Britecloud Online Backup End User Agreement

Transcription

1 Britecloud Online Backup End User Agreement Last Updated Dec 27, 2012 PLEASE READ THIS END USER AGREEMENT ( EUA ) CAREFULLY. IT CONTAINS IMPORTANT TERMS THAT AFFECT YOU AND YOUR USE OF THE BRITECLOUD ONLINE BACKUP SERVICE (BOB-SERVICE) AND SOFTWARE. BY CLICKING AN ACCEPTANCE BUTTON OR CHECKING AN ACCEPTANCE BOX, BY INSTALLING, COPYING OR USING THE SOFTWARE, OR BY USING THE SERVICE, YOU AGREE TO THE FOLLOWING EUA ON BEHALF OF YOURSELF INDIVIDUALLY AND, IF APPLICABLE, THE BUSINESS OR ORGANIZATION ( ORGANIZATION ) ON WHOSE BEHALF YOU INSTALL, COPY OR USE THE SOFTWARE OR USE THE BOB-SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL, COPY, OR USE THE SOFTWARE OR USE THE BOB-SERVICE. This EUA is a contract between you (either an individual or a single entity) and Britelink Information Systems Inc. ( Britelink ) to use the Britecloud Online Backup client application software ( BOB-SOFTWARE ) to access and use the Britecloud Online Backup Cloud Storage Network cloud data storage and backup service ( BOB- SERVICE ) for offsite backup and storage of data from your devices using an online network of third-party systems and networks. This EUA applies to clients and customers of Britelink who install or use the BOB- SOFTWARE to access and use the BOB-SERVICE through their own Britecloud user account ( Account ). You represent that either (a) you are an authorized representative of the Organization with authority to bind the Organization to this EUA, in which case you refers collectively to both you individually and the Organization, or (b) you will be using the service solely in your individual capacity as an individual or sole proprietorship, in which case the term you refers to you as an individual.. Britelink reserves the right to modify this EUA at any time and in Britelink's sole discretion by sending notice of changes to the and/or mailing address specified in your Account profile ( Account Profile ). Any changes will be effective thirty (30) days after Britelink s notice of such changes (or such later effective date as may be specified in the notice). In the event Britelink modifies this EUA as provided above, you may terminate this EUA at any time prior to the effective date of such modification by sending written notice of termination to Britelink, according to the current termination requirements in this EUA. Britelink will also indicate at the top of this EUA, which will be posted on the Britecloud website at ( BOB-Website ), the date such document was last updated. In addition, Britelink may provide other methods by which you may accept or receive notice of this EUA or changes to this EUA. Britecloud Online Backup End User Agreement December 27, 2012 Page 1

2 1. License. a. Installation and Use. Subject to your compliance with this EUA and any other agreement you may have with Britelink or with a service provider that governs your use of the BOB-SERVICE, Britelink grants you a non-exclusive, non-transferable license to install and use the BOB- SOFTWARE on one or more computers, mobile devices, servers, dedicated storage appliances or any other computing devices that you own or have rights to control (each, a Device ) to access and use the BOB-SERVICE for your internal business purposes ( Permitted Purposes ). b. Updates, Supplements or Replacements. Any Britecloud or Britelink software that updates, supplements or replaces the original BOB-SOFTWARE (including supplemental software provided to you as part of support services related to the BOB-SOFTWARE or the BOB- SERVICE) also constitutes BOB-SOFTWARE and is governed by this EUA, unless separate license terms accompany such update, supplement or replacement, in which case such separate terms will govern to the extent of any conflict with this EUA or as otherwise provided in such separate terms. c. Backup Copies. You may also make a reasonable number of copies of the BOB-SOFTWARE as may be necessary for backup and archival purposes. THINK ABOUT WHETHER YOU CAN PUT A NUMBER OR PARAMETERS TO THE NUMBER OF COPIES OR PERHAPS LINK THE NUMBER OR PARAMETERS TO EACH LICENSE. RIGHT NOW THIS IS TOO GENERAL TO PROVIDE YOU ANY CONTROL OVER NUMBERS d. License Limitations. The preceding license states the entirety of your rights with respect to the BOB-SOFTWARE and BOB-SERVICE, and Britelink reserves all rights not expressly granted to you in this EUA. Without limiting the foregoing, you will not do, or authorize or permit any third party to do, any of the following: i. distribute, license or sell the BOB-SOFTWARE or BOB-SERVICE; ii. use the BOB-SOFTWARE or BOB-SERVICE for any purpose other than the Permitted Purposes; iii. modify, edit, reverse engineer, decompile, disassemble or attempt to discover any part of the BOB-SOFTWARE or BOB-SERVICE (including any code, technology, algorithm, technology or methodology used in connection with the BOB-SOFTWARE or BOB- SERVICE); iv. use or attempt to use an Account that is not yours; v. remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the BOB-SOFTWARE or BOB-SERVICE; vi. use the BOB-SOFTWARE or BOB-SERVICE in any unlawful manner or for any unlawful purposes; Britecloud Online Backup End User Agreement December 27, 2012 Page 2

