End User License Agreement (EULA)

This End User License Agreement (“Agreement”) is a legally binding contract between you (“End User”, “you”, or “your”) and Exabytes (“Company”, “we”, “us”, or “our”) regarding your use of our software, website, mobile application, and related services (“Application” or “Service”).
By downloading, installing, accessing, or using the Application, you acknowledge that you have read, understood, and agreed to be bound by this Agreement. If you do not agree to these terms, you must not download, install, or use the Application.

 

Definitions and General Terms

For clarity and consistency, the following terms have specific meanings within this Agreement:

• Cookie refers to a small amount of data generated by a website and stored in your web browser.

• Company means Exabytes, the entity responsible for your information and the provision of the Application.

• Country refers to the jurisdiction where Exabytes or its owners are based.

• Service includes all products, features, and functionalities provided by Exabytes, as described in the applicable terms or on this platform.

• Third-Party Service means advertisers, marketing partners, sponsors, and any other external parties whose content or services are integrated with ours.

• You refers to the individual or organization that registers with Exabytes to use the Service. If you are acting on behalf of an employer or another entity (“Organization”), then these terms apply to both you personally and the Organization you represent.

 

Grant of License and Usage Rights

Subject to your compliance with this Agreement, Exabytes grants you a limited, non-exclusive, revocable, and non-transferable license to install and use one copy of the Application on a single computing device per purchased license.
You may also install and use a trial version of the software for up to fifteen (15) days before purchasing a full license. During the license term, you are entitled to receive available software updates, security patches, and new features released by Exabytes.
This license is for your personal or organizational use only. The Application is licensed, not sold, and all rights not expressly granted to you remain with Exabytes.

 

Restrictions on Use

You agree not to:

• License, sell, rent, lease, assign, distribute, or otherwise make the Application available to third parties;

• Modify, translate, reverse engineer, decompile, disassemble, or create derivative works from the Application or any portion thereof;

• Remove, alter, or obscure any proprietary notices, trademarks, or copyright information of Exabytes or its licensors.

Any unauthorized use of the Application constitutes a material breach of this Agreement and may result in immediate termination of your license.

 

Intellectual Property and Ownership

All copyrights, trademarks, patents, trade secrets, and other intellectual property rights in and to the Application remain the exclusive property of Exabytes and its licensors.
This Agreement does not convey to you any ownership rights but only a limited license to use the Application under its terms.
You or your Organization retain ownership of intellectual property rights in the content or materials you create through or with the Application.

Any ideas, feedback, or suggestions you voluntarily provide to Exabytes become the sole property of Exabytes, and the Company may freely use, modify, or distribute such feedback without obligation or compensation to you.

 

Updates, Modifications, and Third-Party Services

Exabytes reserves the right to modify, suspend, or discontinue the Application, its features, or its operation at any time without prior notice. Updates or new versions may change, improve, or remove certain functionalities.
The Application may contain links or integrations to third-party websites or services that are not controlled by Exabytes. The Company assumes no responsibility for any third-party content, advertisements, or services, and your use of such services is governed by the third party’s terms and privacy policies.

 

Term, Termination, and Effect of Termination

This Agreement remains effective from the date of your first installation or use of the Application and continues until terminated by either party.
You may terminate this Agreement at any time by uninstalling and deleting all copies of the Application.
Exabytes may terminate this Agreement immediately if you fail to comply with any of its terms or misuse the Service. Upon termination, all licenses granted to you shall automatically cease, and you must promptly delete the Application and any copies in your possession.

 

Disclaimers, Liability, and Indemnification

The Application and all accompanying materials are provided “AS IS” and “AS AVAILABLE” without any warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.
Exabytes makes no guarantees regarding availability, reliability, or performance of the Application.
To the maximum extent permitted by law, Exabytes’ total liability for any claim arising out of or related to this Agreement shall not exceed the amount you actually paid for the license. Exabytes shall not be liable for any indirect, incidental, special, or consequential damages.

You agree to indemnify and hold harmless Exabytes, its affiliates, officers, and partners from any claims, damages, or losses resulting from your use of the Application or violation of this Agreement.

 

General Provisions

If any part of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full effect.
Failure by Exabytes to enforce any right or provision shall not constitute a waiver of such right.
Exabytes may update or amend this Agreement at its sole discretion, and your continued use of the Application after such changes constitutes acceptance of the revised terms.

This Agreement shall be governed by and construed in accordance with the laws of the United States (or another jurisdiction as determined by Exabytes).
This document constitutes the entire agreement between you and Exabytes regarding the Application and supersedes all prior communications or understandings.

If you have questions or concerns about this Agreement, please contact Exabytes through the official channels provided on our website.