UpdateStar Online Backup means secure, unlimited and user-friendly backup. Data disasters can strike in many ways. Chances are you have precious data stored on your PC or netbook. That's why it is always a good idea to use a secure offsite backup. No matter, if your hard drive crashes, your PC gets stolen, or you simply deleted the wrong files, with UpdateStar Online Backup you are on the safe side.
Why put your digital life at risk? 1GB, 100GB or 1000GB of important data? No problem! Protect yourself, because when it comes to your digital life a copy of your precious data is the most important thing - apart from the original data.
Once installed UpdateStar Online Backup works in the background of your PC. You will love how easy it is to set up and get started. It creates offsite backups of your important files and looks for new and changed files to be backed up. UpdateStar Online Backup will do a differential backup every day. Your PC's default folders are automatically backed up - and you can easily add and remove folders to be included in your backup.
Do you have important or even irreplaceable content stored on your computer? Documents, photos, music, financials to name just a few, how would you feel if these files where gone? There are quite some possibilities to lose important files. It can happen easily - a hard drive crash, theft, a natural disaster, or simply an accidental deletion of files. These examples are all very real possibilities. UpdateStar Online Backup offers protection for your data. You can get easily started with a risk-free trial. Discover how easy it is to protect irreplaceable digital content of your computer.
Your backup files are encrypted before they ever leave your PC. The offsite transfer is done with a secure connection before the encrypted files are stored encrypted on UpdateStar backup server facilities. This means maximum privacy for your backed up files.
This end user license agreement is a legally binding contract between yourself (as a natural or a legal person) and the company UpdateStar GmbH (UpdateStar) for the software product “UpdateStar Online Backup”. By installing the software product, you declare your agreement with all conditions of the license agreement. If you do not agree with the conditions of the license agreement, you are not entitled to install or use the software product. The software product is protected by copyright laws and international copyright contracts as well as other laws and agreements concerning intellectual property.
1. Subject of the contract
The subject of this contract is the computer program, the backup service, the description thereof and the user manual as well as any other accompanying written material. This will henceforth also be referred to as “software”. UpdateStar wishes to point out that, at the current state of technology, it is not possible to create software that works perfectly in all applications and combinations. The subject of this contract is therefore a software program that is fit for the purposes detailed in the description and the user manual.
2. Software description
The software provides the capability to store and retrieve data on UpdateStar’s systems via the Internet during the subscription period (defined below). UpdateStar has the objective to deliver the best and safest off-site backup to computer users. UpdateStar will provide the amount of backup space that is mutually agreed upon for the time of the subscription period. It is your responsibility to routinely backup your data. If you choose to use the software, you must complete the activation process within the software. The software is a product that consists of client software installed on a computer that interacts with UpdateStar’s servers. The client software on your computer connects to a server network infrastructure that operated as a managed service by UpdateStar and other service providers. All or portions of the software provided hereunder may be provided by a third-party provider, including but not limited to, the storage of data backed up with the software as well as credit card processing. The software’s basic function is to create data backups of your important pictures, documents and other digital files that are physically placed on your hard drive. If you delete a file from your computer or move it to another location (such as an external hard drive) the software will cease to take a backup of the file in question. With the software you have the possibility of restoring a file up to 30 days backup (or longer for certain customers). Hence the software is not an archive you can use to store files to free your own hard drive but a backup solution for files that are crucial and stored on your hard drive and that you have instructed the software to backup. It is good IT practice to verify on a regular basis that the software is backing up the photos, documents and files that you expect it to backup. You should also consider the need for a backup of newly created folders and files, as you also need to continuously keep up with changes in our terms and conditions though the changes will be announced to you. The software has the objective to be an affordable online backup solution on the market - that is not possible if we are to carry the risk of covering a potential financial loss caused by events outside our control. Therefore, the software can and will not take financial responsibility for any loss of data related to the use of the software. UpdateStar seeks to offer an online backup service, which is better, easier and safer than other solutions. Since safety is the bedrock of UpdateStar's business, we do all what is in our power to provide a secure service - as secure as secure backup can be.
3. Service period
You will have certain rights to use the software during the license period. The license period shall begin on the date of your activation of the software or at the time of your purchase of a license. The license period ends with cancellation of the subscription or suspension of the license.
4. Your responsibilities
A current UpdateStar Online Backup account is required to access and use the software. If you do not have an account, you must complete the applicable registration process to create one in order to use the software. You are responsible for maintaining the confidentiality of your account password. You agree to provide UpdateStar with truthful registration information, including your name, address, telephone number, and email address during the license period as defined below. You are responsible for acquiring and maintaining the telecommunications services and devices required to access and/or use the software. The software is provided “as is” and UpdateStar shall not be liable for any downtime of the software due to reasonable scheduled maintenance, maintenance for critical issues or forces beyond the reasonable control of UpdateStar. The use of the software including the transmission of data you choose to store with the software is subject to all applicable local, national and international laws and regulations. You agree to comply with such applicable laws and regulations and not to use the software for illegal purposes, transmit or store material that may infringe the intellectual property rights or other rights of third parties or attempt unauthorized access to the software, the accounts of other software users, or computer systems or networks connected to the software. UpdateStar assumes no responsibility for the deletion or failure to store your data. UpdateStar retains the right, at its sole discretion, to determine whether or not your software use is consistent with the terms of this agreement and may terminate your access to the software if your software use is found to be in violation of the terms of this agreement.
