Terms of Service
BETSOL Terms of Service and Software End User Agreement
IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING THE SOFTWARE (AS DEFINED BELOW). BETSOL, LLC, IS WILLING TO LICENSE THE SOFTWARE TO YOU AS THE INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE UTILIZING THE SOFTWARE (REFERENCED BELOW AS “YOU” OR “YOUR”) ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND BETSOL. BY DOWNLOADING AND INSTALLING THE SOFTWARE, CLICKING THE “I AGREE” OR “YES” BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND THE DATE YOU AGREE TO THE TERMS AND CONDITIONS IS THE “EFFECTIVE DATE.” IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK THE “CANCEL” OR “NO” OR “CLOSE WINDOW” BUTTON OR OTHERWISE INDICATE REFUSAL, MAKE NO FURTHER USE OF THE SOFTWARE, AND CONTACT BETSOL CUSTOMER SERVICE, USING THE CONTACT DETAILS IN SECTION 12 OF THIS AGREEMENT, FOR INFORMATION ON HOW TO OBTAIN A REFUND OF THE MONEY YOU PAID FOR THE SOFTWARE (LESS SHIPPING, HANDLING, AND ANY APPLICABLE TAXES EXCEPT IN CERTAIN STATES AND COUNTRIES WHERE SHIPPING, HANDLING, AND TAXES ARE REFUNDABLE).
The Rebit software (including all its accompanying features and services) and software documentation (including any product packaging) (the “Documentation”), that accompanies this Agreement (collectively the “Software”) is the property of BETSOL[BETSOL, LLC]. (“BETSOL”) or its licensors and is protected by copyright law. BETSOL is willing to grant You a limited, personal, non-exclusive, non-transferable license to use the Software, subject to Your acceptance and agreement to be bound by the terms of this Agreement.
1. License Grant and Restrictions.
1.1 General. The Software is licensed, not sold, under the terms of this Agreement and BETSOL reserves all other rights in the Software not expressly granted to You. BETSOL and its licensors own the Software itself and all intellectual property in the Software.
1.2 Software Feature and Content Updates. You shall have the right to receive new features to the Software as BETSOL, in its sole discretion, makes such features available with the Software. BETSOL may, at its discretion and without notice, add, modify or remove features from the Software at any time. The terms of this Agreement will govern any software upgrades, updates, or bug fixes provided by BETSOL that replace or supplement the Software, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
1.3 Rebit Account. A current Rebit Account (“Rebit Account”) is required to activate Your Software and to access and use the Online Backup Feature. If you do not have a Rebit Account, You must complete the applicable registration process to create a Rebit Account. You are entirely responsible for maintaining the confidentiality of Your Rebit Account password.
1.4 Single Use License. If you purchased a single use license, then subject to the terms and conditions of this Agreement, BETSOL grants to You a personal, limited, non-exclusive, non-transferable license to install, use and run one copy of the Software on no more than one computer, workstation, laptop, or other device (“Workstation”), solely in executable form and solely to create back-ups of hard drives directly connected to the Workstation. A single use license for the Software may not be shared or used concurrently on a different Workstation.
1.5 Replacement Workstations. The license rights granted under this Agreement are limited to the Workstation(s) upon which You first install the Software. In the event that You replace or upgrade Your Workstation, You may transfer the Software to the replacement Workstation. After such a transfer, You must completely remove the Software from the Workstation being replaced. If You wish to expand the number of installations of the Software You may purchase additional licenses from BETSOL. Any additional licenses will be subject to the terms of this Agreement.
1.6 Restrictions. Except as expressly permitted under this Agreement, You will not, and will not allow any third party to: (a) copy the Software or the Documentation accompanying the Software (except for one copy for backup and disaster recovery purposes or as described in the Documentation); (b) modify, translate, adapt, alter, or create derivative works from the Software; (c) merge the Software with any other software or documentation; (d) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software; (e) distribute, sublicense, rent, lease or loan the Software to any third party; or (f) use the Software for the business needs of another person or entity, including without limitation, providing outsourcing, service bureau, software as a service, commercial hosting, application service provider or on-line services to third parties. You may not remove, alter or obscure any proprietary notice that appears on the Software or on any copies made in accordance with this Agreement.
