FileBack PC License Agreement

IMPORTANT - THIS IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN 
INDIVIDUAL OR AN ENTITY) AND MAXIMUM OUTPUT SOFTWARE. BY 
INSTALLING AND/OR BY USING THE SOFTWARE, YOU ACKNOWLEDGE THAT 
YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT, AND AGREE TO 
BE BOUND BY ITS TERMS.  YOU FURTHER AGREE THAT IT IS THE FULL AND 
COMPLETE AGREEMENT BETWEEN US, SUPERSEDING ALL PRIOR WRITTEN OR 
VERBAL AGREEMENTS OF ANY KIND. IF YOU DO NOT UNDERSTAND OR DO 
NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST CEASE USING 
THIS PRODUCT IMMEDIATELY AND PROMPTLY RETURN ALL MATERIALS 
(INCLUDING DISK OR DISKS AND WRITTEN MATERIALS) TO MAXIMUM OUTPUT 
SOFTWARE.

Maximum Output Software Software License Agreement

1. GRANT OF LICENSE.  This License Agreement permits you to use one copy of the 
enclosed Maximum Output Software software program (the "SOFTWARE") on a single 
computer (PRIMARY COMPUTER).  The SOFTWARE may also be used on one 
portable computer if that portable computer is used primarily (50% or more) by the 
same individual as the PRIMARY COMPUTER.  The SOFTWARE is in "use" on a 
computer when it, in usable form, is loaded into temporary memory (i.e. random access 
memory) or installed into permanent storage (e.g. hard disk drive, CD-ROM, or other 
storage device) of that computer.  However, the installation files may be placed on a 
networked computer for the sole purpose of internal distribution, and shall not constitute 
"use" for which a separate license is required, provided you have purchased a separate 
license for each computer to which the SOFTWARE is installed.  

2.  COPYRIGHT.  The SOFTWARE is owned by Maximum Output Software and its 
author, Douglas Alan Johnson, and is protected by United States copyright laws and 
international treaty provisions.  The SOFTWARE must be treated like all other 
copyrighted materials (e.g. books or musical recordings), with the two following 
exceptions: You may either (a) make copies of the SOFTWARE solely for backup or 
archival purposes, or (b) transfer the SOFTWARE to a single hard disk of each 
computer where the software is installed provided you keep the original solely for 
backup or archival purposes.  You may not copy any written materials accompanying 
the SOFTWARE.

3.  OTHER RESTRICTIONS.  Renting or leasing of the software is not permitted.  You 
may transfer the SOFTWARE and accompanying written materials on a permanent 
basis provided you retain no copies and the recipient agrees to the terms of this 
Agreement.  You may not decompile, reverse engineer, or disassemble the 
SOFTWARE.  If the SOFTWARE is an update or has been updated, any transfer must 
include the most recent update and all prior versions.

LIMITED WARRANTY.  This program is provided "as is" without any warranty of any 
kind, either expressed or implied, including, but not limited to, the implied warranties of 
merchantability and fitness for a particular purpose.  The entire risk as to the quality and 
performance of the SOFTWARE is with you, the licensee.  Should the SOFTWARE 
prove defective, you assume the risk and liability for the entire cost of all necessary 
repair, service, or correction.  Some states/jurisdictions do not allow the exclusion of 
implied warranties, so the above exclusion may not apply to you.  This warranty gives 
you specific legal rights, and you may have other rights, which vary from 
state/jurisdiction to state/jurisdiction.  

Maximum Output Software does not warranty the functions contained in the 
SOFTWARE will meet your requirements, or that the operation of the SOFTWARE will 
be error-free or uninterrupted.  Maximum Output Software does warrant that the disk(s) 
on which the program is furnished shall be free from defects in materials and 
workmanship for a period of ninety (90) days from the date of purchase, so long as 
proof of purchase is provided.

CUSTOMER REMEDIES.  Maximum Output Software's and its suppliers' entire liability 
and your exclusive remedy shall be, at Maximum Output Software's option, either (a) 
return of the price paid, or (b) repair or replacement of the SOFTWARE that does not 
meet Maximum Output Software's Limited Warranty and which is returned to Maximum 
Output Software with proof of purchase.  This Limited Warranty is void if failure of the 
SOFTWARE has resulted from accident, abuse, or misapplication.  Any replacement 
SOFTWARE will be warranted for the remainder of the original warranty period or thirty 
(30) days, whichever is longer.  Neither these remedies nor any product support 
services are available outside the United States without proof of purchase from an 
authorized non-U.S. source.

NO OTHER WARRANTIES.  To the maximum extent permitted by applicable law, 
Maximum Output Software and its suppliers disclaim all other warranties, either express 
or implied, including, but not limited to, implied warranties of merchantability and fitness 
for a particular purpose, with regard to the SOFTWARE, the accompanying written 
materials, and any accompanying hardware.  This limited warranty gives you specific 
legal rights.  You may have others which vary from state/jurisdiction to state/jurisdiction.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES.  To the maximum extent permitted 
by applicable law, in no event shall Maximum Output Software or its suppliers be liable 
for any damages whatsoever (including, without limitation, damages for loss of business 
profits, business interruption, loss of business information, or any other pecuniary loss) 
arising out of the use or inability to use this Maximum Output Software product, even if 
Maximum Output Software has been advised of the possibility of such damages or for 
any claim by any other party.  Because some states/jurisdictions do not allow the 
exclusion or limitation of liability for consequential or incidental damages, the above 
limitation may not apply to you.

U.S. Government Restricted Rights
The SOFTWARE and documentation are subject to export controls under the United 
States Export Administration Act, as amended, which Act prohibits exports of certain 
commodities and technical data, including software, to specified countries.  In particular, 
the SOFTWARE may not be exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, or 
Syria.  You hereby certify that neither the SOFTWARE nor the documentation will be 
transmitted or forwarded outside of your country.  
 
If you acquired this product in the United States, this Agreement is governed by the 
laws of the State of Texas.