3 vii. damage, disable, overburden or impair the BOB-SERVICE (or devices or networks used by the BOB-SERVICE) or otherwise interfere with anyone's use of the BOB-SERVICE; viii. use the BOB-SOFTWARE or BOB-SERVICE for any mission or life-critical purposes, including the storage of any data which, if lost or corrupted, could endanger the health or safety of any person; or ix. use or facilitate the use of the BOB-SERVICE in violation of any usage policies or guidelines published on the BOB-Website. e. Feedback. You agree that any suggestions or feedback provided by you (including your Organization or any other employee or representative of your Organization) to Britelink regarding the BOB-SERVICE (including the BOB-Website) or BOB-SOFTWARE, other products and services of Britelink, Britecloud, any Britelink or Britecloud-related technologies, or other offerings of Britelink or its affiliates ( Submissions ) may or may not be treated confidentially by Britelink. You agree to grant, and hereby do grant, to Britelink a perpetual, irrevocable, worldwide, nonexclusive, royalty-free, fully sub-licensable license to use and otherwise fully exploit any Submissions, including all intellectual property and proprietary rights therein, in any manner and for any purposes. Further, you agree to waive and forego asserting any moral rights you may have in the Submissions. By submitting a Submission to Britelink, you represent and warrant that you have authority to provide such Submission to Britelink and grant the rights to the Submission granted herein, and that doing so does not and will not constitute the infringement or misappropriation of the trade secrets or other confidential information of any third party. You agree to execute such further documents and otherwise provide such reasonable assistance as may be necessary or required in asserting and confirming such rights and authorities as set out above. Further, it is understood and agreed that at all material times including before any such further written confirmation as contemplated above may be given, any written assurance given by you will constitute an estoppel to any defense or counter in which you seek to deny having asserted any right or authority to act as you may have done. 2. BOB-SERVICE. a. BOB-SERVICE Changes or Cancellation. Britelink reserves the right to change or cancel the BOB-SERVICE at any time at its sole discretion. Britelink may also make other related services available as part of the BOB-SERVICE from time to time, and this EUA will apply to such related services unless Britelink specifically provides a separate agreement for such related services. b. Account Creation and Maintenance. Britelink reserves the right to refuse or limit access to an Account to anyone at Britelink s sole discretion. If you create or maintain an Account with Britelink, you agree to provide accurate, current and complete information about you on any and all Account forms or Account Profile sections on the BOB-Website or in connection with the BOB- SERVICE and to maintain the security of the username and password associated with your Britecloud Online Backup End User Agreement December 27, 2012 Page 3

