Terms of use

The following terms and conditions will be considered to have been accepted by the User on usage of the “Website” https://rightbackup.com/. You are requested to read these terms and conditions carefully before you use the services of this Website:

Introduction

By using the Rightbackup.com Website, you agree to follow and be bound by the following terms and conditions concerning your use of the Website with all guidelines, rules and policies which may be updated on the website from time to time. Rightbackup.com may revise these terms and conditions at any time, without notice to you.

Definitions

The term User shall refer to the user who is accessing, browsing or using the Website. The term Website refers to www.rightbackup.com.
The term Content refers to all the text, information, graphics, scripts, logos, photos, sounds, videos, interactive features and all other material on the Website.

Use of Website

All content included in this website is owned by Rightbackup.com for the personal use of website users.
You shall not copy, modify, distribute, transmit, display, perform, reproduce, transfer, resell, or republish any of the Contents of this website without the prior written consent of Rightbackup.com.
Rightbackup.com reserves the right to change the terms and conditions applicable to use of the Site.

Copyrights and Other Intellectual Property Rights

All content present on this website including information, graphics, images and overall appearance of the website are subject to copyright and other intellectual property rights.

Rightbackup Product

Rightbackup Product listed under this website are the copyrighted works of Rightbackup.com. Any purchases initiated from this Website will be concluded with our trusted billing merchant in accordance with its terms and conditions, and you are therefore advised to review such terms prior to purchase. The prices shown on the Website are exclusive of all sales, use, value-added or other similar taxes. Any applicable Taxes will be added prior to the placing of your order in accordance with the billing merchant's terms and conditions as aforesaid.
Rightbackup.com products sold through resellers or distributors are dealt under their own terms and conditions.

Limitation of Liability

In no event will Rightbackup.com be liable for any damages, including without limitation, incidental, special, consequential or punitive damages, whether under a contract, tort or any other theory of liability, arising in connection with any party's use of the website or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, line system failure, loss of data, or loss of use related to this website or any website operated by any third party or any contents of this website or any other website, even if Rightbackup.com is aware of the possibility of such damages. In any event, the liability of Rightbackup.com shall not exceed $5 (US Dollar 5) or the price that you paid to Rightbackup.com for the software upon your first purchase, whichever is more.

No Warranties

Although Rightbackup.com attempts to provide accurate content on the website, it makes no warranty that such contents are accurate or suitable for any particular purpose or will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basis.

Links to Third Party Websites

This website may provide links to web sites from third parties, including users, advertisers, affiliates and sponsors of the Website. You agree that Rightbackup.com is not responsible for the availability of, and content provided on, third party websites. The User is requested to peruse the policies posted by other websites regarding privacy and other topics before use. Rightbackup.com is not responsible for third party content accessible through the Website, including opinions, advice, statements and advertisements, and User shall bear all risks associated with the use of such content.
Rightbackup.com is not responsible for any loss or damage of any sort User may incur from dealing with any third party.

Paid Accounts

Billing: You can increase your storage space and add paid features to your Right Backup account (turning your account into a "Paid Account"). We’ll automatically bill you from the date you convert to a Paid Account and on each periodic renewal until cancellation. If you’re on an annual plan, we’ll send you a notice email reminding you that your plan is about to renew within a reasonable period of time prior to the renewal date. You’re responsible for all applicable taxes and will be billed accordingly if required. Except for countries that have mandatory local laws regarding cancellation rights that cannot be overridden by these terms.

No Refunds: You may cancel your Right Backup Account at any time. Refunds are only issued if required by law. For example, users living in the European Union have the right to cancel their Paid Account subscriptions within 14 days of signing up for, upgrading to, or renewing a Paid Account.

Downgrades: Your Paid Account will remain in effect until it's cancelled or terminated under these Terms. If you don’t pay for your Paid Account on time, we reserve the right to suspend it or reduce your storage to free space levels.

Fee Changes: We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.

Indemnity

You agree to indemnify, defend and hold Rightbackup.com harmless from and against all expenses, claims, losses, damages and costs, including reasonable attorneys' fees, arising out of or relating to any misuse by the User of the content and services provided on the Site.

