End User License Agreement – South Jersey CrashPlan
We appreciate your selection of South Jersey CrashPlan, the premier online/offsite
backup service offered by The Byte Shop, LLC. You and the protection of your
information and data are extremely important to us. This agreement states both
your and our obligations as the customer and the provider of the products and
services you have purchased.
Protecting your digital data and information with backup technology is vitally
important. Our software and services are designed to ensure that your files are
backed up continually and to alert you by e-mail if they have not been backed up
recently. It is your responsibility to maintain a current, updated e-mail
address in your online backup account and monitor messages sent to that address
so that our software or we may alert you regarding your services and products.
We will provide guidance for proper file selection during the initial install
but following this initial install, you need to take care to include new and
changed folders and files within the selection of folders and files to be
backed up by our products and services. New folders and files will be
automatically included if they are created within a folders already selected
for backup. You need to use our easy selection screen to select any new
folders/files created outside of folders already selected for backup.
We will provide on-site assistance if possible for the initial installation of
the software, provide instructions for how to backup and restore your files but
it is your responsibility to ensure that the products are working properly and
that you have selected all of your important folders and files. It is your
obligation to periodically test your backups by restoring some files to confirm
that your backups are working properly.
The South Jersey CrashPlan service is not intended to be your one and only
backup solution. While our software and services are designed to be extremely
reliable and are thoroughly tested, you should consider the use of two or more
independent and compatible backup systems to protect your valuable digital data
and information. The protection of your files is our top priority, but we are
not responsible for lost files and consequences as described more fully below.
You may be assured, however, that all of your backed up files are 100%
encrypted using the 448-bit blowfish encryption algorithm – one of the
strongest methods available in the industry. In addition, our software and
services are designed to notify you if for any reason your files have not been
backed up for more than one day.
It is your responsibility to safeguard your passwords. If a password is
forgotten, it may be necessary to backup all your files again and the history
of previously deleted files and previous file changes may be lost. Please take
care to write down your passwords and store them securely both onsite and
offsite.
We partner with Code 42 Software, Inc. ("Code 42"), a company that
provides the software that powers our South Jersey CrashPlan service. We
provide service, documentation and support to you while Code 42 develops the
CrashPlan Pro software responsible for performing the act of backing up your data.
All of your files selected for backup are protected from disclosure by
ultra-strong encryption at all times during transfer to and from storage and
during storage on the secure servers.
Our backup software and services work silently and automatically, placing no
noticeable burden on your computers or Internet connection after the first full
backup. While our system works reliably and requires little effort on your
part, it is still important to spot check your backups by periodically
restoring some files to confirm that you can do so if you need to and to
confirm that the backup system is working properly.
1. ACCEPTANCE AND USE
You accept this end user license agreement and the Code 42 End User License
Agreement (http://support.crashplanpro.com/doku.php/crashplan_end_user_license_agreement)
if you: Download, install, activate, or use CrashPlan Pro software or Data
Hosting Services; or Click the "I accept" button associated with the
Code 42 End User License Agreement and/or this end user license agreement.
This End User License Agreement ("Agreement") is a legal agreement
between you, the customer, and The Byte Shop, LLC, a NJ company ("The Byte
Shop") regarding the purchase, use, and installation of the South Jersey
CrashPlan service and CrashPlan Pro Software and/or Data Hosting Services
(hereinafter collectively the " South Jersey CrashPlan Service"). In
this Agreement, "you" and "your" refer to you, the
customer, and your agents, and "we", "us" and
"our" refer collectively to The Byte Shop.