4 Account. You agree to maintain and promptly update your information in your Account Profile, and any other information provided to Britelink, to keep it accurate, current and complete. You will promptly notify Britelink if you discover or otherwise suspect a compromise of such user name or password or if any other security breaches related to the BOB-SERVICE is known or suspected to have occurred. c. Disclosure and Use of Account and Related Information. If you have an Account with Britelink, although it is not Britelink's preference to provide governmental authorities with access to your Account information, you acknowledge that Britelink may be required to do so from time to time in accordance with the then-current laws of Alberta or Canada as the case may be. As such, you authorize Britelink to deliver or furnish any information about your Account (including usage information and information in your Account Profile), access to your Account (including any data stored through such Account), and such other information in connection with your use of the BOB-SERVICE, to such governmental authorities as may order or demand the same, with or without notice to you in accordance with any then-current laws of Alberta or Canada as the case may be. 3. Use of BOB-SOFTWARE and BOB-SERVICE. a. Consent to the Use and Transfer of Data. You understand and agree to the following use of data from your Devices. The BOB-SOFTWARE is designed to access and copy the data from the Devices that you choose to back up, and then encrypt your copied data. Your encrypted data will be sent over the Internet and distributed for storage on equipment owned or operated by thirdparty providers of the BOB-SERVICE (BOB-EQUIPMENT). By using the BOB-SOFTWARE and BOB-SERVICE, you consent to the transfer of your encrypted data to these third parties for the purpose of storage of your data. b. Privacy. In order to operate and provide the BOB-SERVICE, Britelink collects certain information about or from you. The BOB-SOFTWARE sends non-personally identifying information about your Devices, data, IP addresses, and other BOB-SERVICE-related information to BOB- EQUIPMENT. In addition, the BOB-SOFTWARE tracks and transmits information about BOB- SERVICE performance, your Devices (including the storage space on your Devices), your BOB- SERVICE use, information relating to your data (such as file names) and the data you store (including the identity of the Devices to which your data has been transmitted and stored as well as information about the encryption used for your data) to Britelink. In particular, Britelink may access or disclose information about or from you, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of Britelink or any clients or customers, including the enforcement of our agreements or policies governing your use of the BOB-SERVICE; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of employees, clients or customers of Britelink or the public. Britecloud Online Backup End User Agreement December 27, 2012 Page 4

5 Information and data collected from you may be stored and processed on servers and BOB- EQUIPMENT in Canada. c. BOB-SOFTWARE Updates: Britelink may automatically download upgrades of the BOB- SOFTWARE to your Devices to update, enhance and further develop the BOB-SERVICE with or without notice to You.- d. Protection of Your Data. You will restrict access to the BOB-SOFTWARE and any encryption keys, passwords and other BOB-SERVICE access credentials to yourself and your employees and service providers who have a need to access your data. You are solely responsible for protecting the BOB-SERVICE access credentials from any loss or unauthorized use or disclosure. e. Data Storage and Retention. Britelink may suspend or delete your Account, decommission your Devices, and delete or limit your access to data stored through your Account per the Britecloud Customer Policy ( Policy ) on the BOB-Website. Britelink will attempt to send one or more notifications to the address in your Account Profile prior to enforcing the Britelink Customer Policy. 4. BOB-SERVICE Level Agreement a. Objective. The Service Level Agreement ( SLA ) is to have the BOB-SERVICE guaranteed to 99.9% of availability measured over a period of one calendar month. b. Remedy and Compensations for BOB-SERVICE Unavailability. For each cumulative hour that the BOB-SERVICE is unavailable to you, your account shall be credited for the pro-rated charges for one day of the applicable fees for your use of the BOB-SERVICE as set forth in the thencurrent Pricing Schedule. You can only submit a SLA claim and all supporting documentations between the first day and the fourth day following the end of the month for which the BOB- SERVICE credit is sought. c. Basis for BOB-SERVICE Credit Claim. Britelink provides this SLA subject to the following terms. Britelink reserves the right to change these terms at any time in accordance with this EUA. i. In order to be eligible to submit a claim with respect to any Incident, you must first have notified Customer Support of the Incident, using the procedures set forth by Britelink, within three (3) days following the Incident. ii. To submit a claim, you must contact Customer Support and provide notice of your intention to submit a claim. You must provide to Customer Support all reasonable details regarding the claim, including but not limited to, detailed descriptions of the Incident(s), Britecloud Online Backup End User Agreement December 27, 2012 Page 5