Disclaimer

The information contained in the Website has been obtained from sources believed to be reliable. Rightbackup.com disclaims all warranties as to the accuracy, completeness of the materials or the reliability of any advice, statement, opinion or other information distributed through the website. You agree that any reliance on any such statement, opinion, advice or information shall be at your sole risk.
Rightbackup.com reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website. Rightbackup.com may change or discontinue any aspect of its website at any time, including, its content, products, services or prices described in the website at any time without notice.


Privacy Policy

Please read the "Privacy Policy" completely, as well as our 'Terms and Conditions' for use of information we may gather. Should you have any questions in this regard, feel free to contact us.

Rightbackup.com is strongly committed to protect your privacy and provide a safe online experience for all of our users and registered customers while offering the highest quality products and services to them. We may gather certain types of information about and from you to fulfill your request and serve your needs better, we feel you should fully understand the terms and conditions covering the collection and use of this information. This privacy statement discloses what information we may gather, how we may use it and how to correct or change it.

What Information we may collect about you?

You can visit our website, read products description and other materials, and check on offerings without giving us any personally identifiable information. Since we provide our customers and newsletter subscribers with the most efficient and enhanced personalized service; we may request information about you under occasional circumstances. For your convenience and to serve you better, a customer account includes all the collected personal information we may have, however, you can update or correct your contact information or change your preferences about receiving newsletter and other information from us.
We collect personally identifiable information; such as name, mailing address and e-mail address when you register to one of our products or place an order (see the section below for more information on placing order). Website visitors may register to receive our newsletter by submitting their name and e-mail address.

  • .Placing Orders

    If you wish to place an order for our products, you can generally enter the requisite details. In addition to the customary information that may be required to fill your order (full name, address, phone number, ship-to name and address etc.), collection of additional information such as your credit card number and credit card expiration date, is dependent on option of payment as we offer online and offline subscribers additional options such as check, money order and credit card order by fax or phone.

What we may do with the information we collect?

We use information you provide to fulfill your request and improve our products and services. We may use personal information to display or send personalized content to our website visitors as well as to send newsletter, product features, promotional material, special offers and other updates to our customers and newsletter subscribers. A subscriber may, at any time, opt out of receiving such information. We also use collected information to evaluate and administer our products and services, resolve customers’ issues like respond to any problems that may arise such as product delivery failures, difficulties in navigating our sites or accessing certain features as well as to gauge user trends to determine what products are most popular with users.
We allow users of our website to email us their queries. We do not retain any email address (unless you are a member who already has voluntarily provided your email address) of either the sender or recipient of such e-mail or links after they are sent.

How do we share Personal Information?

We may share your personal information with the parties described below:

  • .Credit Card Companies:

    As in any transaction, your credit card company will have all relevant information about the name of the affiliate, products purchased, date and total cost. RightBackup.com will not otherwise provide any personal data to your credit card company.

  • .Payment Gateways:

    Credit card numbers are only shared with our partners with whom you place an online order. They process the billing of such products on our behalf.Rest assured that we and our payment gateways follow careful procedures to safeguard credit card data in connection with your transactions.

  • .Important Note:

    We reserve the right to use or disclose any information without notice or consent as needed to satisfy any law, regulation or legal request; to conduct investigations of consumer complaints or possible breaches of law; to protect the integrity of our site and our property; to protect the safety of our visitors or others; to fulfill your requests; or to cooperate in any legal investigation.

How do we use cookies?

Your Web browser offers so-called "cookies" which, if you allow their use, store small amounts of data on your computer when you visit a website. Cookies do not contain any personally identifiable information about you and therefore cannot be used to identify your personal details. Cookies assist us in ascertaining which of our products you like best. Cookies also enable us to customize our content according to your preferences. You have the ability to accept or decline cookies by modifying your browser settings. Our website is viewable even if you disable the cookie function on your browser.

Links

Rightbackup.com may offer links to or from websites it controls to other sites. We offer links to some renowned websites that review and rate our products and market them so that you can be conversant on authenticity of products performance.

Changes to Privacy Policy

We will occasionally update "Privacy Policy" as necessary to protect you to comply with a changing environment. We recommend that you check the policy when you visit our site to be sure you are aware of and understand the prevailing policy. If we make material changes to this policy we will prominently post such changes prior to implementing the change. We will not make material changes in how we may handle any of your previously collected personal information that have retroactive effect unless legally required to do so, and we will e-mail registered customers and newsletter subscribers information on material changes to this policy.


