LICENSE AGREEMENT FOR END USER.
GENERAL CONDITIONS FOR THE HIRING OF SERVICES:
In accordance with Article 27 of the LSSI-CE, we inform you that before installing and using this program and the accompanying documentation carefully read the General Terms and Conditions including all information about warranties and exclusion of liability. Follow in detail all the steps we told you to download and install the program.
READ THIS AGREEMENT CAREFULLY. BY USING THE SOFTWARE LICENSED BY BACKUP Zendal, S. C. P. (“SOFTWARE”) OR A PORTION THEREOF, VD. ACCEPTS ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR, THE LIMITATIONS RELATING TO USE, TRANSFER, WARRANTY, AND LIABILITY.
You agree that this contract is enforceable as any written agreement negotiated and signed by VD. This contract is due to VD. and any entity that has obtained the Software and in whose name is used. If you disagree, do not use this software.
BACKUP Zendal, S. C. P. has all the intellectual property of the Software and authorizes him to use the software only in accordance with the terms of this Agreement.
IDENTIFICATION OF THE CONTRACTING PARTIES:
These terms of subscribers, in part, by Zendal BACKUP, S. C. P. (Hereinafter Zendal or Zendal) located in the C / Fernando Guanarteme, No. 5, Office 1. C. P. 35 007. Las Palmas, Gran Canaria. Gran Canaria. Canary Islands. Spain. With C. I. F. J-35,879,659. And on the other the user / customer. (Company and / or individual that purchases and / or use the software). The parties are recognized in good standing to the conclusion of this document, and to that end agree to enter into this Agreement non-exclusive license, governed according to the following conditions:
1. DEFINITIONS.
“License Agreement non-exclusive use” is defined as the contract under which the holder the right to operate a program authorized to use another supplier to retain ownership of the program.
“Software” means all content of the files, disk (s), disk (s) CD-ROM or other media with which this Agreement is provided, including, without limitation:
i. Computer information or software programs Zendal S. BACK UP C. P. or third parties that expressly so provides.
ii. Written materials or files with related information (“Documentation”).
iii. Fuentes.
iV. Upgrades, modified versions, extensions, additions, and copies of the Software, if any, which has given Zendal licensed to you (collectively, “Updates”). “Use”, “Used” or “Using” means to access, install, download, copy or otherwise benefit from the use of the functions of the Software in accordance with the Documentation.
“Equipment” means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
“Software License” Zendal S. C. P. grants you non-exclusive license to use the Software for the purposes described in this contract and the accompanying documentation, provided that you comply with the terms of this Software License Agreement (this “Agreement”).
2. PURPOSE.
The purpose of this contract is a contract granting non-exclusive license under which the customer accesses the backup service at a high-performance data called Backup, which Zendal offers its customers a fee, to be determined in the clause on Price and Payment.
3. FEATURES OF BACKUP SERVICE.
Zendal Backup 3.1 is a service offered by Zendal BACK UP, S. C. P., remote safeguard those contents of computer customer that decides to keep. Zendal perform the above service on two different servers, each having several replicas in different type hard drives RAID 5. These backups are recorded in a data center owned by Northam High Performance Limited, located at 151 Front Sreet, Toronto, see Annex I.
3.2 Zendal provide the software necessary for the development of the service. Without downloading this software will be impossible to carry out the backups. To implement the program just follow the instructions provided by the website Zendal www.zendalbackup.com. The user must complete a form with your personal and / or data from the company to legally represent, install the software “program” that will facilitate and proceed Zendal choose the folders or information that aims to safeguard. Zendal, once accepted your order, confirm by email the same.
3.3 Zendal provide the user with confirmation of a high Username leaving to the discretion of the choice of a password which, when Zendal unknown, it is vital to be jealously guarded because without it, you can not develop service. Therefore, the User agrees to use its best endeavors to save the passwords from the program at any stage of development of the licensed software. Should be especially diligent about the encryption and decryption key because, as Zendal not know them, and the information is encrypted by the user from their computer keys will be essential to recover the data.
