LIMITATION OF IMPLIED WARRANTY OR CONDITION If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (THIRY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE THIRY (30) DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you.
APPLICATION TO ENTIRE PROMOTION, DOWNLOAD AND PURCHASE PROCESS. By accepting this EULA and continuing with your purchase you agree that the limitations of warranty and liability provided in this EULA shall be held to cover the entire purchase, download and checkout process from first sponsored advertising impression through the acceptance of this EULA. The purchase process shall be defined to include, without limitation, any commercial efforts by Right Backup or its agents to market and promote this product to you as well as the checkout process intended to secure the sale, including the encryption and transmission of your data electronically to Right Backup's or its agents' credit card transaction systems. If you do not agree with the application of these limitations to the entire promotion and purchase process, do not continue the checkout process.
LIMITATION OF CLAIM PERIOD. Any claim of defect or failure, regardless of applicable express or implied warranty, must be made to Right Backup in writing at Right Backup Software , 572 & 573, G-1, Tower B-1 Evolve, IT/ITeS Mahindra World City, Village Kalwara, Taluka Sanganer, Jaipur- 302037, INDIA within thirty (30) days of purchase. You agree that a failure to notify Right Backup of any such claim within this thirty (30) day claim period completely releases Right Backup of any responsibility, warranty or liability associated with the SOFTWARE PRODUCT regardless of whether this warranty is created by your state/jurisdiction and federal or state/provincial law.
EVALUATION VERSION. For evaluation or limited functionality versions of the SOFTWARE PRODUCT ("TRIALS"), which shall be considered to be any copy of the SOFTWARE PRODUCT where no purchase price is paid prior to obtaining the software, you agree that your sole recourse to Right Backup and to the party from which you obtained the free version for any defect or failure in the SOFTWARE PRODUCT is to remove the SOFTWARE PRODUCT from your computer at your own expense.
CUSTOMER REMEDIES. Right Backup's and its suppliers' entire liability and your exclusive remedy shall be, at Right Backup's option, either (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet Right Backup's Limited Warranty and which is returned to Right Backup with a copy of your receipt (or sufficient identifying information to be able to retrieve your purchase information in lieu thereof, at Right Backup's sole discretion). This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States , neither these remedies nor any product support services offered by Right Backup are available without proof of purchase from an authorized international source.
LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall Right Backup or its agents, officers or suppliers be liable for any special, incidental, indirect, or consequential 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 of or inability to use the SOFTWARE PRODUCT or the advertising of the SOFTWARE PRODUCT or the provision of or failure to provide Support Services, even if Right Backup has been advised of the possibility of such damages. In any case, Right Backup's entire liability under any provision of this EULA or any responsibility or liability created by the laws of your state/jurisdiction shall be limited to the amount actually paid by you for the SOFTWARE PRODUCT. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.
NOT FOR MISSION CRITICAL USE. You warrant that you understand and agree that the software is not designed, intended or licensed for use in hazardous environments requiring fail-safe controls, including without limitation, the design, construction, maintenance or operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, life support or weapons systems, or any environment where a software or computer defect or failure could result is injury to persons or physical damage. Right Backup specifically disclaims any express or implied warranty of fitness for such purposes.
BACKUP RESPONSIBILITY. The SOFTWARE PRODUCT is a system utility, and as such can make irreversible changes to the state of computer on which it is run and that Right Backup cannot accurately predict or ensure the outcome in all possible scenarios, and therefore purchaser agrees to make and test a complete system backup and backup of all personal information before operating the SOFTWARE PRODUCT. You agree that you accept all responsibility for reversing or correcting any changes made by the SOFTWARE PRODUCT.
NO PERFORMANCE WARRANTY. Right Backup specifically disclaims any warranty for the amount of performance increase or utility provided by the SOFTWARE PRODUCT. By purchasing this software and accepting this EULA you specifically agree that you understand that no representation or warranty is made by Right Backup that the SOFTWARE PRODUCT will necessarily increase performance or provide a utility benefit on your computer, and that no claim of specific deficiency, defect, or underperformance has been made with respect to your computer. Any claims of performance increases or utility made for the software are those of possible or potential improvement or utility, and no warranty is offered that a specific utility or amount of performance increase, if any, will be realized on any particular computer. Each computer is different and the scenarios under which they are used are different, and no claim is made that any one computer or usage scenario shall see a performance increase or utility benefit from the SOFTWARE PRODUCT. Your sole remedy for any dissatisfaction with the presence of or the degree or amount of performance improvement or utility shall be limited to the customer remedies described above.
NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, Right Backup and its suppliers disclaim all other warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the SOFTWARE PRODUCT, and the provision of or failure to provide Support Services. THE LIMITED WARRANTY THAT APPEARS ABOVE IS THE ONLY EXPRESS WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER EXPRESS WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING, OR LICENSE AGREMENTS THAT MAY ACCOMPANY THE PRODUCT ITSELF. EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM.
EXTENT PERMITTED BY APPLICABLE LAW, Right Backup AND ITS AGENTS, OFFICERS, AND SUPPLIERS PROVIDE THE SOFTWARE AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OR RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES AND OF LACK OF NEGLIGENCE, OF FAILURE TO PREVENT VIRUSES OR TROJANS, OF FAILURE TO PREVENT UNAUTHORIZED ACCESS OR USE ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. ALSO, HERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE. This limited warranty gives you specific legal rights. You may have others, which vary from state/jurisdiction to state/jurisdiction.