5. License granting For the duration of this contract, UpdateStar grants you the simple, non-exclusive and personal right (henceforth referred to as “license”) to use a copy of the software on a single computer. If this single computer has multiple users, this user right applies to all users of the system. As a license-holder, you may physically transfer the software (i.e. saved on a data carrying medium). UpdateStar's subscription plans and prices which are included herein may be found at www.updatestar.com. In the following the chosen subscription by the customer is named 'subscription'. Customer subscription will usually be set up after the acceptance of these conditions and customer payment of applicable subscription fees.
6. Duration, payment and termination of the subscription Subscription is a current agreement, which ends only when terminated. The subscription can be automatically renewed with the period of time chosen by the customer (a 'subscription period') and may be cancelled at any time by the customer. If done so, the subscription will end after the end of the agreed subscription period is reached. The customer pays for the subscription prior to the subscription period. Payment is done the first time by accepting terms and condition and purchasing a subscription. Following payments will be done with the start of subsequent subscription periods. If UpdateStar is to make substantial changes of the terms and conditions to the disfavor of the customer including substantial price changes, customers may cancel their subscriptions. If done so, the subscription will end after the end of the agreed subscription period is reached. Customer termination can be made through www.updatestar.com or by letter to UpdateStar's address. UpdateStar is entitled to at its discretion and on the factual basis to terminate a subscription with 30 days written notice. The termination will be sent by mail or e-mail to the customer's informed resident and / or e-mail address. There will be repayment of the advance payment of customers remaining credit for the subscription period. By using free products (i.e. UpdateStar Online Backup FREE) the subscription expires after 180 days of inactivity. UpdateStar will notice the customer at least 14 days before the customer subscription expires. Warnings will be made to the informed email address of the customer. When the 180 days have elapsed, and the customer despite warning has not activated the subscription UpdateStar will without further notice reserve the right to delete the customer’s account information and close down the subscription. Paying solutions (i.e. UpdateStar Online Backup HOME) runs as long as the customer pays for its subscription. UpdateStar locks the customer's option for backup and recovery when payment is exceeded by 30 days. Subscription and account information can be erased if the payment period of 90 days is exceeded. In the event that the customer fails to pay a subscription fee on time i.e. 30 days after the submission of the invoice, UpdateStar may lock the customer's option for backup and recovery. Subscription and account information can be erased if the delayed payment period exceeds 90 days.
7. Unauthorized use of the subscription You may not use the software other than necessary for the intended use of the software. You also agree not to use the software for any unlawful or improper purpose. It is not allowed to use UpdateStar for illegal material in the sense of material that the customer does not have the right to release or stock. Such material must therefore not be made available on any of UpdateStar's servers. This applies whether access to the material is only granted to the customer or to a limited or unlimited number of people. The customer may under no circumstances use its subscription to obtain unauthorized access to systems connected to the Internet or otherwise act in a way that after the German or other countries' legislation is punishable. The customer may not, under any circumstances make actions which would pose a disproportionate burden on UpdateStar's and partner servers and technical infrastructure. There must not be carried out actions which could disrupt the Internet function, breaking the current network etiquette, for example. By revealing other people's private lives or through its conduct annoy other Internet users significantly. UpdateStar Online Backup HOME should not be used for commercial purposes, and is limited to only backup of the physical consumer PC, which UpdateStar Online Backup is licensed and installed on. In the event of reasonable suspicion of improper use of the subscription UpdateStar reserves right to investigate whether there is or has been unauthorized use of the subscription. The customer is obligated to participate actively in this investigation. You agree that UpdateStar may amend operating practices to maximize the operation and availability of the software and to prevent abuses. UpdateStar reserves the right to identify excessive consumption of network or storage resources. Your consumption of the software may be deemed excessive, if your usage greatly exceeds the average level of average usage of UpdateStar’s customers. UpdateStar reserves the right to suspend your license to use the software. If UpdateStar becomes aware of offences or activities in connection with a customer subscription, UpdateStar will in addition to terminating the customer subscription immediately and disclose all relevant information to relevant authorities to the extent needed.
8. Suspension UpdateStar may, at its sole discretion, immediately suspend the customer subscription for failure or suspected failure to comply with these terms or any other misuse or suspected misuse of the software. In the event of suspension there may in no case be a return of benefits or reimbursement of payments to the defaulting party with respect to the period prior to the date of the termination's notice. Your right to use the software shall terminate upon expiration of the subscription. By the end of the customer relationship to UpdateStar, whether by the customer or UpdateStar's suspension or cancellation, all the customer backup data at UpdateStar will be removed within 30 days of the subscription end. Date of subscription termination will be notified to the customer via e-mail. UpdateStar reserves the right to, without notice, limit or restrict access to a subscription or extent of the software to the extent UpdateStar considers such a limitation necessary for the operation and / or the security situation.