1.7 There may be technological measures in this Software that are designed to prevent unlicensed or illegal use of the Software. You agree that BETSOL may use these measures to protect BETSOL against software piracy. This Software may contain enforcement technology that limits the ability to install and uninstall the Software on a computer to not more than a finite number of times for a finite number of computers. This Agreement and the Software containing enforcement technology may require activation as further set forth in the Documentation. If so, the Software will only operate for a finite period of time prior to Software activation by You. During activation, You may be required to provide Your unique activation code accompanying the Software and computer configuration in the form of an alphanumeric code over the Internet to verify the authenticity of the Software. If You do not complete the activation within the finite period of time set forth in the Documentation, or as prompted by the Software, the Software will cease to function until activation is complete; at which time the Software functionality will be restored. In the event that You are not able to activate the Software over the Internet, or through any other method specified during the activation process, You may contact BETSOL Customer Support using the information provided by BETSOL during activation, or as set forth below.
1.8 Online Backup Feature and Service Period. The Software includes an online backup feature, which provides the capability to store and retrieve Your files via the Internet during the Service Period (“Online Backup Feature”), subject to the amount of online backup storage space provided with our Software. BETSOL uses a trusted third party service provider to host and store your data and files. If You choose to use the Online Backup Feature, You must complete the activation process within the Software for such feature. In the event that You install a newer version of the Software during Your Service Period, You may be required to reactivate the Online Backup Feature using the original email address You provided during the initial activation process. The “Service Period” shall begin on the date of Your initial activation of the Software and will last 12 months, unless another time period is specified during your order process, and may be renewed by You by paying additional renewal fees.
1.9 Online Backup Feature and Service Period. Communication Connections; Online Backup Feature Availability. You are solely responsible for acquiring and maintaining the Internet or telecommunications services and devices required to access and/or use the Online Backup Feature. You acknowledge that the performance of the Online Backup Feature is dependent upon the data transfer speeds of Your network and connections to the Internet as well as the performance of Your computer hardware. The Online Backup Feature is provided “as is” and “as available” and BETSOL shall not be liable for any downtime of the Online Backup Feature due to reasonable scheduled maintenance, maintenance for critical issues or forces beyond the reasonable control of BETSOL.
1.10 User Conduct and Responsibility; Compliance with Applicable Laws. Use of the Online Backup Feature (including the transmission of any data You choose to store through the Online Backup Feature (“Data”)) is subject to all applicable local, state, national and international laws and regulations, including but not limited to the United States export laws. You agree to comply with such applicable laws and regulations and with the specifications described in the Documentation or the applicable transaction documentation from the authorized reseller from which You obtained the Software and not to (a) use the Online Backup Feature for illegal purposes, (b) transmit or store material that may infringe the intellectual property rights or other rights of third parties or that is illegal, tortious, defamatory, libellous, or invasive of another’s privacy; (c) transmit or store data belonging to another party without first obtaining all consents required by law from the data owner for transmission of the data to BETSOL for storage within the United States; (d) transmit any material that contains software viruses or other harmful computer code, files or programs such as Trojan horses, worms or time bombs; (e) interfere with or disrupt servers or networks connected to the Online Backup Feature; or (f) attempt to gain unauthorized access to the Online Backup Feature, the accounts of other Online Backup Feature users, or computer systems or networks connected to the Online Backup Feature.
1.10.1 The foregoing obligations regarding use of the Online Backup Feature apply to all use of the Online Backup Feature in connection with Your BETSOL Account. You are solely responsible for the use of the Online Backup Feature, and the Data transmitted or stored through the Online Backup Feature in connection with Your Account.