THE BYTE SHOP IS WILLING TO ALLOW THE SALE AND USE OF THE SOUTH JERSEY
CRASHPLAN SERVICE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE
TERMS CONTAINED IN THIS LICENSE AGREEMENT. BY ACCEPTING THIS AGREEMENT YOU ARE
BINDING YOURSELF TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF
THIS AGREEMENT, THEN THE BYTE SHOP IS UNWILLING TO ALLOW THE SALE AND USE OF
THE SOUTH JERSEY CRASHPLAN SERVICE TO YOU AND YOU MUST (A) NOT DOWNLOAD,
INSTALL, ACTIVATE, OR USE THE CRASHPLAN PRO SOFTWARE OR DATA HOSTING SERVICES,
AND (B) YOU MAY RETURN THE CRASHPLAN PRO SOFTWARE FOR A FULL REFUND OF ITS
PURCHASE PRICE. YOUR RIGHT TO RETURN AND A REFUND FOR THE CRASHPLAN PRO
SOFTWARE EXPIRES 60 DAYS AFTER ITS PURCHASE, AND APPLIES ONLY IF YOU ARE THE
ORIGINAL END USER PURCHASER.
ANY PURCHASE OR USE OF THE SOUTH JERSEY CRASHPLAN SERVICE WITHOUT AGREEING TO
THE TERMS OF THIS AGREEMENT IS STRICTLY PROHIBITED.
The Byte Shop makes no representations that the South Jersey CrashPlan service is
appropriate for use in other locations outside of the United States. If you use
the South Jersey CrashPlan service in or from other locations you are
responsible for compliance with applicable laws.
2. DESCRIPTION OF SOUTH JERSEY CRASHPLAN SERVICE
Throughout this Agreement, the following descriptions shall apply. More
detailed information regarding these South Jersey CrashPlan service can be
found at http://www.sjcrashplan.com.
"South Jersey CrashPlan" service includes CrashPlan Pro, Data Hosting
Services, and other software and services offered by The Byte Shop to provide
the on-site and online/offsite backup services.
"CrashPlan Pro" is the CrashPlan software program developed by Code
42 that allows you to backup your data in real-time (i.e. backups that occur
multiple times a day) using South Jersey CrashPlan’s Data Hosting Services
and/or other storage devices that: i) are running any form of the CrashPlan Pro
Software; 2) have given you permission to backup to that device; and 3) are in
a functional state and condition appropriate for receiving and storing your
data (e.g., powered on, connected to the Internet, containing appropriate
storage space, etc.). CrashPlan Pro also allows for the storage of multiple
versions of data without overwriting previous backups of that data.
"Data Hosting Services" are the storage and encrypted transfer of
ultra-securely encrypted electronic files, folders and their metadata including
version, date and size information, and the customer's contact information, and
data specifying the configuration options for the customer's South Jersey
CrashPlan service, all of which are transferred between your computers running
CrashPlan Pro software and secure servers that are protected, managed and maintained by The Byte
Shop or its contractors.
3. GRANT OF LICENSE
Unless otherwise noted in this Agreement, and to the full extent allowed under any
applicable laws, all terms and conditions of this Agreement apply to purchases
and use of the South Jersey CrashPlan service, whether CrashPlan Pro Software
or Data Hosting Services or otherwise.
a. Conditioned upon compliance with the terms and conditions of this Agreement
including the purchase of the South Jersey CrashPlan service, The Byte Shop grants
to you a nonexclusive and nontransferable license to use the South Jersey
CrashPlan service that you have purchased and their related Documentation.
b. You may only use each single copy of CrashPlan Pro Software you purchase on
one computer or workstation at a time; however, you are allowed to transfer
each purchased CrashPlan Pro Software copy from one computer to another, single
computer so long as you do not abuse this privilege (e.g., repeated transfers
of the CrashPlan Pro Software for the purpose of backing up multiple computers
without the purchase of multiple licenses). What actions constitute an abuse is
the sole discretion of The Byte Shop. "Documentation" as used in this
Agreement means written information (whether contained in user or technical
manuals, training materials, specifications or otherwise) specifically
pertaining to the South Jersey CrashPlan service and made available by The Byte
Shop in any manner including on downloads or on-line.
c. TITLE AND LIMITATIONS. This is a license, not a transfer of title, to the
CrashPlan Pro Software and Documentation. The Byte Shop retains ownership of
all copies of the CrashPlan Pro Software and Documentation. You are granted no
implied licenses to any other intellectual property rights other than as
specifically granted herein. You acknowledge that the South Jersey CrashPlan service
and Documentation contain trade secrets of The Byte Shop, its suppliers, or
licensors, including but not limited to, the specific internal design and
structure of individual programs and associated interface information.