9. Description of further rights and limits The license-holder is prohibited from; (a) Altering, translating, reverse-developing, decompiling or disassembling the software without the advance written permission of UpdateStar (b) Creating products derived from the software or making copies of the written material, translating or altering the written material or creating products derived from the written material (c) Changing or removing the copyright mark on the copies of the software (d) Renting out, - or lending the software The license holder must use the software only in compliance with all relevant laws.
10. Third party rights and privacy The customer is responsible to make sure that customer data does not infringe the rights of third parties. If there is legal action against the customer or UpdateStar, alleging that UpdateStar's services violate the rights of third parties UpdateStar is entitled to, of their choice, to a) change its software so that violations cease, or b) terminate this agreement in whole or in part without further responsibility for UpdateStar.
11. Ownership of rights Any ownership rights applying to the software, including but not limited to copyright laws, belong to UpdateStar. Any not explicitly claimed rights are reserved by UpdateStar. By declaring your agreement with this license agreement UpdateStar simply grants a right to use the software as described in the conditions of the license agreement. This does not imply a right to the software itself. In particular, UpdateStar reserves all publication, multiplication, processing and utilization rights to the software. 14. Compensation for breach of contract UpdateStar would like to point out that you are responsible for any damages arising from breach of copyright if you violate these contract terms.
16. UpdateStar’s Guarantees and Responsibility UpdateStar guarantees the original license-holder that the data medium carrying the software is free of errors at the point of delivery, assuming normal operating conditions and a normal level of maintenance. If the delivered data carrier is faulty, the purchaser can demand a replacement during the 24-month guarantee period. For this, he or she must return the data carrier to UpdateStar. For these reasons and for those mentioned in clause 1 of this contract, UpdateStar accepts no responsibility for mistakes in the software. In particular, UpdateStar does not guarantee that the software will meet the particular requirements and demands of the user or that it will function together with other software he or she has chosen. The user is responsible for the correct choice of software and the consequences of the use of that software, as well as the results aimed at or intended. The same principle applies to the written material that accompanies the software. If the software is fundamentally unfit for use as described in clause 1, the customer has the right to cancel the contract. UpdateStar has the same right should the creation of software that is fundamentally fit for use as described in clause 1 not be practically possible. UpdateStar is not responsible for any damages, unless such damages are caused deliberately or arise from gross negligence on the part of UpdateStar. In contracts with traders, an assumption of responsibility for gross negligence is excluded. This does not apply to assurances by UpdateStar that refer to specific characteristics. Responsibility for damages not included in such an assurance will not be accepted.
17. Security UpdateStar maintains an extensive security around the use of subscriptions. The installation of the software will generate a secure encryption key automatically, as all data sent to UpdateStar's servers is encrypted. It is always the customer's responsibility to keep a copy of this key so a future restoration of data can be made.
18. The customer's personal data and other data The customer decides and is responsible for the personal information and data recorded on the customer's subscription and how they are used. UpdateStar mainly administrates such personal data on instructions from the customer. If there is data which is subject to existing law regulations on the UpdateStar's servers, the customer must give UpdateStar written notice of this. UpdateStar is in every aspect without responsibility for all matters falling under applicable law regulations in connection with the customer's processed data. Customer shall indemnify UpdateStar for any claim arising out of applicable law regulations. UpdateStar reserves the right to gain access to customer's stored data, to the extent that after UpdateStar's best estimate is necessary for the UpdateStar's operating and / or the security situation. UpdateStar and its staff will in this connection be subject to confidentiality and notify the customer that UpdateStar have had access to the stored data.
19. Limitation of liability You assume total responsibility for use and performance of the software. UpdateStar and its licensors exercise no control over and disclaim any responsibility for the content or data created or accessible using the software. You agree not to use the software in high risk activities where an error might cause damage or injury. UpdateStar and its affiliates, agents and partners will not be liable to you for any incidental, indirect, punitive damages of any kind including loss of business, loss of use, loss of profits, loss of revenues, loss of information or data, costs of cover or reliance upon the software related to this agreement or software. With regard to any software related claim for damages not limited by the above paragraphs, your remedies for such claim will be limited to the total license charges paid by you for the affected software in the month preceding the occurrence of the event which caused the claim.
20. Indemnification You shall indemnify and hold UpdateStar, its subsidiaries, affiliates, officers, directors and employees harmless from and against any third party claims, demands, costs, damages, losses, liabilities and expenses, including attorneys' fees, made by any third party arising out of or in connection with use of the software through your license, including but not limited to liability arising out of or in connection with the data transmitted or stored through the software in connection with your account.
21. Competency If the license-holder is a registered merchant under German law, the law that applies to this contract is the law of the Federal Republic of Germany. In this case, the state and federal courts of the Federal Republic of Germany assume responsibility. If you have any questions regarding the licensing of UpdateStar software or you wish to contact UpdateStar, please get in touch with us as follows:
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