Fair Usage Policy

The Services of Right Backup are provided to you as an individual and are for personal use only.

The Services of Right Backup cannot be used for commercial gains or in conjunction with any commercial activity including but not limited to using on servers. Right Backup reserves the right to limit,suspend, disable or discontinue your Service in the event that it is discovered that the Service is being used in conjunction with any commercial activity including but not limited to using on servers or for commercial gains or misuse of service for not intended purpose. The unlimited service will only available on limited devices set up to two devices.

1TB Space:

Any Service Plan that comes with 1TB Space has unlimited space for your use with the Service. This Unlimited Space will be available for you at the rate of 500GB of data transfer each month. This limit can be increased or decreased by Right Backup after providing you a notice of 2 days. If you have any special requirements and you need to transfer more data than the limit specified above, please write to support@rightbackup.com with your requirements and Right Backup shall endeavour to assist you.

Lifelong Free:

Any Service Plan that comes with a Lifelong Free space for your use of the service shall be available to you for unlimited time limited by life of company. The above shall hold true if you access your account (backup or restore data) at least once every 7 days. The company reserves the right to change the access requirement at its discretion by providing a 30 days notice.


DMCA Policy

Right Backup commitment to Intellectual Right Protection

Right Backup (“RB”) respects the intellectual property rights of others and expects you as the users to do the same. The data that you store in your Right Backup account is being stored at your instructions by the software. You are responsible for obtaining rights to use, store or share the data that is stored in your Right Backup account. Right Backup disclaims all responsibility / liability associated with your act of obtaining rights to use the data stored in your account.

In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at
https://www.copyright.gov/legislation/dmca.pdf, EU Electronic Commerce Directive 2000/31/EC, and other Intellectual Property Rights protection acts around the globe, Right Backup will employ all efforts to respond expeditiously to claims of copyright infringement committed using the Right Backup software and/or Right Backup service and/or the Right Backup website when such claims are reported to Right Backup at the email address legal@rightbackup.com.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place using Right Backup software, or Right Backup service or Right Backup website by writing to the email address mentioned above. Upon receipt of Notice as described below, Right Backup will take appropriate action, in its sole discretion, including removal of the challenged content from within the service. Withdrawal of access to the challenged content from any/all means will be considered removal for the sake of this notice.

While writing to the email address to notify of any alleged copyright infringement, please make sure that you provide as much information as possible to expedite the disposal of the claim. You must include the following:

  1. 1.

    Identification of the copyrighted work claimed to have been infringed and information reasonably sufficient to permit Right Backup to locate the material.

  2. 2.

    Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Right Backup website or the exact location where such material may be found.

  3. 3.

    A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

  4. 4.

    A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


End User License Agreement

These license terms are an agreement between Right Backup Software Pvt. Ltd. ("RB") and you. Please read them. These terms apply to the Right Backup including the media on which you received it, if any. These terms also apply to any updates, supplements, and support services for Right Backup, unless other terms accompany those items. If so, those terms apply.

By selecting "I accept the agreement" or using Right Backup, you accept these terms. If you do not accept them, do not select "I accept the agreement" and/or do not use RB.

  1. 1.Use Rights

    RB is licensed on a per user account basis. If you comply with this agreement, for each license you acquire, you may install, use and activate one copy of RB. You may not share a license you acquire nor may you install RB on more computers than for which you have purchased licenses.

    • .Full Retail Version

      The license of RB has a validity of the Term that you choose and pay for, from the offers at the time of signup. The licensed full retail version of RB will contain full functionality and you will be provided support services in the English language and upgrades for the period for which you purchased RB (the "Term").

      After the "Term", the license key of the program will stop working and the program will convert to the trial version. You will have to purchase another license key or extend your subscription to continue using the full retail version of RB.

    • .Evaluation Or Trial Version

      If RB is an evaluation or trial version, it may contain limited functionality and/or cease operating after the designated trial period. This license will terminate after such period unless extended by Right Backup upon your acquisition of a full retail version of RB. If RB is an evaluation or trial version, you agree that Right Backup may periodically offer you, through in-product or stand-alone reminders or email (if you provide it to us), the opportunity to upgrade to the full retail version.