Accordingly, except as otherwise expressly provided under this Agreement, you
shall have no right, and you specifically agree not to:
i. Transfer, assign or sublicense its license rights to another person or
entity and you acknowledge that any attempted transfer, assignment, sublicense
or use shall be void;
ii. Make error corrections to, or otherwise modify or adapt, the South Jersey
CrashPlan service or to create derivative works based upon the South Jersey
CrashPlan service, or permit third parties to do the same;
iii. Reverse engineer or decompile, decrypt, disassemble or otherwise reduce
the South Jersey CrashPlan service to human-readable form, except to the extent
otherwise expressly permitted under applicable law notwithstanding this
restriction;
iv. Use or permit the South Jersey CrashPlan service to be used to perform
services for third parties, whether on a service bureau or time sharing basis
or otherwise, without the express written authorization of The Byte Shop;
v. Disclose, provide, or otherwise make available trade secrets contained
within the South Jersey CrashPlan service and Documentation in any form, to any
third party without the prior written consent of The Byte Shop. You shall
implement reasonable security measures to protect such trade secrets; or
vi. Use the South Jersey CrashPlan service to develop any software application
intended for resale which employs the South Jersey CrashPlan service.
d. SOFTWARE, UPGRADES, AND ADDITIONAL COPIES. For purposes of this Agreement,
"Software" shall include (and the terms and conditions of this
Agreement shall apply to) the South Jersey CrashPlan service and any upgrades,
updates, bug fixes or modified versions thereto (collectively,
"Upgrades") or backup copies of the South Jersey CrashPlan service
licensed or provided to you by The Byte Shop. NOTWITHSTANDING ANY OTHER
PROVISION OF THIS AGREEMENT: (1) YOU HAVE NO LICENSE OR RIGHT TO USE ANY
ADDITIONAL COPIES OR UPGRADES UNLESS YOU, AT THE TIME OF ACQUIRING SUCH COPY OR
UPGRADE, ALREADY HOLD A VALID LICENSE TO THE ORIGINAL SOFTWARE AND HAVE PAID
THE APPLICABLE FEE FOR THE UPGRADE OR ADDITIONAL COPIES; AND (2) THE MAKING AND
USE OF ADDITIONAL COPIES IS LIMITED TO NECESSARY BACKUP PURPOSES ONLY.
4. ACCESS TO SOUTH JERSEY CRASHPLAN SERVICE
In order to use South Jersey CrashPlan service, you must provide all equipment
and software necessary that are not a part of the South Jersey CrashPlan service,
including, but not limited to, a computer that is in working order running an
operating system compatible with South Jersey CrashPlan and that is suitable
for use in connection with South Jersey CrashPlan. You are responsible for
ensuring that your equipment and/or software do not disturb or interfere with South
Jersey CrashPlan's operations or the operations of other users of the South
Jersey CrashPlan service. If any upgrade or modification to South Jersey
CrashPlan requires changes in your equipment or software, you must effect these
changes at your own expense. Unless explicitly stated otherwise, any new or
additional features that augment or enhance South Jersey CrashPlan, including
the release of new products and services, shall be subject to the terms and
conditions of this Agreement.
5. INVOICING AND PAYMENT
a. PRICING INFORMATION. Pricing information for South Jersey CrashPlan is
provided at http://www.sjcrashplan.com.
b. INVOICING AND PAYMENT TERMS FOR DATA HOSTING SERVICES. Payment amounts are
based upon your usage of the Data Hosting Service during a 30 day period and on
the published pricing for South Jersey CrashPlan. You will be invoiced and
required to pay when due. Invoices may cover more than one 30 day period, each
of which will be charged for the usage during that period. Actual usage is
measured by the total size of the files protected at the time of billing.