6 the duration of the Incidents, the number of affected Devices and the locations of such Devices and any attempts made you to resolve the Incident. iii. In order for Britelink to consider a claim, you must submit the claim, including sufficient evidence to support the claim, between the first day and the fourth day following the month in which the Incident which is the subject of the claim occurs. iv. Britelink will use all information reasonably available to it to validate claims and make a good faith judgment on whether the SLA and service levels apply to the claim. d. Definition of BOB-SERVICE Availability. The BOB-SERVICE is said to be operational and available as defined by the following criteria: i. Internet connection must be functioning, available and operational ii. The BOB-SOFTWARE can connect to the BOB-SERVICE using a designated account named and log in successfully using confirmed account credentials. iii. Login with confirmed account credentials and create a new file-based backup job and perform a successful backup of one file. e. Standard BOB-SERVICE Maintenance Window. The standard BOB-SERVICE maintenance windows are as follows: i. Monday, Wednesday, Friday and Saturday starting at 11:00pm ending at 4:00am the following day. f. Exclusions BOB-SERVICE availability excludes the following conditions: i. Scheduled Maintenance (a) of which you are notified at least 48 hours in advance, and (b) that is performed during a standard maintenance window as per clause 4.e; ii. Unavailability of service caused from (a) any of your circuits or equipment, (b) your applications, (c) acts or omissions by you or any use or user of the service authorized by you or (d) reasons of Force Majeure (as defined in the EUA below). iii. Unanticipated delays in equipment manufacturer (OEM) and vendor hardware / software provisioning not under Britelink s control. iv. The BOB-SERVICE has not been fully provisioned or activated. v. Outages due to labor difficulties, civil commotion, governmental orders, acts of God, and other circumstances beyond Britelink s reasonable control. vi. Instances where Britelink is not afforded access to the Customer s premise(s). vii. Outages where No Trouble ticket has been established or submitted online. viii. Test and Inquiry trouble tickets. ix. Use of Britelink provided software, devices, or Equipment that has not been approved for General Public Release. Britecloud Online Backup End User Agreement December 27, 2012 Page 6

7 g. Force Majeure. Britelink shall not be liable or deemed to be in default for any delay or failure in performance under this EUA or interruption of service resulting directly or indirectly from acts of God, acts of war or any causes beyond the reasonable control of Britelink. 5. Fees a. Payment, Fees and Refund. The Policy on the BOB-Website will apply to your purchase. Fees for the BOB-SERVICE are as set forth in the applicable pricing schedule also posted to the BOB- Website or such other pricing schedule as Britelink may separately provide to you ( Pricing Schedule ). Britelink may change the Policy or Pricing Schedule from time to time by posting a revised Policy or Pricing Schedule to the BOB-Website or sending a revised copy to the and/or mailing address specified in your Account Profile. You will pay to Britelink the applicable fees for your use of the BOB-SERVICE as set forth in the then-current Pricing Schedule. b. Taxes. The fees payable under this EUA are net amounts and do not include retail sales, use, value-added, foreign withholding or any other taxes except for income and business and occupation taxes levied on Britelink with respect to such fees within Canada. All such taxes will be paid or reimbursed by you. You may be able to avoid certain taxes by furnishing Britelink satisfactory evidence of exemption. If you are required to withhold any such taxes from the amounts payable to Britelink under this EUA, such amounts payable by you hereunder shall be increased to the amount necessary to make the actual net amount received by Britelink equal to the fee amounts specified in this EUA. Britecloud Online Backup End User Agreement December 27, 2012 Page 7

8 6. Term and Termination. a. Term. The term of this EUA will commence upon the first date you agree to this EUA and continue on a calendar month-to-month basis, unless sooner terminated under this EUA. b. Termination. Britelink may terminate this EUA at any time, with or without cause, immediately upon notice to you, except that Britelink will use reasonable efforts to provide thirty (30) days advance notice of termination without cause. Britelink may also discontinue the BOB-SERVICE with which the BOB-SOFTWARE is used, in which case this EUA shall terminate automatically without notice. You may terminate this EUA at any time, with or without cause, by providing Britelink with written notice which will be effective on the last day of the month following the verified receipt of written notice to Britelink as per the Customer Policy. c. Effect of Termination. Upon the expiration or termination of this EUA for any reason: (i) all licenses granted to you in this EUA will terminate; (ii) you will immediately cease all use of the BOB-SOFTWARE and BOB-SERVICE and destroy or erase all copies of the BOB-SOFTWARE in your possession or control; and (iii) Section 1.e (Feedback), Section 4 (Fees), Section 6 (Term and Termination), Section 7 (Confidentiality; Data Security), Section 8 (Other Rights, Terms and Limitations), and all other provisions that may reasonably be construed as surviving the termination or expiration of this EUA, will survive the termination or expiration of this EUA. Upon termination of the BOB-SERVICE or this EUA by either you or Britelink, Britelink may suspend or delete your Account, decommission your Devices, and delete or limit your access to data stored through your Account per the Britelink Customer Policy. 7. Confidentiality; Data Security. a. Confidential Information. As used in this EUA, Confidential Information means trade secrets or other information of Britelink or Britecloud that is not generally available to the public that is disclosed to you in connection with this EUA, including information about Britelink s finances, business plans, product plans, and technology. You will not use Confidential Information other than as necessary to use the BOB-SERVICE in accordance with this EUA, and you will not disclose, disseminate or distribute Confidential Information without the prior written consent of Britelink. You will protect any Confidential Information from any unauthorized use, disclosure, copying, dissemination or distribution. Without limiting the foregoing, you will: (i) make the Confidential Information available only to those of your employees, agents and other representatives who have a need to know the same; (ii) not divert or misappropriate any Confidential Information for your own benefit or the benefit of any third party; and (iii) not remove or obliterate markings, if any, on Confidential Information indicating its proprietary or confidential nature. Notwithstanding the foregoing, you may disclose or produce Confidential Information if and to the extent required by a subpoena, court order or other governmental action, provided that Britecloud Online Backup End User Agreement December 27, 2012 Page 8