3.4 The Client can perform scheduled backups or manual of any file that is hosted on your local computer.
3.5 The Client may at any time to delete those files that are part of the backup done and do not want to keep.
3.6 The changes suffered in the service are governed by the provisions of the contract, but in each case shall mean any change, affecting the Backup service or affecting the provisions of this contract, with prior notice in the mail the user.
3.7 The service Backup, backup, has licensed a tool, accessible through the Software licensed from which the client can manage and administer the resources and applications that service.
4 PRICE AND PAYMENT.
4.1 The high in the Client Backup service is free.
4.2 With the availability of this service, after the trial period of one month, the customer must pay the price of the selected Backup as determined in Annex II attached to this contract.
In any case, the client, or who appear as such on the tab, is responsible for paying the bills even if a third party intervenes on behalf of the client, so that the responsibility to provide authentication data to a third party is solely Customer.
4.3 The amounts referred to in this Agreement and in Annex II are subject to taxes allocated to them.
4.4 Payment: The Backup service payment is monthly or annual customer’s choice.
4.5 The advance payment is made through direct debit to bank account ownership of the customer whose data are reported in the application form or through the platform provided by Zendal.
4.6 Zendal issue an invoice with details of all the concepts that make up that invoice.
4.7 Zendal submits its invoices electronically with full legal validity and is committed to complying with current legislation in this area and, therefore, use all means at its disposal to ensure the authenticity of the origin and integrity of content.
4.8 Zendal reserves the right to temporarily suspend the service provided to any incident experienced in the collection of service and / or non-payment pending resolution of the same. If your client does not proceed with the payment after the notice of the temporary suspension will cause the service deregistration for breach of contract on their part.
Failure to pay for expansion plans, ie not incorporated into the price of the standard will result in a major outage.
Where the service off for nonpayment, you will lose all copies. If it gets to hire the service must perform a safeguard of all data.
4.9 The amount of the prices stipulated by this company and listed in Annex II attached to this contract may be reviewed by Zendal. Without prejudice to the thirteenth clause of this contract for price changes will be provided to the paragraph that stated below.
4.10 The Customer shall have thirty (30) calendar days from the date of initial registration of the service to terminate this warranty period for renewal of contract.
Following the exercise of this right, Zendal customer refund the amount paid by the service.
Outside of the warranty period referred to this section, the customer is not entitled to any refund for voluntary redundancy and early the contracted service, with the exception set out in Clause 4.3 of this contract.
5 ENTRY INTO FORCE, DURATION AND RENEWAL.
5.1 This contract shall enter into force on the date of its execution, ie when the client is able to access the use of its service, either by downloading the necessary software, receiving the login and password, as well as the justification in writing by e-mail of the contract, or from its installation site in the event that opt for this service.
5.2 The contract will run monthly or annually commencing from the date of completion of the contract.
5.3 Without prejudice to the duration set in the preceding clause, the contract is extended automatically to the payment of the next bill and will not be terminated while the client does not express the low through any of the forms recognized in paragraph 5.5.
5.4 extensions used resources and Backup service can be enabled or disabled at any time while the service is active and up to date with, now whether an appeal or application has an extra monthly cost, the fact disable it before it ends prepaid month does not mean the return of the portion not consumed.
5.5 If the customer requests the floor by mail, it will occur on the day indicated by the client to be effective, provided it is done with enough time to manage it. However, if the floor is made by the client must personally observe this fact to keep the content you have stored on the server.
5.6 You lose all the contents that have safeguarded without the possibility of recovery:
a. Whenever there is low Backup service by mail. In this case the loss is total, for all users.
b. When you unsubscribe from a particular user application provided for this program. Here, the loss of the contents will be safeguarded only by the user.
6th of Zendal OBLIGATIONS AND RESPONSIBILITIES.