  2. 2.Privacy

    You should refer to Right Backup’s privacy policy, available at https://rightbackup.com/privacy-policy#PrivacyPolicy for a more detailed explanation of how your information may be stored and used by Right Backup. You hereby agree to the collection and use of such information or data by Right Backup.

    • .Background Process

      Right Backup will be active in the background as a Service. The application needs to run in the background as the data on the system needs to be monitored for backup and restore. You cannot disable this process while Right Backup is running as this is required for the optimal functioning of the application. If you wish to disable the process, please disable the service from services.msc in your computer.

  3. 3.No Performance Warranty

    Right Backup specifically disclaims any representation or warranty for the amount of performance increase or utility provided by RB. RB will not necessarily increase performance or provide a utility benefit on your computer, and Right Backup makes no claim of specific deficiency, defect, or underperformance with respect to your computer. Any claims of performance increases or utility made for RB are those of possible or potential improvement or utility, and no representation or warranty is offered that a specific utility or amount of performance increase, if any, will be realized on any particular computer. Each computer is different and the scenarios under which they are used are different, and no claim is made that any one computer or usage scenario shall result in any performance increase or utility benefit from RB. RB may store your data on infrastructure owned or leased from third parties by RB. RB does not warrant that the service will be free from any attempts to hacking or otherwise disruptions to the service due to failure of infrastructure. RB specifically disclaims any representation that the service will be free from any disruption due to infrastructure failure, irrespective of the infrastructure owned by RB or leased by RB from third parties. RB has the right to temporarily suspend services in case of any failure or attempts to disrupt services. RB will ensure that any such suspension is cured in the least duration possible.
    Right Backup will not be responsible for backup or retrieval of any data that exceeds the Space that you signup for, or after the end of the Term.

  4. 4.Your Responsibilities

    RB is a tool to provide backup and storage service for your data on the storage devices owned or leased by RB. You are responsible for your content in the Service. Please do not copy, store, upload, download, share or otherwise use data or other intellectual property unless you have the right to do so. The entire responsibility of content that you backup using RB lies with you.
    You may not share your account information including your login credentials and password with anyone. RB will not be responsible for any data loss due to force majeure or due to shared/lost login credentials.
    RB may suspend services of the users in case RB finds that the user is in violation of the terms of this agreement, until the user is again compliant with the terms. RB may also serve a notice to a user to terminate the account and remove all content from the service if it has reasons to believe that the actions of the user may cause disruption of the services of RB, disrupt others users’ ability to use the service, or cause any liability for RB. If the user does not promptly terminate the account then RB will have the right to terminate the user account and remove all content without further liability.

  5. 5.Your Feedback

    If you give feedback about RB to Right Backup, you give to Right Backup, without charge, the right to use that feedback for any purpose. You will not give feedback that is subject to a license that requires Right Backup to license its software or documentation to third parties because we include your feedback in them. These rights survive this agreement.

  6. 6.Scope of License

    RB is licensed, not sold. RB is protected by copyright, patent and other intellectual property laws and treaties. This agreement only gives you some rights to use RB. Right Backup reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use RB only as expressly permitted in this agreement. In doing so, you must comply with technical limitations in RB that only allow you to use it in certain ways. You may not:

    • .

      work around the technical limitations in RB;

    • .

      reverse engineer, decompile or disassemble RB, except and only to the extent that applicable law expressly permits, despite this limitation;

    • .

      install on more computers or make more copies of RB than specified in this agreement or allowed by applicable law, despite this limitation;

    • .

      separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than the number of computers that it is licensed for;

    • .

      publish RB for others to copy;

    • .

      distribute RB to any third party;

    • .

      rent, lease or lend RB; or

    • .

      transfer RB or this agreement to any third party.

    • .

      USE FOR MISSION CRITICAL USE. You warrant that you understand and agree that the software is not designed, intended or licensed for use in hazardous environments requiring fail-safe controls, including without limitation, the design, construction, maintenance or operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, life support or weapons systems, or any environment where a software or computer defect or failure could result is injury to persons or physical damage. Right Backup specifically disclaims any express or implied warranty of fitness for such purposes.