1.11 Indemnification. To the maximum amount permissible under applicable law, You shall indemnify and hold BETSOL, its parents, subsidiaries, affiliates, officers, directors, employees and agents harmless from and against any third party claims, demands, costs, damages, losses, liabilities and expenses, including reasonable attorneys’ fees, made by any third party arising out of or in connection with Your use of the Online Backup Feature, including but not limited to liability arising out of or in connection with the Data transmitted or stored through the Online Backup Feature in connection with Your BETSOL Account.
1.12 Termination; Suspension. Your right to use the Online Backup Feature shall terminate upon expiration of the Service Period. In addition, BETSOL may, at its sole discretion, immediately suspend or terminate use of the Online Backup Feature during the Service Period for Your failure to or BETSOL’s reasonable belief that You have failed to comply with these terms and conditions or any other misuse of the Online Backup Feature. Following the expiration or termination of the Service Period: (i) Data stored to the online backup space provided with Your Software may be purged; (ii) BETSOL shall not be obligated to maintain such Data, forward such Data to You or a third party, or migrate such Data to another backup service or account; and (iii) You will not be able to store Data to any additional backup space that you may have purchased separately unless and until the Service Period is renewed.
1.13 Miscellaneous. BETSOL has no obligation to monitor use of the Online Backup Feature and/or Data transmitted or stored through the Online Backup Feature. To the maximum extent permissible under applicable law and notwithstanding the provisions of the third paragraph of section 6 below, BETSOL reserves the right at all times to monitor, review, retain and/or disclose any Data or other information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to investigate any use or suspected breach of this Agreement.
2. Your Right to Copy Materials. The Software may be used to copy materials located on Your Workstation for backup purposes. You, not BETSOL, are responsible for determining whether you have the right to copy such materials and Your license to use the Software does not extend to copying copyrighted materials which you are not permitted to copy.
3. System Requirements.
3.1 Direct-Attached Backup Devices. The minimum system requirements for the Software are: Windows 7 (or newer) using an NTFS file system, a CD-ROM drive, 200MB available hard disk space, a BETSOL Drive or an external USB hard drive, and a USB port. You acknowledge that the performance of the Software may be affected by the performance of Your Workstation, and that use of a USB 2.0 or USB 3.0 port is strongly recommended. You are solely responsible for ensuring that Your Workstation meets the minimum system requirements listed above, and You further acknowledge that failure to use a USB 2.0 or better connection may result in a low data transfer rate by the Software.
3.2 Network-Attached Backup Devices. The minimum system requirements for the Software are: Windows 7 (or newer) using an NTFS file system, a CD-ROM drive, 200MB available hard disk space, an Ethernet network port, an external hard drive with Ethernet network port that provides Windows shares visible on the network. You acknowledge that the performance of the Software may be affected by the performance of the network and the network attached storage device. You are solely responsible for ensuring that Your Workstation, backup device, and network meet the minimum system requirements listed above.
4. Term and Termination. This Agreement begins on the Effective Date and continues until terminated as set forth in this Agreement. This Agreement will automatically terminate if You breach a material term of this Agreement. Upon termination of this Agreement, You agree to immediately cease all use of the Software, destroy all copies of the Software, and, upon the request of BETSOL, certify in writing Your compliance with the terms and conditions of this Section 4. Sections 1.12, 4, 5, 6, 7, 8 and 10 of this Agreement shall survive termination of this Agreement.
5. Technical Support. In connection with Your use of the Software You may choose to access assistance from a Technical Support agent via remote computer access. Any such Technical Support shall be provided in BETSOL’s sole discretion without any guarantee or warranty of any kind. It is solely Your responsibility to complete a backup of all Your existing data, software and programs before receiving any Technical Support. In the course of providing the Technical Support, BETSOL may determine that the technical issue is beyond the scope of the Technical Support. BETSOL reserves the right to refuse, suspend or terminate any of the Technical Support in its sole discretion.
6. Privacy; Data Protection: From time to time, the Software may collect certain information from the computer on which it is installed, which may include:
- The name given to the computer during the initial setup of the operating system. If collected, the name will be used by BETSOL as an account name for the computer under which You may use the certain features of the Software. You may change the account name at any time after installation of the Software (recommended).
