valuable trade secrets of Axisys Technology Consulting Limited and its licensors, and accordingly you agree not to (and agree not to allow third parties to) (1) sublicense, lease, rent, loan, transfer, or distribute the Software and/or Service or any derivative thereof to any third party, (2) modify, adapt, translate, or prepare derivative works from the Software or Service, (3) decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Software or Service, (4) extract portions of the Software's files for use in other applications, or (5) remove, obscure, or alter Axisys Technology Consulting Limited or any third party's trademarks or copyright or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Software or Service.

INTELLECTUAL PROPERTY

You acknowledge that Axisys Technology Consulting Limited or third parties own all right, title and interest in and to the Software and Service, portions thereof, or software or content provided through or in conjunction with the Software or Service, including without limitation all intellectual property rights. Except for the license granted in this Section, all rights in and to the Software and Service are reserved, and no implied licenses are granted by Axisys Technology Consulting Limited.

FEEDBACK

If you have comments on the Software or Service or ideas on how to improve them, please send to email address info@axisys.com. Please note that by doing so, you also grant Axisys Technology Consulting Limited a perpetual, royalty-free, irrevocable, transferable license, with right of sublicense, to use and incorporate your ideas or comments into the Software or Service (or third party software, content, or services), and to otherwise exploit your ideas and comments, in each case without further compensation.

TERM AND TERMINATION

This Agreement is effective until terminated.
You may terminate this Agreement at any time by destroying the Software and closing your account by following the instructions on the axisys.com website.
This Agreement automatically terminates if you fail to comply with its terms and conditions. Axisys Technology Consulting Limited reserves the right to refuse or discontinue participation to any user at any time at its sole discretion.
You agree that, upon such termination, you will destroy and permanently erase all copies of the Software and that your access rights to the Service will immediately terminate.
The terms of the Sections entitled Consent to Collect Non-Personal Information, Intellectual Property, Feedback, Disclaimer and Limitation of Liability will survive expiration or termination.
Axisys Technology Consulting Limited has no obligation to provide you with a copy of your Data and may remove and discard any Data if this Agreement terminates other than for your failure to comply.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL AXISYS TECHNOLOGY CONSULTING LIMITED OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE SOFTWARE OR SERVICE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF AXISYS TECHNOLOGY CONSULTING LIMITED HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
WITHOUT LIMITING THE FOREGOING, THE TOTAL AGGREGATE LIABILITY OF AXISYS TECHNOLOGY CONSULTING LIMITED AND ITS SUPPLIERS ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO AXISYS TECHNOLOGY CONSULTING LIMITED FOR THE SOFTWARE OR SERVICES. FURTHERMORE, YOU AGREE TO USE THE SOFTWARE OR SERVICE EXCLUSIVELY FOR GOOD AND FOR AWESOME. IF THE SOFTWARE AND SERVICES ARE PROVIDED WITHOUT CHARGE, THEN AXISYS TECHNOLOGY CONSULTING LIMITED AND ITS SUPPLIERS SHALL HAVE NO LIABILITY TO YOU WHATSOEVER.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SOFTWARE OR SERVICE, FROM INABILITY TO USE THE SOFTWARE OR SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SOFTWARE OR SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). DO NOT TAUNT HAPPY FUN BALL. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.