  7. 7.Support Services

    Right Backup may provide you with support services related to RB. Additional terms may govern support services. Any supplemental software code provided to you as part of the support services or otherwise will be considered part of RB and subject to this agreement. Right Backup is responsible for order fulfillment only and will provide customer support during its normal business hours. Right Backup has contracted or may in the future contract with third parties to provide technical support for RB.

  8. 8.U.S. Government Restricted Rights

    RB and its accompanying documentation are deemed to be commercial computer software as defined in FAR 12.212 and subject to restricted rights as defined in FAR Section 52.227-19 "Commercial Computer Software - Restricted Rights" and DFARS 227.7202, "Rights in Commercial Computer Software or Commercial Computer Software Documentation", as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of RB by the U.S. Government shall be solely in accordance with the terms of this agreement.

  9. 9.Export Restrictions

    RB is subject to applicable U.S. export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to RB. These laws include restrictions on destinations, end users and end use. You agree not to export RB to any prohibited country, entity, or person for which an export license or other governmental approval is required. Obtaining necessary licenses and approvals is solely your obligation.

  10. 10.DISCLAIMER OF WARRANTIES

    RB IS LICENSED "AS-IS" AND DEFECTS MAY CAUSE IT TO NOT FUNCTION PROPERLY. ALTHOUGH NOT INTENDED, AS WITH ALL COMPUTER SOFTWARE, IT IS POSSIBLE A DEFECT COULD CAUSE YOUR COMPUTER TO FUNCTION IMPROPERLY. YOU BEAR THE RISK OF USING RB. Right Backup GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, Right Backup EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RB IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS, OR ANY OTHER USE WHERE A SOFTWARE MALFUNCTION COULD CAUSE PROPERTY DAMAGE OR PERSONAL INJURY, AND Right Backup SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.

  11. 11.Limitation on and Exclusion of Damages

    Right Backup's liability under this agreement is limited. You can recover from Right Backup and its third-party suppliers only direct damages up to the greater of the amount that you paid for RB OR U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. This limitation applies to anything related to RB, and any services, content (including code) on third party Internet sites, or third party programs, and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if Right Backup knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your state or country may not allow the exclusion or limitation of incidental, consequential or other damages.

  12. 12.Legal Effect

    This agreement describes certain legal rights between you and Right Backup. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired RB. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.

  13. 13.Applicable Law

    Indian law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. Jurisdiction over and venue of any suit arising out of or related to this agreement will be in the state courts located in Jaipur, Rajasthan, India.

  14. 14.LIMITED WARRANTY

    LIMITATION OF IMPLIED WARRANTY OR CONDITION If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (SIXTY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE SIXTY (60) DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you.

    APPLICATION TO ENTIRE PROMOTION, DOWNLOAD AND PURCHASE PROCESS. By accepting this EULA and continuing with your purchase you agree that the limitations of warranty and liability provided in this EULA shall be held to cover the entire purchase, download and checkout process from first sponsored advertising impression through the acceptance of this EULA. The purchase process shall be defined to include, without limitation, any commercial efforts by Right Backup or its agents to market and promote this product to you as well as the checkout process intended to secure the sale, including the encryption and transmission of your data electronically to Right Backup's or its agents' credit card transaction systems. If you do not agree with the application of these limitations to the entire promotion and purchase process, do not continue the checkout process.

    LIMITATION OF CLAIM PERIOD. Any claim of defect or failure, regardless of applicable express or implied warranty, must be made to Right Backup in writing at Right Backup Software, E-73, Chitranjan Marg, C-Scheme, Jaipur-302001, INDIA within sixty (60) days of purchase. You agree that a failure to notify Right Backup of any such claim within this sixty (60) day claim period completely releases Right Backup of any responsibility, warranty or liability associated with the SOFTWARE PRODUCT regardless of whether this warranty is created by your state/jurisdiction and federal or state/provincial law.

    EVALUATION VERSION. For evaluation or limited functionality versions of the SOFTWARE PRODUCT ("TRIALS"), which shall be considered to be any copy of the SOFTWARE PRODUCT where no purchase price is paid prior to obtaining the software, you agree that your sole recourse to Right Backup and to the party from which you obtained the free version for any defect or failure in the SOFTWARE PRODUCT is to remove the SOFTWARE PRODUCT from your computer at your own expense.