- Status information regarding installation and operation of the Software. This information indicates to BETSOL whether installation of the Software was successfully completed as well as whether the Software has encountered an error. The status information could contain personally identifiable information only if such information is included in the name of the file or folder encountered by the Software at the time of installation or error. The status information is collected by BETSOL for the purpose of evaluating the improving BETSOL’s product performance and installation success rate.
- Information contained in a report that You may choose to send to BETSOL through the Software when the Software encounters a problem. The report includes information regarding the status of both the Software and Your computer at the time that the Software encountered the problem. The status information about Your computer may include the system language, country locale, and the operating system version for Your computer, as well as the process running, their status and performance information, The information will be sent to BETSOL only with Your permission, and will not be sent automatically. The information is collected by BETSOL for the purpose of assisting technical support in troubleshooting and correcting the encountered problem and improving BETSOL’s product performance.
- The Internet Protocol (IP) address and/or Media Access Control (MAC) address and the Machine ID of the computer on which the Software is installed to enable the Software to function and for license administration purposes.
- Other general, statistical information used for product analysis, and for improving product functionality.
Unless it is expressly defined as optional, the collected information as set out above is necessary for the purpose of functionality of BETSOL’s products. Information may be transferred to BETSOL in the United States or other countries that may have less protective data protection laws than the region in which You are situated (including the European Union) and may be accessible by BETSOL employees or contractors exclusively to be used in the accordance with the purposes described above. For the same purposes the information may be shared with partners and vendors that process information on behalf of BETSOL. BETSOL has taken steps so the collected information, if transferred, receives an adequate level of protection. Subject to applicable laws, BETSOL reserves the right to cooperate with any legal process and any law enforcement or other government inquiry related to your use of this Software. By using the Software, you acknowledge and agree that BETSOL may collect, transmit, store, disclose and analyze such information for these purposes. In addition, any Data that you transmit or store through the Online Backup Feature will be transferred to and stored in servers located in countries that may have less protective data protection laws than the country in which You are located (including without limitation the United States). These servers are owned and maintained by a third party processor. If you have any questions about how your Data is being handled, please contact BETSOL Customer Service using the contact details in Section 12.
7. Warranty and Disclaimer.
7.1 Warranty. BETSOL warrants that the Software will perform substantially in accordance with the Documentation for a 90-day period from the Effective Date. Your sole and exclusive remedy for any non-conformance with this warranty is for BETSOL to repair or replace the Software. Any error correction provided to You will not extend the period of the warranty. BETSOL will have no obligation under this Section 7.1 or otherwise with respect to any alleged breach of this Agreement based on or resulting from: (a) any unauthorized use, reproduction, or distribution of the Software by You; (b) any use of the Software in combination with other products, equipment, software, business methods, or data not supplied by BETSOL; (c) any errors or defects caused by third party hardware or software; or (d) any accident, abuse, misapplication, misuse, abnormal use, or third-party virus.
