End User License Agreement
Software licensing terms, usage rights, and limitations for Genie9 desktop applications including BigMind Desktop, Timeline, and Backup Manager products.
Agreement
This End User License Agreement, including the Privacy Policy, Terms of Service, and Frequently Asked Questions (FAQs), which are incorporated herein by reference (collectively, the "Terms"), are a binding contract between you and Genie9 Ltd. ("Genie9").
By installing, accessing, or using the software, products, services, applications and associated documentation (collectively, the "Genie9 Products"), you will be bound by these Terms. If you do not agree, you may not use the Genie9 Products.
Your License
Genie9 Products are licensed and not sold to you. During the term of your subscription, Genie9 grants to you a revocable, limited, non-transferable, non-exclusive license to use Genie9 Products, solely in connection with the backup of your data.
License Types
- Evaluation Version: 30-day trial period for testing
- Registered Version: Full version after payment
- Site License: Multiple users at one location
- Lifetime License: Perpetual use with conditions
License Restrictions
You may not:
- Copy or distribute Genie9 Products, except for necessary backup use
- Reverse engineer, decompile, disassemble, or modify the software
- Create derivative works based on the Genie9 Products
- Alter or disable any included disabling mechanisms
- Sublicense, rent, lease, or transfer the software to third parties
- Remove any proprietary notices or labels
How Backup Works
Genie9 Products save a copy of each file that is automatically selected for backup and other files you designate (your "Backed-up Data") to secure cloud servers.
Important Notes:
- • Automatic scanning for changes and additions
- • Periodic re-saving of modified files
- • Not all files are automatically backed up
- • Check Genie9 console for backup status
Warning: Your data may not be available if backup hasn't completed, you delete files/users, move files to unscanned locations, lose internet connection, or terminate your subscription.
Term and Termination
Your license commences when you install, access, or use Genie9 Products. The license will automatically terminate upon:
- Non-renewal, cancellation, or expiration of your subscription
- Failure to pay invoices when due
- Genie9 discontinuance of the Products
- Failure to comply with these Terms
Data Deletion: Upon termination, you will lose access to your backed-up data. Genie9 automatically deletes all data upon termination. It is your responsibility to maintain alternative backups.
Disclaimer of Warranties
THE GENIE9 PRODUCTS ARE PROVIDED "AS IS," "WHERE IS," "AS AVAILABLE," "WITH ALL FAULTS" AND WITHOUT WARRANTY OF ANY KIND.
GENIE9 DISCLAIMS ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE.
Genie9 does not warrant that the Products will meet your requirements, be uninterrupted or error-free, or that defects will be corrected.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GENIE9 SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING:
- • Lost profits or business interruption
- • Loss of data or backed-up data
- • Cost of substitute services
- • Personal injury
Maximum Liability: Limited to fees paid in the 30 days prior to the incident. For free products, liability is limited to $1 USD.
Governing Law
These Terms shall be governed by the laws of the United Kingdom without reference to conflicts of law principles. Disputes shall be resolved through arbitration in London, UK.
Third Party Software Credits
Genie9 products include the following third-party components:
- • xDelta: http://code.google.com/p/xdelta/
- • AlphaVSS: Copyright (c) 2008-2011 Peter Palotas (MIT License)
This EULA applies to all Genie9 desktop software products