Please read carefully.
You will have to accept our EULA during the BucketBacker installation process.
BucketBacker by MultiTask123
End-User License Agreement
This End-User License Agreement (this "Agreement") is a legal contract between you, as either an individual or a single business entity, and MultiTask123, LLC and its affiliates ("MULTITASK123").
READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING BUCKETBACKER BY MULTITASK123, MULTITASK123’S PROPRIETARY SOFTWARE (the "SOFTWARE") OR OBTAINING A LICENSE KEY TO THE SOFTWARE OR USING THE SOFTWARE.
THE SOFTWARE IS COPYRIGHTED AND IT IS LICENSED TO YOU UNDER THIS AGREEMENT, NOT SOLD TO YOU.
BY DOWNLOADING THE SOFTWARE OR OBTAINING A LICENSE KEY TO THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU SHOULD SELECT THE "I DO NOT ACCEPT THE TERMS OF THIS LICENSE AGREEMENT" RADIO BUTTON BELOW, TERMINATE THE DOWNLOAD PROCESS, AND REFRAIN FROM ACCESSING OR USING THE SOFTWARE.
THIS AGREEMENT REPRESENTS THE ENTIRE AGREEMENT BETWEEN YOU AND MULTITASK123 CONCERNING THE SOFTWARE, AND THIS AGREEMENT SUPERSEDES AND REPLACES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING YOU MAY HAVE HAD WITH MULTITASK123 RELATING TO THE SOFTWARE.
Grant of License. "You" means the person or company who is being licensed to use the Software or Documentation. "We," "us" and "our" means MultiTask123, LLC. We hereby grant you a nonexclusive license to use
one copy of the Software on any single computer, provided the Software is in use on only one computer at any time.
The Software is "in use" on a computer when it is loaded into temporary memory (RAM) or installed into the permanent memory of a computer-for example, a hard disk, CD-ROM or other storage device.
Scope of Use.
You may use one copy of the Software activated by a license key on a single computer or server owned, leased, or otherwise controlled by you. If you intend to use the Software on more than one computer or server, you must purchase additional copies and attain additional license keys Software may not be used on or distributed to a greater number of computers than you have license keys.
Amazon AWS Charges.
BucketBacker by MultiTask123 backs up Your Amazon AWS S3 buckets. Amazon AWS charges for data storage, data transfer, etc., may be incurred by use of the Software and are solely Your responsibility.
Copies and Modifications.
You may not reverse engineer, decompile, disassemble, or otherwise translate the Software or any license keys you have obtained. You may not modify or adapt the Software or any license keys that you have obtained in any way. You may make one copy of the Software, the Documentation, and any license keys that you have obtained, solely for backup or archival purposes. The backup or archival copy shall include any copyright or other proprietary notices for MultiTask123 and/or BucketBacker by MultiTask123. Except as authorized in this Section, no copies of the Software, Documentation, or license keys, or any portions thereof, may be made by you or any person under your authority or control.
Transfers and Assignment.
You may transfer all your rights to use the Software and Documentation to another person or legal entity provided you transfer this Agreement, the Software and Documentation, including all copies, updates and prior versions to such person or entity and that you retain no copies, including copies stored on computer. MultiTask123 may assign this Agreement to an entity (i) that controls, is controlled by, or is under common control with MultiTask123 or (ii) which purchases all or substantially all of MultiTask123’ assets or stock.
2. License Fees
The Software will be available to you for use upon your receipt of one or more license keys. Upon acceptance of this Agreement, you may obtain one or more license keys by purchasing additional copies of the Software. The license fees paid by you are paid in consideration of the license granted under this Agreement.
3. Premium Services/Automatic Subscription Renewal
MultiTask123 may offer, from time to time, additional services for a recurring Subscription fee. Depending upon how you chose to handle automatic renewals from our Third-Party Billing System, unless you notify us (through the Third-Party Billing System) of your decision to terminate your subscription, your subscription will automatically renew at the end of each subscription term. Your renewed subscription will have the same duration as the subscription being renewed (e.g. Monthly, Yearly, etc.). At the time of renewal, your elected form of accepted payment will be charged at the fees for the applicable subscription.
4. Term and Termination
This license agreement takes effect upon your use of the software and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software and Documentation in your possession. We may terminate your license if you fail to comply with any term or condition of this license agreement, including but not limited to exceeding the Scope of Use by installing and activating the software on more than one computer. You agree on termination of this license to destroy all copies of the Software and Documentation in your possession.
Mid-Subscription Term Termination.
If you terminate a subscription based Premium Service prior to the end of your subscription term, that service will remain active until the end of the applicable subscription term.
ALL FEES PAID AND CHARGES MADE PRIOR TO TERMINATION AS PROVIDED HEREIN, INCLUDING ANY ADVANCE CHARGE OR PAYMENT FOR THE SUBSCRIPTION TERM DURING WHICH YOU TERMINATE YOUR SUBSCRIPTION, ARE GENERALLY NONREFUNDABLE. TERMINATION OF YOUR SUBSCRIPTION SHALL NOT RELIEVE YOU OF ANY OBLIGATIONS TO PAY ACCRUED CHARGES. IF YOU TERMINATE PREMIUM SERVICE PRIOR TO THE END OF YOUR SUBSCRIPTION TERM, YOUR ACCOUNT WILL REMAIN ACTIVE UNTIL THE END OF THE APPLICABLE SUBSCRIPTION TERM AND YOU MAY CONTINUE TO USE PREMIUM SERVICE UNTIL SUCH TIME. ALL OTHER REQUESTS FOR REFUND WILL BE HANDLED ON A CASE BY CASE BASIS.