9 you give Britelink reasonable advance notice of the same so as to afford Britelink a reasonable opportunity to appear, object and obtain a protective order or other appropriate relief regarding such disclosure. You will deliver any and all Confidential Information to Britelink, or destroy the same with notification to Britelink of such destruction, upon Britelink s request and in any event upon the earlier of (i) that time when such Confidential Information is no longer necessary to use the BOB-SERVICE, and (ii) any termination of this EUA. b. Security Upgrades. Britelink may automatically download upgrades to the BOB-SOFTWARE to the Devices on which it is installed to update, enhance and further develop the BOB-SERVICE. You shall not bypass any automatic update downloads or installations, and you shall comply with any notices Britelink provides to you to download necessary security upgrades to the BOB- SOFTWARE. Such upgrades shall be installed not less than twenty-four (24) hours following delivery of such notices. c. Security Breaches. You shall immediately notify Britelink of any actual, probable or reasonably suspected Security Breach (defined below). You shall: (i) assist Britelink in investigating, remedying and taking any other action Britelink deems necessary regarding any Security Breach and any dispute, inquiry or claim that concerns the Security Breach; and (ii) shall provide Britelink with assurance satisfactory to Britelink that such Security Breach or potential Security Breach will not recur. Unless prohibited by an applicable statute or court order, you shall also notify Britelink of any third-party legal process relating to any Security Breach, including, without limitation, any legal process initiated by any governmental entity (foreign or domestic). As used in this EUA, Security Breach means any actual, probable or reasonably suspected breach of any safeguards or of any other actual, probable or reasonably suspected unauthorized access to, or acquisition, use, loss, destruction, compromise or disclosure of, any information maintained on your networks, systems and premises. d. Equitable Relief. In the event of any breach of this Section 6 (Confidentiality; Data Security), Britelink and other users of the BOB-SERVICE may suffer irreparable harm and have no adequate remedy at law. In such event or the threat of any such event, Britelink and such other users will be entitled (in addition to any and all other remedies) to injunctive relief, specific performance and other equitable remedies without proof of monetary damages or the inadequacy of other remedies, and without necessity of posting a bond or other security. 8. OTHER RIGHTS, TERMS AND LIMITATIONS a. Ownership and Copyright. The BOB-SOFTWARE and BOB-SERVICE are the valuable property of Britelink and its licensors and is protected by copyright and other intellectual property laws and treaties. As between Britelink and you, Britelink and its licensors own all right, title and Britecloud Online Backup End User Agreement December 27, 2012 Page 9

