Braver Technology Solutions LLC License and Service Agreement
This agreement (the “Agreement”) is a legal agreement between the client company listed below, as a legal business entity or as a representative of a business or as an individual (“Client” or “client””), and Braver Technology Solutions LLC (“Braver Technology”). This Agreement governs the use of the SecureStore Backup Client software distributed with this Agreement, including any updates that may be provided to client and any accompanying written documentation (the “Software”) and the SecureStore backup service (“Service”).
Client acknowledges and agrees that Braver Technology may occasionally send client administrative communications regarding the account or the Service via email.
ACCOUNTS, PASSWORDS, AND SECURITY
Client must be a registered user to access the Service. Client is responsible for keeping the password secure. Client will be solely responsible and liable for any activity that occurs under the user name. If client loses the password or the encryption key for the account, client may not be able to access the data.
ACCEPTABLE USE AND CONDUCT
Client is solely responsible for the conduct and the data related to the Service. Client agrees to indemnify, defend, and hold harmless Braver Technology and its suppliers from any and all loss, cost, liability, and expense arising from or related to the data, the use of the Service, or the violation of these terms.
The Software and Service are made available to client only for their use, which use must be in compliance with all applicable laws, rules and regulations and must not infringe or violate third party rights. Client 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 Braver Technology computer system is a violation of this Agreement and certain federal and state 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 the 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 Braver Technology and may be used by Braver Technology without restriction.
When client backs up data via the Service, client agrees that we and our service providers may copy and store such data as part of the Service.
CHANGES TO THE SERVICE AND TERMS AND CONDITIONS
Braver Technology 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.
Braver Technology will use commercially reasonable efforts to notify client of modification, suspension, or discontinuance of the Service either by sending an email to the email address client provides with the registration or by a posting on BraverTechnology.com website. However, in no event will Braver Technology be liable to client or to any third party for any modification, suspension or discontinuance of the Service with or without notice.
Braver Technology reserves the right at any time to modify this Agreement in its sole discretion, without liability to client. 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 BraverTechnology.com website. Client agrees to be bound by this Agreement, as modified. If client does not agree to any changes to this Agreement, client must terminate the account immediately.
Please review the most current version of this Agreement from time to time, located at https://www.BraverTechnology.com/terms (or such successor URL as Braver Technology may provide), so that client will be apprised of any changes.
USE OF SOFTWARE
Subject to the terms and conditions of this Agreement, Braver Technology grants client a non-exclusive, non-transferable, non-sublicensable 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 the use of such code.
The Software and its structure, organization, source code, and documentation contain valuable trade secrets of Braver Technology and its licensors, and accordingly client agrees 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 Braver Technology’s 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.
Client acknowledge that Braver Technology 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 Braver Technology
If client has comments on the Software or Service or ideas on how to improve them, please emailsupport@BraverTechnology.net. Please note that by doing so, client also grant Braver Technology a perpetual, royalty-free, irrevocable, transferable license, with right of sublicense, to use and incorporate the ideas or comments into the Software or Service (or third party software, content, or services), and to otherwise exploit the ideas and comments, in each case without further compensation.
TERM AND TERMINATION
This Agreement is effective upon signing up for the Braver Technology SecureStore 2.0 services and remains in effect for a minimum of thirty six months or until the users’ account is terminated by Braver Technology. If client terminates this contract or, application or service prior to the expiration of the service period, client will promptly pay 60 (sixty) percent of the remaining balance and monthly payments due.
Client may terminate this Agreement at any time by destroying the Software and closing the account by following the instructions on the BraverTechnology.com website.
This Agreement automatically terminates if client fails to comply with its terms and conditions. Braver Technology reserves the right to refuse or discontinue participation to any user at any time at its sole discretion.
Client agrees that, upon such termination, client will destroy and permanently erase all copies of the Software and that the access rights to the Service will immediately terminate.
The terms of the Sections entitled Consent to Collect Non-Personal Information, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, and Miscellaneous will survive expiration or termination.
If this Agreement terminates, other than for the failure to comply, Braver Technology will use commercially reasonable efforts to make the Data available for client to download for a period of three (3) days. Braver Technology has no obligation to provide client with a copy of the Data and may remove and discard any Data.