6.1 In their relations with customers, Zendal it must act with due diligence in the use of its business, honestly and in good faith. Zendal, is committed to providing all the means at its disposal the services optimally, striving for the service offered can be developed for 24 hours a day, seven days a week in the safest possible way except for incidents that occur Zendal out of control.
In this sense Zendal reserves the right to terminate the service contract on the basis of technical repairs and maintenance of equipment and for improving the services themselves.
Zendal is not responsible for those who will be solely attributable to the customer.
6.2 Zendal can not guarantee service availability Backup is continuous and uninterrupted for the duration of the contract, due to the possibility of problems in the Internet, servers equipment breakdowns and other unforeseen contingencies.
6.3 Accordingly, you expressly disclaims any liability claims, contractual or tort damages Zendal for possible failures, delays or errors in access and use of the service.
6.4 There Notwithstanding the foregoing, if Zendal breach commitments made in this contract by providing an inefficient service during the continuous period exceeding 24 hours, Zendal responsibility is limited to the refund of money collected by the service during the month.
6.6 The access and use of the service is the sole responsibility of the customer, so that Zendal not responsible in any way (directly or subsidiary) in any direct or indirect, that may cause the client to third parties.
6.7 Zendal disclaims any responsibility for the consequences that the lack of operation of the e-mail the customer or not communicating the change of direction may occur, as well as the misinformation that the customer claims due to negligence on the active in maintaining this information.
6.8 Zendal not responsible:
- The virus contamination in their equipment, the customer protection concerns
– From the instructions of third parties in the customer service has been established but Zendal reasonable measures of protection.
– In the defective configuration by the customer.
– The deterioration of equipment (terminal client) or misuse (customer responsibility).
– The loss of the encryption key by the customer.
7 DUTIES AND RESPONSIBILITIES OF THE USER.
7.1 The client must comply with all terms and conditions of contract in the course of his business, you must also act honestly and in good faith.
7.2 The client must meet the agreed remuneration as set out and not take any action contrary to good faith and in particular, but not limited to:
- Use that is contrary to Spanish law or infringes the rights of others.
– Cracks, serial numbers of programs or any other content that violates intellectual property rights of others.
– The collection and / or use of personal data about other users without their express consent or in contravention of the provisions of Law 15/1999, of December 13, Protection of Personal Data.
7.3 The customer acknowledges having tested the service with their needs and that he had been informed by Zendal properly.
7.4 The customer is solely responsible for the use and conservation of the login and password for Web access, as identifiers are needed to access these tools, which allow contrasting Zendal authentication and facilitate client access license to actions that are required from these tools. The use of these identifiers and communication, including third parties, is produced under the sole responsibility of the customer.
7.5 The client has full responsibility for the content of the backups made, claims of third parties and legal actions can be triggered across the reference to intellectual property, personal rights and child protection.
The customer is responsible for laws and regulations and rules that have to do with the operation of the service, e-commerce copyright, maintaining public order, and universal principles of Internet use.
7.6 The customer shall indemnify Zendal for costs by attributing it to have some cause for which responsibility was attributable to the client, if no final court decision.
7.7 Customer is prohibited to access, modify, display configuration, structure and file servers from which Zendal offers the Service. Any problems that might occur on servers and security systems as a direct result of negligence by the customer will be charged at the same time, its consequences legal or otherwise, as the costs involved.
7.8 The client’s acceptance of this contract, expressly consents to the submission of bills for presentation of the service through electronic means, as stated by the current law on this matter.
8 FORCE MAJEURE.
8.1 Neither party shall be liable for breach of obligations under the contract and, therefore, not be entitled to compensation when such failure is due to Force Majeure.
8.2 Force Majeure means those natural phenomena, inevitable accidents, fire, popular revolt or riot, strikes, non-business sphere of the Parties, acts of war by taxation, regulation, order or act of any government or government agency as well as any other competent authority or, in general, any other cause unpredictable, or, being predictable, inevitable, irresistible or independent of the will of the parties and beyond their control.