    CUSTOMER REMEDIES. Right Backup's and its suppliers' entire liability and your exclusive remedy shall be, at Right Backup's option, either (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet Right Backup's Limited Warranty and which is returned to Right Backup with a copy of your receipt (or sufficient identifying information to be able to retrieve your purchase information in lieu thereof, at Right Backup's sole discretion). This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or sixty (60) days, whichever is longer. Outside the United States , neither these remedies nor any product support services offered by Right Backup are available without proof of purchase from an authorized international source.

    LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall Right Backup or its agents, officers or suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCT or the advertising of the SOFTWARE PRODUCT or the provision of or failure to provide Support Services, even if Right Backup has been advised of the possibility of such damages. In any case, Right Backup's entire liability under any provision of this EULA or any responsibility or liability created by the laws of your state/jurisdiction shall be limited to the amount actually paid by you for the SOFTWARE PRODUCT. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.

    NOT FOR MISSION CRITICAL USE. You warrant that you understand and agree that the software is not designed, intended or licensed for use in hazardous environments requiring fail-safe controls, including without limitation, the design, construction, maintenance or operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, life support or weapons systems, or any environment where a software or computer defect or failure could result is injury to persons or physical damage. Right Backup specifically disclaims any express or implied warranty of fitness for such purposes.

    BACKUP RESPONSIBILITY. The SOFTWARE PRODUCT is a system utility, and as such can make irreversible changes to the state of computer on which it is run and that Right Backup cannot accurately predict or ensure the outcome in all possible scenarios, and therefore purchaser agrees to make and test a complete system backup and backup of all personal information before operating the SOFTWARE PRODUCT. You agree that you accept all responsibility for reversing or correcting any changes made by the SOFTWARE PRODUCT.

    NO PERFORMANCE WARRANTY. Right Backup specifically disclaims any warranty for the amount of performance increase or utility provided by the SOFTWARE PRODUCT. By purchasing this software and accepting this EULA you specifically agree that you understand that no representation or warranty is made by Right Backup that the SOFTWARE PRODUCT will necessarily increase performance or provide a utility benefit on your computer, and that no claim of specific deficiency, defect, or underperformance has been made with respect to your computer. Any claims of performance increases or utility made for the software are those of possible or potential improvement or utility, and no warranty is offered that a specific utility or amount of performance increase, if any, will be realized on any particular computer. Each computer is different and the scenarios under which they are used are different, and no claim is made that any one computer or usage scenario shall see a performance increase or utility benefit from the SOFTWARE PRODUCT. Your sole remedy for any dissatisfaction with the presence of or the degree or amount of performance improvement or utility shall be limited to the customer remedies described above.

    NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, Right Backup and its suppliers disclaim all other warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the SOFTWARE PRODUCT, and the provision of or failure to provide Support Services. THE LIMITED WARRANTY THAT APPEARS ABOVE IS THE ONLY EXPRESS WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER EXPRESS WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING, OR LICENSE AGREMENTS THAT MAY ACCOMPANY THE PRODUCT ITSELF. EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM.

    EXTENT PERMITTED BY APPLICABLE LAW, Right Backup AND ITS AGENTS, OFFICERS, AND SUPPLIERS PROVIDE THE SOFTWARE AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OR RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES AND OF LACK OF NEGLIGENCE, OF FAILURE TO PREVENT VIRUSES OR TROJANS, OF FAILURE TO PREVENT UNAUTHORIZED ACCESS OR USE ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. ALSO, HERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE. This limited warranty gives you specific legal rights. You may have others, which vary from state/jurisdiction to state/jurisdiction.

  15. 15.Miscellaneous

    Silent Installation: The Application can be installed without displaying the installation windows and without showing promotes.

  16. Entire Agreement; Severability

    This agreement and any amendments to it, and the terms for supplements, updates, and support services are the entire agreement for RB and the support services. This agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this agreement is held to be invalid or unenforceable to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision; (b) such provision will remain in effect to the extent that it is not invalid or unenforceable; and (c) such invalidity or unenforceability will not affect any other provision of this agreement.