DISCLAIMER OF WARRANTIES
THE SOFTWARE AND SERVICE AND ANY THIRD PARTY SOFTWARE AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. BRAVER TECHNOLOGY AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SOFTWARE OR SERVICE AND SUCH THIRD PARTY SOFTWARE OR SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE SOFTWARE AND SERVICE, AND ALL THIRD PARTY SOFTWARE OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOFTWARE OR SERVICE, AT THE OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO THE COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SOFTWARE OR SERVICE AND SUCH THIRD PARTY SOFTWARE AND SERVICES.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
LABOR REQUIRED FOR TRAINING, SUPPORT OR RECOVERY IS NOT INCLUDED IN THIS CONTRACT. USE OF THIS SERVICE DOES NOT GAURANTEE AVAILABILITY OF DATA. USER SHOULD MONITOR BACKUP OF DATA AND MAY REQUEST ASSISTANCE IN THE USE AND MONITORING THE DATA AT ANYTIME BY CONTACTING BRAVER TECHNOLOGY.
IN THE EVNT OF RECOVERY SYSTEM MAY NOT RUN AT FULL SPEED OF ORIGINAL SERVERS. CLIENT UNDERSTANDS THAT SERVERS ARE SUPPLIED AS A POSSIBLE SOLUTION EVENT THE EVENT OF A FAILURE BUT ARE NOT GAURANTEED TO BE AVAIABLE. EQUIPMENT WILL RUN SLOWER AS MORE SYSTEMS ARE LOADED ON OR ACTIVATED.
ALL EQUIPMENT SUPPLIED IS THE SOLE PROPERTY OF BRAVER TECHNOLOGY. EQUIPMENT OWNERSHIP IS NON TRANSFERRABLE AND WILL BE COLLECTED AT TEMRINATION OF SERVICE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL BRAVER TECHNOLOGY, OR ITS SUPPLIERS, RESELLERS, PARTNERS OR THEIR RESPECTIVE AFFILIATES 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 BRAVER TECHNOLOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
WITHOUT LIMITING THE FOREGOING, THE TOTAL AGGREGATE LIABILITY OF BRAVER TECHNOLOGY, AND ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO BRAVER TECHNOLOGY FOR THE SOFTWARE OR SERVICES. IF THE SOFTWARE AND SERVICES ARE PROVIDED WITHOUT CHARGE, THEN BRAVER TECHNOLOGY 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). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. THE CLIENT AND NOT BRAVER TECHNOLOGY OR ANY SUBSIDARY OR VENDOR RELATED TO BRAVER TECHNOLOGY IS RESPONSIBLE FOR THE CLIENT DATA. IT IS THE SOLE RESPONSIBILITY OF THE CLIENT TO VERIFY THAT ANY DATA HAS BEEN SENT CORRECLTY AND TO PERFORM PERIODIC TESTING OF THAT DATA INTEGRITY.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR DIRECT DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
THE SOFTWARE AND SERVICE ARE NOT INTENDED FOR USE IN CONNECTION WITH ANY NUCLEAR, AVIATION, MASS TRANSIT, OR MEDICAL APPLICATION OR ANY OTHER INHERENTLY DANGEROUS APPLICATION THAT COULD RESULT IN DEATH, PERSONAL INJURY, CATASTROPHIC DAMAGE, OR MASS DESTRUCTION, AND LICENSEE AGREES THAT LICENSOR WILL HAVE NO LIABILITY OF ANY NATURE AS A RESULT OF ANY SUCH USE OF THE SOFTWARE.
Client acknowledges and agrees that the Software which is the subject of this Agreement, may be controlled for export purposes. Client agrees to comply with all United States export laws and regulations. Client assumes sole responsibility for any required export approval and/or licenses and all related costs and for the violation of any United States export law or regulation. If client is located in a country subject to embargo by the United States government, client are not entitled to use the Software or Service.
This agreement will be governed by and construed in accordance with the laws of the State of Utah, without giving effect to any conflict of laws and provisions that would require the application of the laws of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
The failure of Braver Technology to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect.
All disputes arising out of this Agreement will be subject to the exclusive jurisdiction of the state and federal courts serving Bristol County, Massachusetts, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts, except that nothing will prohibit Braver Technology from instituting an action in any court of competent jurisdiction to obtain injunctive relief or protect or enforce its intellectual property rights.
Client may not assign or transfer any of the rights or obligations under this Agreement to a third party without the prior written consent of Braver Technology. Braver Technology may freely assign this Agreement. Any attempted assignment or transfer in violation of the foregoing will be void from the beginning.
Contacting Braver Technology Corporation