Pre-paid amounts are not refundable except where explicitly stated in this
Agreement. Payment of all invoices are due thirty (30) days from the date of
the invoice. BY ACCEPTING THIS AGREEMENT AND USING DATA HOSTING SERVICES, YOU
EXPRESSLY AUTHORIZE THE BYTE SHOP TO BILL AND COLLECT PAYMENT FROM YOU BY ANY
PAYMENT METHOD YOU REGISTER INCLUDING, BUT NOT LIMITED TO, MANUAL INVOICE, YOUR
CREDIT CARD, BANK ACCOUNT, OR ONLINE PAYMENT SYSTEM SUCH AS PAYPAL. Any amount
not paid when due will accrue a finance charge at the rate of one and one-half
percent (1.5%) per month or the highest rate permitted by law, whichever is
less, until fully paid.
c. FAILURE TO PAY ON TIME. In addition to the above finance charge, in the
event that you fail to pay any invoice when due, The Byte Shop may, but
ordinarily would not, immediately and without notice terminate all your rights
to continue using the South Jersey CrashPlan and its Data Hosting Services.
Ordinarily we will take steps to notify you and give you an opportunity to pay
up to 30 days late without losing service or incurring any interest. If your
payment becomes more than 60 days overdue, The Byte Shop reserves the right to
delete any and all data you have stored with South Jersey CrashPlan through the
Data Hosting Service.
DATA STORAGE AND CUSTOMER INFORMATION COLLECTED
a. DATA STORAGE. The data you select to backup is backed up using South Jersey
CrashPlan's Data Hosting Services. In addition, you may purchase an option to
maintain additional onsite backups. ONLY THOSE FILES YOU SELECT FOR BACKUP WILL
BE STORED. Some files and folders are automatically excluded from backups by
filters.
b. DATA SECURITY. CrashPlan Pro Software uses encryption to secure access to
your data. Your password is required for decrypting stored data. By default, South
Jersey CrashPlan stores your password unless you specifically elect not to have
the password stored with South Jersey CrashPlan. IF YOU ELECT NOT TO HAVE SOUTH
JERSEY CRASHPLAN STORE YOUR PASSWORD AND YOU LOSE YOUR PASSWORD, YOUR ENCRYPTED
DATA WILL NOT BE RECOVERABLE.
c. STORAGE AND USE OF EMAIL AND PASSWORD. In addition to the storage and use of
your account password, your email address is stored by South Jersey CrashPlan.
YOU ARE SOLELY RESPONSIBLE FOR SUPPLYING AND MAINTAINING ANY INTERNET
CONNECTIONS FOR YOUR EQUIPMENT AND SUPPLYING AND MAINTAINING A CORRECT EMAIL
ADDRESS WITH SOUTH JERSEY CRASHPLAN. Instructions for updating your password
and e-mail address will be provided.
d. METHOD OF PAYMENT INFORMATION. If you purchased South Jersey CrashPlan Online,
we will collect and store your method of payment for the South Jersey CrashPlan
service you have purchased. We have no direct access to your credit card number
nor do we store it on our servers. Your credit card information or other
payment information is processed and retained by merchant account service
provider.
e. EMAIL ADDRESS INFORMATION. Your email address in combination with your
password allows South Jersey CrashPlan to verify your identity. South Jersey
CrashPlan has a service allowing you to use your email address in combination
with your password to remotely access your data from any computer. Your email
address in combination with your password verifies your identity allowing you
to access this data remotely.
f. INFORMATION COLLECTED VIA THE INTERNET. CrashPlan Pro Software may
automatically use the Internet to search for updates, such as, but not limited
to, bug fixes and security updates, for the CrashPlan Pro Software. Such
updates may install automatically. Computers with installed CrashPlan Pro Software
may also be tracked by South Jersey CrashPlan (such as via Internet Protocol
address) to locate where on the Internet that computer is located so that you
and others you invite to backup data can locate your computer. Where
applicable, South Jersey CrashPlan may use the Internet to transfer your data
to your designated data storage facilities.
g. SOUTH JERSEY CRASHPLAN LICENSE KEY. South Jersey CrashPlan requires
activation via a license key. South Jersey CrashPlan requiring activation by a
license key will require an Internet connection to complete activation.