8.3 The party is affected by Force Majeure shall notify the other as soon as possible and in any event not later than 7 calendar days from the date on which the party was aware of it, accompanying such notice all documents proving that the act is considered Force Majeure and an estimate of the predicted duration of it.
8.4 The performance of the obligations affected by Force Majeure shall be suspended during the performance of such facts without compensatory situations may arise for the parties for reasons of Force Majeure.
8.5 In the event that, by reason of Force Majeure, the works are substantially affected and are subject without possibility of renewal for more than 60 calendar days, either party may request the termination.
8.6 After completion of Force Majeure, the Parties agree on the measures necessary to maintain, if possible, guaranteed delivery dates, or establish new ones.
8.7 The contractual obligations are not affected by Force Majeure shall be met according to the current program execution.
8.8 In any event, the parties shall take reasonable steps within its power to execute all the obligations of this Agreement will be started up again under the best conditions and with fewer delays due to the cessation of Force Majeure.
TERMINATION 9th.
9.1 The contract will end when, in addition to the legally established reasons and those provided in the various clauses of this contract, any of the following:
a. Mutual agreement of the parties. The decline can be done by email bajas@zendalbackup.com, although this will require to receive email acknowledgment of receipt thereof, or through the web interface option termination.
b. Completion of the initial term or successive extensions.
c. Resolution for breach of any of the parties of the obligations under the contract.
d. When either party is bankrupt or insolvent.
9.2 If the customer’s failure was the cause of contract termination, as set out in clause 9.1. c) Zendal reserves the right to advance to finish this contract and, thus depriving the client of the service without notice and without the customer is entitled to compensation or reimbursement of any amount.
9.3 In the event of termination or rescission of the contract, for the reasons mentioned above or any other admitted right, the customer must fulfill the obligations undertaken prior to the termination of the contract against Zendal and third parties.
10th INTELLECTUAL PROPERTY.
Zendal owns the copyrights and trademarks, Zendal.
CONFIDENTIALITY 11th.
11.1 Any information or documents to any party other contribution to developing and execution of this contract is considered confidential and proprietary input and who may be communicated to third parties without your consent.
11.2 The parties agree to give the nature of confidentiality in this Contract, undertaking not to disclose to third parties any of the points that make up its content without your consent.
11.3 The parties exclude the category of confidential information any information that is disclosed by the party possessing it, that it becomes public, one that has to be disclosed pursuant to law or a court order or imperative act competent authority and that which is obtained by a third party not under any obligation of confidentiality.
12th PROTECTION POLICY OF PERSONAL DATA.
1.12 Zendal observing the existing legislation on protection of personal data, reports that personal data are collected through web forms are included in specific client computer files of the company.
The collection and processing of personal data is aimed at maintaining the contractual relationship as may be established with the client as well as carrying out the tasks of service management, billing, implementation in this contract and to perform the tasks of information, training, marketing (this last forever identified as such) and other activities of the company.
These data will only be subject to fulfilling the purpose set out above.
2.12 Zendal take appropriate technical and organizational measures to ensure the security, integrity and confidentiality of the same under the provisions of Law 15/99 of 13 December on the Protection of Personal Data.
12.3 The applicant may at any time exercise their rights of access, opposition, rectification and cancellation recognized in that LOPD The exercise of these rights may be contracting itself through the system or any means of communication between parties in this contract validated
12.4 In cases where the L.O.P.D. required, under Article 11.2, Zendal act as the processor and, therefore, not apply or use these files for purposes other than contracted services, nor communicated to others even for their conservation, except at the express request Customer.
If you have any indication on the part of the data controller for the implementation of special security measures on the server, it will be necessary to contact Zendal to regulate the new conditions if necessary, being, therefore, subject to this contract .
5.12 Zendal not responsible for the breach by Customer of the PDPA the party so that its activity for him and which is related to the execution of this contract. As each of the parties shall not be liable for breaching these rules make the other.
