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Datto Product License

DEFINITIONS

Capitalised terms used in this License shall have their meanings specified in this Section.

  1. “BCDR Device” means any Datto hardware device to be used with the Datto Software and which you acquire separately from Evolve.
  2. “Datto” means Datto Europe Limited.
  3. “Datto Software” means all intangible information in object code form constituting one or more computer or apparatus programs and the informational content of such programs, together with any Specifications supplied in conjunction with and supplementing such programs.
  4. “Evolve” means Evolve Computers Limited.
  5. “Intellectual Property Rights” means all intellectual property rights, however arising and in whatever media, whether or not registered, including patents, copyrights, trademarks, service marks, trade names, design rights, database rights, domain names, trade secrets and any applications for the protection or registration of such rights and all renewals and extensions thereof throughout the world.
  6. “Personal Data” shall be construed in accordance with the Data Protection Act of 1998.
  7. “Product” meansany BCDR Device and all Datto Software.
  8. “Service” means the services and products supplied by Evolve.
  9. “StorageCraft Software” means the software licensed by Datto from StorageCraft Technology Corporation, Draper, Utah (“StorageCraft”).
  10. “StorageCraft Solution” means StorageCraft Software sold or distributed together with the Product.

LICENSE

  1. Datto grants you a revocable, non-sublicenseable, non-exclusive license to use the Product; within your organisation solely for your internal business purposes.
  2. The Datto Software is licensed to you, not sold.
  3. Except for the limited license granted, Datto and its licensors retain all right, title and interest in and to the Datto Software, all copies thereof, and all Intellectual Property Rights in the Datto Software.
  4. Except for the license granted herein, all rights in and to the Datto Software are reserved, and no implied licenses are granted by Datto. The Datto Software may contain third party components. Each third party component may contain or be comprised of open source software code.
  5. All third party components are provided on an “AS IS” basis, to the maximum extent permitted by law, without warranty of any kind.
  6. Datto will not be liable to you nor indemnify you for any claims related to the third party components
  7. Datto will not be liable to you for damages of any kind, including for any direct, indirect, incidental, special, exemplary, punitive, or consequential damages with respect to the third party components.
  8. Your sole and exclusive remedy with regard to any defect, claim, or other dispute relating to the third party components is to cease use of such components.
  9. You may not copy or distribute the Datto Software.
  10. You may not, and you may not permit any third party to,
    • reverse engineer, reconstruct, identify, decompile, disassemble, modify, or create works derivative of the Datto Software
    • alter or modify any disabling mechanism which may be resident in the Product
    • use or access the Product to
      • build a product using similar ideas, features, functions, or graphics of the Product,
      • extract portions of the Datto Software or BCDR Device’s files for use in other applications,
      • remove, obscure, or alter Datto’s or any third party’s trademarks or copyright or other proprietary rights notices
      • assign, sublicense, rent, timeshare, loan, pledge, lease, or otherwise transfer any BCDR Device or Datto software, or directly or indirectly permit any third party to use or copy the Product,
    • to communicate any message or material that is deemed harmful, abusive, harassing, threatening, indecent, obscene, racially, ethnically, or otherwise objectionable, hateful, tortuous, libelous, defamatory, slanderous, or otherwise unlawful,
    • in a manner which infringes any Intellectual Property Rights of any third party,
    • in a manner which violates any applicable laws, rules, or regulations, or in a manner which constitutes or encourages conduct that could be a criminal or civil offense under any applicable law or regulation,
    • use the Product to upload, post, email, distribute, communicate, transmit, or otherwise make available any viruses or similar malicious software that may damage the operation of a computer or the Product,
    • use the Product to send materials to individuals under the age of majority in his or her place of residence (“Minors”), or to harm Minors in any way, or that would subject Datto to any local or international law, rule, or regulation governing children’s privacy or otherwise related to protecting Minors,
    • access and/or use the Product in any manner that could damage, disable, overburden, impair, or otherwise interfere with or disrupt the Product or any networks or security systems.
  11. You shall be solely responsible for ensuring that your use of the Product is in compliance with all applicable foreign, federal, state and local laws, rules and regulations.
  12. You shall be solely responsible for all data, content, files, software, scripts, images, graphics, audio, video, text, music, sound, photographs, or other objects, information, messages, communications or other materials stored or backed-up using the Product (the “Content”).
  13. Although Datto is not responsible for any such Content through the use of the Product, Datto reserves the right to take any action it deems necessary or appropriate in its sole discretion, with respect to any such Content of which Datto may become aware, at any time and without notice to you.
  14. You acknowledge and agree that the Product is comprised of commercially valuable assets of Datto or its licensors, the development or acquisition of which required the investment of substantial time, effort and cost by Datto.
  15. You further acknowledge and agree that the Product contains trade secrets of Datto and that it (and all portions thereof are) Datto’s Confidential Information and are proprietary to Datto. Accordingly, you hereby agree to use the highest degree of care to maintain the confidentiality of the Product.
  16. Modified Product will not be supported by Datto, and all warranties and refund rights thereto shall be void, if it has been modified in any way,
  17. Datto shall have no obligation to protect, maintain, or troubleshoot any server or workstation, or any Product used in conjunction with any server or workstation, with any Microsoft OS that is not supported by Microsoft itself.
  18. You shall immediately notify Datto of any unauthorised use, copying, or disclosure of the Product, or any portion thereof, of which you become aware and agree to immediately take such actions as are necessary to end and prevent any such use, copying, or disclosure.
  19. Each party acknowledges and agrees that your breach of any provision of this Section shall cause immediate and irreparable injury to Datto, and in the event of such breach, Datto shall be entitled to seek and obtain injunctive relief, without bond or other security, and all other remedies available at law and in equity