Activation via a license key will cause the computer installed with the South
Jersey CrashPlan service to transmit the license key to South Jersey CrashPlan
via the Internet for activation.
6. MODIFICATIONS
You agree that The Byte Shop may, at its sole discretion, may access our
software on your computer, and/or cause CrashPlan Pro Software to contact South
Jersey CrashPlan, in order to provide additional or modified functionality,
updates, enhancements, security updates and patches, and upgrades to CrashPlan Pro
Software or to remove or terminate the functionality of any CrashPlan Pro Software
in accordance with the provisions of this Agreement (collectively
"Modifications"). All Modifications will be related to the South
Jersey CrashPlan service and will not include additional software from third
parties.
7. UNINSTALLING CRASHPLAN SOFTWARE
You may uninstall CrashPlan Pro Software by using any uninstall utility that
accompanies the installed CrashPlan Software or through the uninstall mechanism
provided by your compatible operating system. UNINSTALLING THE CRASHPLAN PRO SOFTWARE
WILL CAUSE IT TO CEASE TO FUNCTIONING. UNINSTALLING CRASHPLAN PRO SOFTWARE WILL
PREVENT YOU FROM BEING ABLE TO ACCESS ANY ENCRYPTED DATA THAT WAS STORED USING
THE CRASHPLAN PRO SOFTWARE. The Byte Shop does not warrant that any and all
portions of the CrashPlan Pro Software will be removed by any uninstall utility
or the uninstall mechanism of your operating system. The Byte Shop does not
warrant that all of your computer's software content, including but not limited
to the operating system, will regress to a state of operation, including but
not limited to settings and options that are identical to those that existed
prior to the installation of CrashPlan Pro Software. You remain bound by the terms
of this Agreement, including but not limited to its disclaimer of warranties,
limitation of liability, exclusive remedy, intellectual property, and ownership
clauses even after you uninstall the CrashPlan Pro Software.
8. PROPRIETARY NOTICES
You agree to maintain and reproduce all copyright, trademarks and other
proprietary notices on all copies, in any form, of the CrashPlan Pro Software. Except
as expressly authorized in this Agreement, you shall not make any copies or
duplicates of any CrashPlan Pro Software without the prior written permission
of The Byte Shop.
9. TERMINATION
This Agreement shall be effective as of your acceptance of this Agreement and
shall continue in effect until terminated by either party. Either party may, at
its election and in its sole discretion, terminate this Agreement at will,
except as otherwise set forth in this Agreement. The Byte Shop specifically
reserves the right to terminate this Agreement and your use of the South Jersey
CrashPlan service immediately, without notice from The Byte Shop, if you fail
to comply with any provision of this Agreement, if you use any product or
service in a way not intended by The Byte Shop, or if you abuse your use of the
South Jersey CrashPlan service. The Byte Shop is further entitled to obtain
injunctive relief if your use of the South Jersey CrashPlan service is in
violation of any license restrictions. Upon termination, you shall destroy all
copies of the CrashPlan Pro Software and Documentation in your possession or
control.
ACCORDING TO THIS SECTION OR OTHER SECTIONS OF THIS AGREEMENT, THE BYTE SHOP
MAY TERMINATE YOUR ABILITY TO CONTINUE TO USE THE SOUTH JERSEY CRASHPLAN
SERVICE. THE TERMINATION OF YOUR ABILITY TO CONTINUE TO USE SOUTH JERSEY
CRASHPLAN WILL CAUSE THE SERVICE TO CEASE FUNCTIONING AND PREVENT YOU FROM
BEING ABLE TO ACCESS ANY ENCRYPTED DATA THAT WAS STORED USING THE CRASHPLAN
SOFTWARE.