10 interest in and to the BOB-SOFTWARE and BOB-SERVICE, including all copyright and other intellectual property rights in the BOB-SOFTWARE and BOB-SERVICE. b. Use of Trademarks. During the term of this EUA, Britelink may use your company name and logo (and, if applicable, your key brand names and logos related to your use of the BOB- SERVICE) ( User Trademarks ) solely to identify and promote you as a customer of Britelink and user of the BOB-SERVICE. All goodwill arising out of Britelink s use of the User Trademarks will inure solely to the benefit of you. c. Disclaimers. THE BOB-SOFTWARE AND BOB-SERVICE ARE PROVIDED "AS IS", WITH ALL FAULTS, DEFECTS AND ERRORS, AND WITHOUT WARRANTY OF ANY KIND. BRITELINK DISCLAIMS ALL WARRANTIES (EXPRESS OR IMPLIED AND ARISING BY LAW OR OTHERWISE) REGARDING THE BOB-SOFTWARE OR BOB-SERVICE AND THEIR PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BRITELINK DOES NOT WARRANT THAT THE BOB-SOFTWARE OR BOB-SERVICE WILL BE FREE OF BUGS, ERRORS, VIRUSES OR OTHER DEFECTS, OR THAT THE BOB- SOFTWARE OR BOB-SERVICE WILL PROTECT OR SECURE YOUR DATA FROM LOSS, CORRUPTION, DELETION, UNAUTHORIZED USE OR UNAUTHORIZED ACCESS. BRITELINK SHALL HAVE NO LIABILITY OF ANY KIND FOR THE USE OF OR INABILITY TO USE THE BOB-SOFTWARE OR BOB-SERVICE. FURTHER, BRITELINK WILL NOT BE LIABLE FOR, OR BE CONSIDERED TO BE IN BREACH OR DEFAULT UNDER THIS EUA ON ACCOUNT OF, ANY DELAY OR FAILURE TO PERFORM AS REQUIRED BY THIS EUA AS A RESULT OF ANY CAUSE OR CONDITION BEYOND BRITELINK S REASONABLE CONTROL. d. Indemnification. You will indemnify, defend and hold harmless Britelink, its affiliates, independent contractors and service providers, and each of their respective members, directors, officers, employees and agents (collectively, "Britelink Parties"), from and against all claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (i) your use of, or inability to use, the BOB-SOFTWARE or BOB- SERVICE (including any third party s use or inability to use the BOB-SOFTWARE or BOB- SERVICE through your Account) and (ii) your breach of this EUA. e. Limitation of Liability. IN NO EVENT SHALL ANY OF THE BRITELINK PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS), WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATING TO THE BOB-SOFTWARE OR BOB-SERVICE, EVEN IF A BRITELINK PARTY Britecloud Online Backup End User Agreement December 27, 2012 Page 10

11 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE BRITELINK PARTIES (WHETHER IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE BOB-SOFTWARE OR BOB-SERVICE EXCEED THE USAGE FEES ACTUALLY RECEIVED BY BRITELINK FOR YOUR USE OF THE SERVICE DURING THE ONE (1) YEAR BEFORE THE CAUSE OF ACTION AROSE. f. Governing Law; Jurisdiction. This EUA shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada, excluding its conflict of laws rules and without application of the United Nations Convention on Contracts for the International Sales of Goods. Exclusive jurisdiction for litigation of any dispute, controversy or claim arising out of or in connection with this EUA, or breach thereof shall be only in the Federal or Provincial court with competent jurisdiction located in the Province of Alberta, Canada. g. General. (a) Severability. If any provision of this EUA is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, the remainder of this EUA will remain in full force and effect. (b) Assignment. You may not assign this EUA, or any of your rights under this EUA, without the prior written consent of Britelink, and any attempted assignment without such consent shall be void. (c) Export Control: You acknowledge and agree that the BOB-SOFTWARE may contain cryptographic functionality the export of which is restricted under applicable export control law. You will comply with all applicable laws and regulations in your activities under this EUA. You will not export or re-export the BOB-SOFTWARE in violation of such laws or regulations or without all required licenses and authorizations. The BOB-SOFTWARE may not be downloaded or exported to any country outside of Canada or the United States of America. By subscribing to the BOB-SERVICE or using any of the BOB-SOFTWARE, you represent and warrant that you are not located in, under the control of, or a national or resident of any other country. (d) Entire EUA. This EUA sets forth our entire agreement with respect to the BOB-SOFTWARE and BOB- SERVICE, and the subject matter hereof, and supersedes all prior and contemporaneous understandings and agreements whether written or oral. Except as otherwise stated in this EUA, no amendment, modification or waiver of any of the provisions of this EUA will be valid unless set forth in a written instrument signed by the party to be bound thereby. Britecloud Online Backup End User Agreement December 27, 2012 Page 11