WARRANTY

  1. Standard Limited Warranty. New BCDR Devices are warranted against defects in materials and workmanship under normal use, handling and installation for a period of three years from the date of manufacture, regardless of the date of actual activation. In order to be eligible for warranty service, a BCDR Device must be enrolled in and current in payments for Service. The warranty does not extend to or include any third party components or software included in the BCDR Device. Datto will at its option and expense (and as the sole remedy for breach of this warranty) either (i) repair the BCDR Device using new or refurbished parts that are equivalent to new in performance and reliability; (ii) replace the BCDR Device with a BCDR Device that is new or formed from new and/or refurbished parts that are equivalent to new in performance and reliability; or (iii) issue a credit for the BCDR Device found by Datto to be defective during the warranty period. All warranty claims must be received by Datto within the warranty period.
  2. Exclusions from Warranty. This warranty does not cover BCDR Devices that have defects or failures resulting from 1) accident, neglect or abuse; 2) improper installation or maintenance; or 3) modifications, repairs, improvements, or any other changes to any software or hardware component of the BCDR Devices that have not been authorised in writing by Datto. You are responsible for any costs incurred by Datto related to the foregoing exclusions.
  3. THIS WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY DATTO AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTIBILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EACH OF WHICH IS HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
  4. Any repaired or replacement BCDR Device will have the same warranty as set forth above for a period equal to the greater of (i) the balance of the existing warranty period for the original BCDR Device; or (ii) sixty (60) days.
  5. Extended Hardware Warranty. A one time warranty extension may be purchased for a BCDR Device. Eligible Products may receive warranty coverage for a time period equal to the original three year Standard Limited Warranty and one (1) extension period of two (2) years (“Extended Warranty”), for a maximum of five years.
  6. An Extended Warranty simply extends the length of the Standard Limited Warranty for two (2) years. All terms, conditions, procedures and limitations of the Standard Limited Warranty continue to apply during the Extended Warranty. A BCDR Device that has been repaired or is a replacement of a BCDR Device during an Extended Warranty will continue to be under warranty for a period equal to the time remaining in the Extended Warranty for the original BCDR Device only. In order to be eligible for warranty service during an Extended Warranty, a BCDR Device must be enrolled in and current in payments for Service.
  7. An Extended Warranty for an eligible BCDR Device may be purchased at any time during the Standard Limited Warranty period on the BCDR Device. The entire non-refundable purchase price for an Extended Warranty must be paid in full at the time of purchase.
  8. An Extended Warranty applies only to the BCDR Device for which it is purchased and may not be transferred apart from the BCDR Device it covers.
  9. Use of the internet. The BCDR Device may be used to access and transfer information over the internet. You acknowledge and agree that Datto does not operate or control the internet and that: (a) viruses, worms, trojan horses, or other undesirable data or software; or (b) unauthorised users (e.g., hackers) may attempt to obtain access to and damage your data, web sites, computers, or networks. Datto shall not be responsible for such activities.

EXCEPT AS OTHERWISE STATED HERE, THE BCDR DEVICE IS PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DATTO AND ITS LICENSORS EXPRESSLY DISCLAIM (AND THE EXPRESS PROVISIONS OF THIS AGREEMENT ARE IN PLACE OF) ALL OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS, TERMS, UNDERTAKINGS, AND OBLIGATIONS WITH RESPECT TO THE BCDR DEVICE, INCLUDING ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, TERMS, UNDERTAKINGS, AND OBLIGATIONS IMPLIED BY STATUTE, COMMON LAW, CUSTOM, TRADE USAGE, COURSE OF DEALING OR OTHERWISE (INCLUDING BUT NOT LIMITED TO IMPLIED UNDERTAKINGS OF SATISFACTORY QUALITY, CONFORMITY WITH DESCRIPTION AND REASONABLE FITNESS FOR PURPOSE). DATTO DOES NOT WARRANT THAT THE BCDR DEVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE BCDR DEVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BCDR DEVICE SHALL CREATE ANY ADDITIONAL BCDR DEVICE WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF BCDR DEVICE’S OBLIGATIONS HEREUNDER.

RETURN POLICY

  1. All new BCDR Devices may be returned at any time within 45 days from the date of shipment.
  2. To initiate a return, email support@evolvecomputers.co.uk or call +44 (0)20 8939 8481  and provide the serial number of your BCDR Device and the appropriate invoice number.
  3. An RMA number and UPS return shipping label will be sent to you via e-mail.
  4. You must return the BCDR Device to Datto within 10 days after the RMA number and shipping label are sent.
  5. To be eligible for a full refund, the BCDR Device must be returned in undamaged, working condition and must include all accessories originally shipped with the BCDR Device.
  6. The BCDR Device must be returned in its original packaging, and if damage occurs while in shipment due to poor packaging, the refund amount may be reduced to cover the damaged BCDR Device.
  7. Once the BCDR Device has been received, the purchase price of the BCDR Device will be refunded, less applicable shipping costs.