The termination of this Agreement for any reason shall not affect: a) the
obligations of the parties to account for and pay to one another any amounts
for which they are obligated by virtue of transactions or events which occurred
prior to the effective date of termination; or b) any other obligation or
liability which either party has to the other under this Agreement and which,
by its nature, would reasonably be expected to survive termination such as, but
not limited to, sections entitled: GRANT OF LICENSE; TITLE AND LIMITATIONS;
PROPRIETARY NOTICES; LIMITED WARRANTY; LIMITATION OF REMEDIES; LIMITATION OF THE
BYTE SHOP LIABILITY; INDEMNITY BY YOU; U.S. GOVERNMENTAL END USER PURCHASES;
YOUR OBLIGATIONS; and GENERAL PROVISIONS.
10. ALLOCATION OF RISK
You acknowledge and agree that The Byte Shop has set its prices and entered
into this Agreement and sales of the South Jersey CrashPlan service in reliance
upon the disclaimers of warranty and the limitations of liability set forth
herein, that the same reflect an allocation of risk between the parties
(including the risk that a contract remedy may fail of its essential purpose
and cause consequential loss), and that the same form an essential basis of the
bargain between the parties.
11. LIMITED WARRANTY
The Byte Shop warrants that, for a period of ninety (90) days from the date of
the first purchase of CrashPlan Software that such version, in the form
delivered by The Byte Shop, will substantially conform to and perform
substantially in accordance with The Byte Shop's published documentation, to
the extent such exists, with respect thereto when installed and operated in accordance
with South Jersey CrashPlan specifications, and The Byte Shop will endeavor to
correct any failure of the South Jersey CrashPlan service to so conform or
perform of which The Byte Shop receives written notice from you within said
ninety (90) day period.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, SOUTH JERSEY CRASHPLAN IS FURNISHED BY THE
BYTE SHOP AND ACCEPTED BY YOU ARE PROVIDED "AS IS" AND WITHOUT ANY
WARRANTY WHATSOEVER. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ARE
SPECIFICALLY EXCLUDED AND DISCLAIMED BY THE BYTE SHOP. THE BYTE SHOP DOES NOT
WARRANT THAT THE SOUTH JERSEY CRASHPLAN SERVICE OR ASSOCIATED DOCUMENTATION
WILL MEET THE YOUR REQUIREMENTS, OR THAT THE OPERATION OF SOUTH JERSEY
CRASHPLAN WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS EXPRESSLY PROVIDED
HEREIN, THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SOUTH JERSEY
CRASHPLAN IS WITH YOU.
12. LIMITATION OF REMEDIES
YOUR SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THE FOREGOING LIMITED WARRANTY
WILL BE THAT (A) THE BYTE SHOP WILL ENDEAVOR TO CORRECT WITHIN A REASONABLE
TIME ANY REPORTED FAILURE OF THE SOUTH JERSEY CRASHPLAN SERVICE TO
SUBSTANTIALLY CONFORM TO OR PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE BYTE
SHOP'S SPECIFICATIONS, TO THE EXTENT SUCH SPECIFICATIONS EXIST, DURING THE
WARRANTY PERIOD SET FORTH IN THIS AGREEMENT OR (B) IN THE EVENT THAT THE BYTE
SHOP SHALL FAIL OR BE UNABLE FOR ANY REASON TO CORRECT ANY SUCH FAILURE OR
NON-CONFORMITY OF THE SOUTH JERSEY CRASHPLAN SERVICE YOU MAY TERMINATE THE END USER
LICENSE AGREEMENT.
13. LIMITATION OF THE BYTE SHOP LIABILITY
IN NO EVENT WILL THE BYTE SHOP BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST
SAVINGS, LOST DATA, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA, LOST REVENUE, BUSINESS INTERRUPTION, LOSS OF CAPITAL OR OTHER SPECIAL,
CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT
OR ANY SERVICE FURNISHED OR TO BE FURNISHED BY THE BYTE SHOP UNDER THIS
AGREEMENT OR THE USE THEREOF, EVEN IF THE BYTE SHOP HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSS OR DAMAGE, AND THE AGGREGATE LIABILITY OF THE BYTE
SHOP UPON ANY AND ALL CLAIMS HOWSOEVER ARISING OUT OF OR RELATING TO THIS
AGREEMENT OR ANY SERVICE FURNISHED OR TO BE FURNISHED BY THE BYTE SHOP UNDER
THIS AGREEMENT WILL IN ANY EVENT BE ABSOLUTELY LIMITED TO THE AMOUNT PAID BY
YOU TO THE BYTE SHOP FOR YOUR PURCHASE OF THE SOUTH JERSEY CRASHPLAN SERVICE
UNDER THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTHING IN THIS AGREEMENT SHALL
OPERATE TO RELIEVE THE BYTE SHOP FROM LIABILITY FOR ITS OWN WILLFUL OR WANTON
RECKLESSNESS OR INTENTIONAL TORTS.