12.6 The client declares that all information provided by him are true and correct, to keep certain promises, communicating any changes in them in Zendal. The client liable for the accuracy of their data and shall be solely liable for any disputes or litigation may result from the falsity of them.
ASSIGNMENT 13th.
The customer may not transfer to third parties rights and obligations under this contract without the prior written consent of Zendal except for those services that have, among its features the ability to activate and assign multiple users to follow the guidelines and philosophy of service.
MODIFICATIONS 14th.
1.14 Zendal reserves the right to modify, in any case, the characteristics and conditions of their products, always in development and benefit of the service itself. To this should not serve more formality than to inform the customer with a notice on-line and / or carry this modification to the terms of the contract and / or send it by email.
Without prejudice to the preceding paragraph shall notify in writing Zendal these changes in the shortest possible time for adaptation by the customer.
14.2 If as a result of the development R & D constant Zendal, as well as technical and technological advances occurring in the services of the information society, there are changes in the products, other services and management systems, administration (eg . New forms of secure payment in the network) Zendal, to adapt to these developments will proceed, if considered appropriate by Zendal, to make the amendments necessary to adapt to these developments. In these cases, Zendal previously communicated to customers information about changes affecting them and establish the time required in each case so that if the customer does not agree to such changes may result from this contract settled at all times respecting the provisions in clause 9.3. Zendal in his act diligently and in good faith in the market area of its business, always making changes involving not only benefit the development of new technologies, but also the functioning of the business and even the service offered in this contract so as not to detract from our customers across a whole.
In case of conflict between the injury to a small number of clients and the development of Zendal and / or adaptation to technical progress and technological services of the information society will be addressed to the benefit of most customers in this adaptation and advancement of Zendal in the field of new technologies.
15th WARRANTY AND LIMITATION OF LIABILITY.
Zendal 15.1 In no case, nor the managers and senior officials, managers, shareholders, agents or employees depend on it for any reason shall be liable directly or indirectly related to the use made by Zendal customer service.
15.2 The parties acknowledge that the coming into force of this contract does not imply any representation, delegation, warranties or agreements other than those expressly described in this contract, and accordingly, all terms, conditions, warranties or other aspects implied by general regulations or agreements are explicitly excluded to the extent permitted by law.
16 ยบ INVALIDITY.
If any provision of this contract is declared invalid or void in whole or in part, by any court or competent authority, the remaining provision shall remain valid, unless the parties discretion to decide the termination of the contract.
JURISDICTION 17th.
17.1 In matters not covered by this contract and in the interpretation and resolution of conflicts that arise between the parties as a result thereof, will apply Spanish law.
17.2 The parties, with a special waiver to their own jurisdiction, are subject, where appropriate, to resolve any issues that could arise from this contract to the jurisdiction of the courts of Las Palmas de Gran Canaria.
ANNEX I
FEATURES OF SOFTWARE CONTRACT BY THE CUSTOMER. Software.
Zendal offers a data warehouse software to the user / client, and services necessary for online backup service. We also inform you that this software does not include any component that is not specifically covered by this agreement.
How the Backup Zendal service:
The client application Zendal Backup is a small application with minimal consumption of resources running on each PC you want to copy data. Continuously monitors selected folders and makes copies without user intervention. The client application uses different detection technology to extract only the data that has changed in each file. This means that even if the user has a large amount of data in your PC, in each instance, it is only necessary to send a small amount of data. The server also saves these changes and different versions. When restoring data, the client can choose the version of the file you would like to restore. The user can configure the number of versions that you want to keep kitty in addition to time that will elapse between each version.
The application also will be used to restore files. The client presents a list of available files to restore. The user selects the files you want, and click on “Restore.” The files are downloaded in a folder chosen by the customer. Similarly, the user can use any Web browser to access their archives. In this case, you can use any computer without having the client installed.
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