7.2 Disclaimer of Warranty. BETSOL DOES NOT WARRANT THAT: (A) THE OPERATION OF THE SOFTWARE OR ONLINE BACKUP FEATURES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT FUNCTIONS CONTAINED IN THE SOFTWARE WILL OPERATE IN COMBINATIONS OF SOFTWARE OR HARDWARE THAT MAY BE SELECTED FOR USE BY YOU; (B) THE SOFTWARE OR ONLINE BACKUP FEATURES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR (C) ANY RESULTS, OUTPUT, OR DATA PROVIDED THROUGH OR GENERATED BY THE SOFTWARE WILL BE ACCURATE, UP-TO-DATE, COMPLETE OR RELIABLE. EXCEPT AS EXPRESSLY STATED IN SECTION 7.1, TO THE MAXIMUM EXTENT PERMITTED BY LAW, BETSOL SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, ARISING BY LAW OR OTHERWISE, RELATING TO THIS AGREEMENT AND THE SOFTWARE, ONLINE BACKUP FEATURES, AND ANY OTHER SERVICES PROVIDED TO YOU, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
8. Limitation of Liability. THE LIABILITY OF BETSOL UNDER THIS AGREEMENT, REGARDLESS OF THE BASIS OF LIABILITY OR THE FORM OF ACTION, WILL NOT EXCEED THE FEES PAID TO BETSOL FOR THE SOFTWARE CAUSING THE LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BETSOL SHALL HAVE NO LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE, AND REGARDLESS OF WHETHER BETSOL HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES, INCLUDING WITHOUT LIMITATION, THE USE OR INABILITY TO USE THE SOFTWARE OR ONLINE BACKUP FEATURES, OR ANY RESULTS OBTAINED FROM OR THROUGH THE SOFTWARE OR ONLINE BACKUP FEATURES. BETSOL SHALL NOT BE LIABLE FOR DATA LOSS, DATA CORRUPTION, OR ANY NETWORK-RELATED PROBLEMS ATTRIBUTABLE TO THE SOFTWARE OR ONLINE BACKUP FEATURES. THESE LIMITATIONS WILL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
9. Consent to Use Data. . In an effort to monitor and improve the performance of the Software BETSOL will have the right to extract, compile, synthesize, and analyse anonymous, non-personal information about the configuration of the Workstation being backed up by the Software and the performance of the Software with the Workstation (“Performance Data”). To the extent that any Performance Data is collected by BETSOL, the Performance Data will be solely owned by BETSOL and may be used by BETSOL for any lawful business purpose in an aggregated form without specifically identifying the source of the Performance Data.
10. Transfer and Assignment. You may not assign, delegate or otherwise transfer the Software, this Agreement or any of Your rights or obligations under this Agreement without the prior written consent of BETSOL, and then only if (a) You transfer all Software and do not retain a copy and (b) the transferee reads and agrees to be bound by this Agreement. This restriction on transfer and assignment applies to Software that is bundled with an external hard drive or other backup device. Assignment of this Agreement will not release You from any prior outstanding obligation under this Agreement or allow You or Your assignee to expand the number of installations of the Software authorized under this Agreement. This Agreement is freely assignable by BETSOL and will inure to the benefit of BETSOL’s successors and assigns. Any transfer or assignment in violation of this Section 8 is null and void.
11. United States Government Restricted Rights. The Software is comprised of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to any U.S. Government customers: (a) only as Commercial Items; and (b) with only those rights as are granted to all other customers pursuant to the terms of this Agreement.
12. Additional Terms. If any provision of this Agreement is found to be unenforceable, such term will be considered severable from the remaining terms, which will continue to be valid and enforceable. You may not export, ship, transmit, or re-export the Software in violation of any applicable law or regulation, including without limitation, the Export Administration Regulations issued by the United States Department of Commerce. Any amendments or modifications of this Agreement will be binding upon the parties only if made in writing and signed by authorized representatives of both parties. Under no circumstances will the pre-printed terms of any purchase order apply to this Agreement. No failure or delay on the part of either of the parties in exercising any right will operate as a waiver, nor will any single or partial exercise by the either of the parties of any right preclude any other or further exercise thereof or the exercise of any other right. All notices, consents and approvals under this Agreement must be delivered in writing by personal delivery, electronic facsimile or certified mail, postage pre-paid, to the other party via its registered agent or at such other address as may be later designated by such party. This Agreement will be governed by the laws of the State of Colorado without regard to conflicts of law principles. All disputes arising under this Agreement must be brought in the state and federal courts located in Denver, Colorado, as permitted by law and each party irrevocably hereby consents to the jurisdiction and venue of such courts in any such action or proceeding. No agency, partnership, or joint venture is created by this Agreement. The parties are and remain at all times independent contractors and not agents or employees of the other party. Should You have any questions concerning this Agreement, or if You desire to contact BETSOL for any reason, please write to BETSOL Customer Service, 10901 W 120th Ave, Suite 235, Broomfield CO 80021 or visit the Support page at www.rebitgo.com. You can also email [email protected] or call the toll free number 1-800-281-5609
Date: September 25, 2017