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# TMS Stein's Backup (Pro)
# Licence and Terms & Conditions
# (C) Dr Thomas-M. Stein <support@tmsbackup.com>
# December 2018 - V 3.5.0.1 (v2.2)
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Index
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(1) Definitions
(2) Installation file & distribution agreement
(3) Preamble
(4) Licence agreement and copyright
(5) Privacy

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(1) Definitions
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<TMS Stein's Backup (Pro)> hereafter referred to as the <PROGRAM> and applies to all versions & types of the <PROGRAM>.

<Dr Thomas-Manuel Stein> hereafter referred to as the <SOFTWARE PUBLISHER>.

The licencee, company or organisation purchasing or testing the software hereafter referred as <LICENCEE>.

The provider of any software downloads hereafter referred as <DOWNLOAD PROVIDER>.

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(2) Installation file & distribution agreement
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(2.1)
The official <PROGRAM> installation file is only supplied by the <SOFTWARE PUBLISHER> through the <PROGRAM> 's website under <https://www.tmsbackup.com>. It may NOT be altered, revamped, repackaged, de- or recompiled or be included in other packages. Nor is it permitted for any installer, downloader, adware or any other program or file to be added. ONLY the official <PROGRAM> installation file is being distributed and valid. MD5 and SHA-256 hashes of the official installation file are being published on the <PROGRAM> 's website allowing for data integrity checks to be performed. All program and installation files are digitally signed by the author and can be verified.

(2.2)
The <PROGRAM> or any components of it may not be downloaded or (re)distributed in any form or media or from any website or through any <DOWNLOAD PROVIDER> other than through the official <SOFTWARE PUBLISHER>'s website or agreed mirror download sites under:
<https://www.tmsbackup.com>
<https://www.tmsstein.com>

Mirror download site(s):
<http://www.heise.de/software/download/tms_steins_backup_pro/81521>

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(3) Preamble
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(3.1)
Any user, company or organisation using the <PROGRAM> needs to obtain a licence covering the total number of users of one or multiple installations.

(3.2)
Any <DOWNLOAD SITE> providing download facilities for the <PROGRAM> or its installation file agrees to adhere to section (2) 'Installation file & distribution agreement'.

(3.3)
Various licence options exist including perpetual and lease licences as well evaluation or test licences. Details are published on-line on the <PROGRAM>'s website or may be requested from the <SOFTWARE PUBLISHER>.

(3.4)
The <PROGRAM> is being distributed with an evaluation licence. The evaluation licence allows the unrestricted testing of the <PROGRAM> for a fixed period of time. The evaluation licence is automatically activated during the first program installation and NO registration is required for testing.

(3.5)
The <PROGARM> will switch into <demo mode> with the main backup functions deactivated once any of the licences has expired, a licence and version mismatch or an invalid licence was detected.

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(4) Licence agreement and copyright
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(4.1)
This is an agreement between <SOFTWARE PUBLISHER> and <LICENCEE>, who is being licensed to use or test the <PROGRAM> software.

(4.2)
<LICENCEE> acknowledges that this is only a limited non-exclusive licence. The <SOFTWARE PUBLISHER> is and remains the owner of all titles, rights, and interests in the software. The ownership of the software copies remain exclusively with the <SOFTWARE PUBLISHER>. No changes to the code or any reverse engineer or disassembling of the <PROGRAM> is permitted.

(4.3)
This licence permits the <LICENCEE> to install and use the <PROGRAM> on one or several computers providing access to the <PROGRAM> for up to a maximal number of users as specified by the licence.

(4.4)
Licences are non-transferable. Multiple user licences may only be used and installed within the <LICENCEE>'s organisational unit or group.

(4.5)
An <evaluation licence> option is automatically activated during first installation. The evaluation licence allows the unrestricted testing of the <PROGRAM> for a fixed period of time. No registration is required for the evaluation licence.

(4.6)
The licence key and information entered will be validated automatically during the start-up of the <PROGRAM>, during manual checks as well as during changes made to the configuration. Some licences may require Internet access to the <SOFTWARE PUBLISHER>'s licence server in order for the licence to be validated.

(4.7)
Copyright and conditions of use of external modules used remain with the respective copyright holders.

(4.8)
The <SOFWARE PUBLISHER> disclaims ANY warranty on the performance of the software and limits liability for any damages to the purchase price of the software. The <PROGRAM> will perform according to its electronic documentation, and to the best of <SOFTWARE PUBLISHER>'s knowledge.

(4.9)
In case of a breach of the Limited Warranty, <LICENCEE>'s exclusive remedy is as follows: The <LICENCEE> will delete all copies of the <PROGRAM>, at <LICENCEE>'s cost, and destroy all licence keys previously issued.

(4.10)
The <SOFWARE PUBLISHER> has the right to terminate this License Agreement and <LICENCEE>'s right to use this Software upon any material breach by the <LICENCEE>.

(4.11)
The <LICENCEE> agrees to delete all copies of the <PROGRAM> as well as all licence keys and numbers issued and notify the <SOFTWARE PUBLISHER> in writing.

(4.12)
This License Agreement is the entire and exclusive agreement between <SOFTWARE PUBLISHER> and the <LICENCEE> regarding this <PROGRAM>.

(4.13)
This License Agreement is valid without <SOFTWARE PUBLISHER>'s signature. It becomes effective upon the <LICENCEE>'s signature or the <LICENCEE>'s use of the <PROGRAM> and the ticking of the agreement during installation or within the licence section of the <PROGRAM>.

(4.14)
The <PROGRAM> or any components of it may not be downloaded or (re)distributed in any form or media or from any website other than through the official <SOFTWARE PUBLISHER>'s website under or agreed mirror download sites. The main download site is:
<https://www.tmsbackup.com>.

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(5) Privacy
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(5.1)
The <SOFTWARE PUBLISHER> will obtain some contact data of the <LICENCEE> solely required for the sale, register and delivery of a licence for the <PROGRAM> as well as the provision of support.

(5.2)
The financial transaction of the sale of the <PROGRAM> licence will be conducted through the online payment provider PayPal Australia Pty Limited. The issue of the licence will be conducted by the <SOFTWARE PUBLISHER> after the purchase has been completed.

(5.3.)
Any contact details obtained by the <SOFTWARE PUBLISHER> will not be passed on to any third party nor will it be used for any other purpose than required to register, issue and deliver the licence of the <PROGRAM> as well as for the provision of support.

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