14. YOUR OBLIGATIONS
You agree not to use any automated or manual process to interfere with, modify,
or attempt to interfere with or modify South Jersey CrashPlan service except to
uninstall the same as provided herein.
15. GENERAL PROVISIONS
a. ENFORCEMENT/CHOICE OF LAW/CHOICE OF FORUM. Every provision
of this Agreement will be construed, to the extent possible, so as to be valid
and enforceable. If any provision of this Agreement so construed is held by a
court of competent jurisdiction to be invalid, illegal or otherwise
unenforceable, such provision will be deemed severed from this Agreement, and
all other provisions will remain in full force and effect.
b. ENTIRE AGREEMENT AND NO WAIVER. This Agreement sets forth
the entire agreement and understanding between The Byte Shop and you regarding
the subject matter hereof and supersedes any prior representations,
advertisements, statements, proposals, negotiations, discussions,
understandings, or agreements regarding the same subject matter. You
acknowledge that it has not been induced to enter into this Agreement by any
representations or statements, oral or written, not expressly contained in this
Agreement. This Agreement may not be modified or amended except as described
herein or by a separate writing referencing this Agreement and signed by both
you and an authorized representative of The Byte Shop. The failure by The Byte
Shop at any time to enforce any of the provisions of this Agreement or any
right or remedy available hereunder or at law or in equity, or to exercise any
option herein provided, will not constitute a waiver of such provision, right,
remedy or option or in any way affect the validity of this Agreement. The
waiver of any default by The Byte Shop will not be deemed a continuing waiver,
but will apply solely to the instance to which such waiver is directed.
c. CORRECTION OF ERRORS AND INACCURACIES. This Agreement may
contain typographical errors or other errors or inaccuracies and may not be correct
or current. The Byte Shop reserves the right to correct any errors,
inaccuracies or omissions and to change or update this Agreement at any time
without prior notice. The Byte Shop does not, however, guarantee that any
errors, inaccuracies or omissions will be corrected.
d. HEADINGS. The section headings appearing in this Agreement
are inserted only as a matter of convenience and reference and in no way
define, limit, construe or describe the scope or extent of such section.
e. NO PARTNERSHIP. This Agreement shall not be construed as
creating or constituting any partnership, joint venture or agency relationship
between the parties.
f. ASSIGNMENT AND RESALE. Your rights under this Agreement
are not assignable or transferable. You agree not to resell South Jersey
CrashPlan or any portion thereof.
g. SUCCESSORS AND ASSIGNS. This Agreement will be binding
upon and inure to the benefit of the parties and their respective successors
and permitted assigns. No third-party beneficiaries are intended or shall be
construed as created by virtue of this Agreement.
h. CHOICE OF LAW. This Agreement will in all respects be
governed by and interpreted, construed and enforced in accordance with the laws
of the United States of America and the state of New Jersey without respect to
its choice of law provisions. Any action between the parties will be venued in
a state or federal court situated within the state of New Jersey, and you
irrevocably submit yourself to the personal jurisdiction of such courts for such
purpose.
16. QUESTIONS OR ADDITIONAL INFORMATION
If you have any questions regarding this Agreement or wish to obtain additional
information, please send a letter via U.S. Mail to The Byte Shop, LLC, Suite 11
PMB 251, 3111 Route 38, Mount Laurel, NJ 08054 or send an e-mail to
info@sjcrashplan.com