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Software Download Agreement / Terms of Use
By downloading the Vembu StoreGrid professional data backup software from this web ste, I, hereby agree to the following terms and conditions:
The products and services that Information Technology Architects, Inc., an Indiana corporation (“ITA”), offers and/or provides are subject to the following Terms of Use (“TOU”).
By downloading the Vembu StoreGrid professional data backup software (the “Software”) through ITA, you agree to use the Software with these TOU. Accessing or using the Software obtained through ITA, for any purpose, technical or otherwise, constitutes use of the Software such that the party accessing or using the Software is bound by these TOU. Because the Web is an evolving medium, we may need to change these TOU or impose new conditions on the use of the Software, from time to time, in which case we will post the revised TOU here. Therefore, the TOU are subject to change and should be reviewed regularly. By continuing to use the Software after we post any such changes, you accept the TOU, as modified.
Notwithstanding anything to the contrary contained herein, the Software is written and maintained by Vembu Technologies Pvt. Ltd. (“Vembu”) and is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”).
ITA does not operate or control in any respect any information, products or services that Vembu may provide on or through ITA’s websites or on websites linked to by ITA’s websites. The materials, information, products and services offered on or through ITA or its websites and any third-party sites are provided on an "as is" basis.
ITA MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, RELATING TO THE SOFTWARE. ITA EXPLICITLY DISCLAIMS AND EXCLUDES ANY AND ALL WARRANTIES RELATING TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PURPOSE, OR ANY WARRANTIES OF CAPACITY, SUITABILITY FOR USE OR PERFORMANCE, VALUE, COMPLETENESS, RELIABILITY OR ACCURACY OF RESULTS OBTAINED IN CONNECTION WITH YOUR USE OF THE SOFTWARE.
ITA DOES NOT WARRANT THAT THE SOFTWARE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SOFTWARE OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT ITA) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER, WHETHER IN CONTRACT OR IN TORT, UNDER ANY WARRANTY THEORY, IN NEGLIGENCE OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Software is made available for download solely for use by end users according to the License Agreement and these TOU. Copying or reproducing the Software to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the License Agreement accompanying the Software. Any reproduction or redistribution of the Software not in accordance with the License Agreement or these TOU is expressly prohibited by law, and may result in civil and criminal penalties.
Price and availability of products or services are subject to change without notice. ITA reserves the right to limit sales, including the right to prohibit sales to re-sellers.
All accounts are in default if they are unpaid after fifteen (15) days following invoicing. Any default of contract(s), the TOU, or failure to pay for services rendered shall give ITA the right to proceed to terminate the agreement(s), contract(s) or service(s) and to exercise all other rights and remedies as provided by law. You agree that, in such event, you shall be obligated to pay ITA’s reasonable collection expenses which may include, without limitation, court costs, any collection fees, and attorneys’ fees.
The TOU shall be governed by and construed in accordance with the laws of the State of Indiana. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Vanderburgh County, Indiana, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigation in any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.