Software End User License Agreement (EULA)

This is a legal agreement between you, the end user, and FileStream, Inc. (FileStream). By using this software, you are agreeing to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, do not download the software. Immediatly contact FileStream Sales to request a return.

End User License Agreement (EULA)

  1. GRANT OF LICENSE. FileStream grants to you the right to use one copy of the accompanying software program, (the "SOFTWARE") on a single terminal connected to a single computer as a Desktop application. This software is licensed on a per copy per device basis. The software license is permanently assigned to the device with which you acquired the software. That device is the "licensed device." A hardware partition is considered to be a separate device. You may install one copy of the software on the licensed device. You may use the software on up to two processors on that device at one time. You may not use the software on any other device. You need a separate license for each device. This is NOT a concurrent license. Only one user may use the software at a time. You may not network the SOFTWARE or otherwise use it on more than one computer terminal at the same time. This is also NOT a server license for use as a hosted server application.

  2. COPYRIGHT. The SOFTWARE is owned by FileStream, and is protected by copyright law and international treaties. Unauthorized reproduction or distribution of this program and documentation, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.

  3. OTHER RESTRICTIONS. You may not sell, rent or lease the SOFTWARE; also you may not reverse engineer, decompile, or dissemble the SOFTWARE, or develop competing or derivative programs of the SOFTWARE.

  4. NO LIABILITY FOR CONSEQUENTIAL DAMAGES: The SOFTWARE is provided by FileStream "as is". In no event shall FileStream 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 other pecuniary loss) arising out of the installation, de-installation, use or inability to use this FileStream product, even if FileStream has been advised of the possibility of such damages.

  5. LIMITED WARRANTY: FileStream warrants that the SOFTWARE and the accompanying written materials to be free from defects in materials and workmanship for a period of 30 days from the date of purchase. Any implied warranties on the SOFTWARE are limited to 30 days. Some states do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.

    FileStream will replace any defective diskette or documentation returned to FileStream during such warranty period. Replacement is the exclusive remedy for any such defect. FileStream shall not refund any purchase, nor shall it have any liability for any damages.

  6. NO OTHER WARRANTIES: FileStream disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the SOFTWARE and the accompanying written materials. This limited warranty gives you specific legal rights. You may have others, which vary from state to state.

  7. GOVERNING LAW: This Agreement is governed by the laws of the State of New York, U.S.A. If you have any questions in regard to this Agreement, or wish to reach FileStream, Inc. for any reason, please write: FileStream, Inc. Attn: Software Licensing, PO Box 93, Glen Head, NY 11545-0093 U.S.A.

FileStream Online Backup - Terms of Use

This is a legal agreement between you, the subscriber, and FileStream, Inc. ("FileStream"). By using this service, you are agreeing to be bound by the terms of this agreement, together with any usage rules, policies, pricing schedules, or any other documents referenced and published from time to time by FileStream at its website, (collectively, the "Agreement"), which constitutes the entire agreement between FileStream and you regarding FileStream service, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement. If you do not agree to the terms of this agreement, please stop using this service immediately.

FileStream may change this Agreement at any time at its sole discretion and publish it at its website as the only notice. Each time you use FileStream service, you reaffirm your acceptance of the then-current Agreement. If you do not wish to be bound by the Agreement, you must discontinue using the service immediately. Your only remedy is to discontinue using the FileStream service and cancel your subscription.

Terms of Use

  1. GRANT OF LICENSE. FileStream, Inc. (FileStream) and its vendors grant to you the personal, non-exclusive, and non-transferable right to use one copy of the accompanying software program to access its online backup service (collectively as the "PRODUCT") on a single terminal connected to a single computer (i.e., with a single motherboard) as a Desktop application for lawful use only. You need a separate license for each computer (motherboard). This is NOT a concurrent license. You may not network the SOFTWARE or otherwise use it on more than one computer terminal at the same time. This is also NOT a server license for use as a hosted server application. You are licensed to only use the software to access said service. FILESTREAM RESERVES THE RIGHT TO TERMINATE THE SERVICE TO YOU AT ANY TIME WITHOUT CAUSE SOLELY AT ITS DISCRETION.

  2. COPYRIGHT. The PRODUCT is owned by FileStream, and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the PRODUCT like any other copyrighted material (such as a book or musical recording).

  3. OTHER RESTRICTIONS. You may not sell, sub-license or charge others directly or indirectly, rent or lease the PRODUCT; also you may not translate, reverse engineer, decompile, or dissemble the PRODUCT, or develop competing or derivative programs and/or service of the PRODUCT. You may not obtain the communications protocol for accessing the FileStream PRODUCT, software and service, or any interaction between the two.

  4. COMMUNICATIONS. You are responsible for obtaining and maintaining your own Internet access needed for access to and use of the FileStream PRODUCT, and all related charges. Any cost incurred by you to access FileStream PRODUCT is your responsibility.

  5. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. The PRODUCT is provided by FileStream "as is". In no event shall FileStream or its vendors be liable for any damages whatsoever (including, without limitation, damages for loss of personal data, business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the installation, uninstall, use or inability to use, interruption of service, or total loss of service of this FileStream product, even if FileStream has been advised of the possibility of such damages.

  6. FORCE MAJEURE. FileStream shall not be liable in damages and have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.

  7. LIMITED WARRANTY: FileStream warrants that the PRODUCT and the accompanying written materials to be free from defects in materials and workmanship for a period of 30 days from the date of purchase. Any implied warranties on the PRODUCT are limited to 30 days. Some states do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.

    FileStream will replace any defective media or documentation returned to FileStream during such warranty period. Replacement is the exclusive remedy for any such defect. FileStream shall not refund any purchase, nor shall it have any liability for any damages.

  8. NO OTHER WARRANTIES: FileStream disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the PRODUCT and the accompanying written materials. This limited warranty gives you specific legal rights. You may have others, which vary from state to state.

  9. TERMINATION DUE TO NON-PAYMENT: If your financial institution does not honor your payment and it is not cured within TEN (10) days, FileStream will cancel your account and delete all contents from the FileStream Online Backup server.

  10. GOVERNING LAW: This Agreement is governed by the laws of the State of New York, U.S.A. If you have any questions in regard to this Agreement, or if you wish to reach FileStream for any reason, please write to: FileStream, Inc., Attn: Licensing, PO Box 93. Glen Head, NY 11545-0093 U.S.A.