5. Intellectual Property and Confidentiality
Use Reporting, License Violations and Remedies.
MultiTask123 expressly prohibits simultaneous, multiple installations of our Software without purchase of additional copies of the Software and/or license keys; or without prior written approval. Any unauthorized use shall be considered by MultiTask123 to be a violation of this End-User License Agreement. MultiTask123 reserves the right to remedy violations immediately upon discovery, by charging the then current list price of the Software or unauthorized keys to the credit card used to make the original authorized purchase, or by any other means necessary. You agree not to block, electronically or otherwise, the transmission of data required for compliance with this agreement. Any blocking of data required for compliance under this agreement is considered to be violation of this agreement and will result in immediate termination of this Agreement pursuant to Section 4.
Proprietary Rights to Software and Trademarks.
You acknowledge that the Software and the Documentation are proprietary to MultiTask123, and the Software and Documentation are protected under United States copyright law and international treaties. You further acknowledge and agree that, as between you and MultiTask123, MultiTask123 owns and shall continue to own all right, title, and interest in and to the Software and Documentation, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws, as may apply. This Agreement does not grant you any ownership interest in or to the Software or the Documentation, but only a limited right of use that is revocable in accordance with the terms of this Agreement. Any and all trademarks or service marks that MultiTask123 uses in connection with the Software or with services rendered by MultiTask123 are marks owned by MultiTask123. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OR ANY CONFIDENTIAL INFORMATION REGARDING MULTITASK123, LLC, ITS AFFILIATES OR STAFF OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS. Except as expressly authorized by this Agreement, you shall not make available the Software, Documentation, or any license key to any third party. You will use your best efforts to cooperate with and assist MultiTask123 in identifying and preventing any unauthorized use, copying, or disclosure of the Software, Documentation, or any portion thereof.
6. Disclaimer of Warranty
YOU AGREE THAT THE SOFTWARE AND DOCUMENTATION ARE LICENSED AND PROVIDED "AS IS" AND USE SHALL BE AT YOUR SOLE RISK. MULTITASK123 MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT AUTHORIZED BY LAW.
WITHOUT LIMITATION OF THE FOREGOING, MULTITASK123 EXPRESSLY DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE RESULTS OBTAINED FROM YOUR USE OF THE SOFTWARE. YOU SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SOFTWARE.
MULTITASK123 MAKES NO WARRANTY THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT WILL BE UNINTERRUPTED OR ERROR FREE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
7. Limitation of Liability
Our entire liability and your exclusive remedy for breach of the foregoing warranty shall be, at our option, to either:
return the price you paid, or
repair or replace the Software or media that does not meet the foregoing warranty if it is returned to us with a copy of your receipt.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, LOSS OF GOODWILL, BUSINESS OPPORTUNITY, LOSS OF DATA, LOSS TO TANGIBLE OR INTANGIBLE PROPERTY OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY.
ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION - DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, ARISING OUT OF THESE TERMS
THE ABOVE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL RADIODILE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS PARENT OR AFFILIATED ENTITIES AND ITS LICENSOR(S) BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID FOR THE SERVICE.
BucketBacker Scaling and Resource Allocation
BucketBacker is a multithreaded application, capable of running unlimited backup jobs simultaneously and in parallel.
This feature may overload your hardware resources and throughput (internet connection) if you do not carefully consider the load on your computer and verify your resources are sufficient for the successful completion of your backup jobs.
It is your responsibility to ensure that BucketBacker is installed on a machine (including virtual machines) capable of handling the load you intend to place upon it.
To illustrate an overload scenario:
You have 200 buckets with one million objects in each - If you attempt to create 200 backup jobs and run them simultaneously on a computer with insufficient RAM, CPU cores and available internet throughput, you will DEFINITELY overload your hardware and internet connection. At this point BucketBacker will begin to malfunction and write errors to your log files.
It is your responsibility to intelligently provision your scheduled backup jobs to avoid over-utilizing your resources as there is a direct correlation between the capacity of your resources (bandwidth/throughput, CPU cores and RAM) and your ability to run multiple large backup jobs simultaneously.
It is your responsibility to test your scheduled backup jobs to ensure that you are not overloading your resources. BucketBacker writes completion and error log files in XML format to your APPDATA folder, allowing detailed analysis of backup job status. It is your responsibility to review your log files to ensure backup jobs ran as intended.
BucketBacker also offers a premium email notification service that proactively pushes your log files, in HTML format, directly to your inbox.
BY USING BUCKETBACKER YOU AGREE TO HOLD MULTITASK123 HARMLESS IN THE EVENT THAT ANY BACKUP OR EMAIL NOTIFICATION FAILS FOR ANY REASON WHATSOEVER. FURTHER, YOU AGREE THAT MONITORING AND PROVISIONING ALL BACKUP JOBS IS YOUR SOLE RESPONSIBILITY.
To the extent permitted by applicable law, you agree to indemnify and hold MultiTask123or its officers, directors, employees, and agents; parent or affiliated entities; and its licensor(s) harmless from any claim or demand, damages, obligations, losses, liabilities, costs or debt, and expenses, including reasonable attorneys' fees, made by any third party due to, or arising out of or related to your violation of this End-User License Agreement, or any use of the Software by you, any party related to you, or any party acting upon your authorization in a manner that is not expressly authorized by this Agreement.
10. General Terms
Governing Law and Choice of Forum.
This Agreement shall be governed by the laws of the State of Nevada, United States of America, without regard to or application of any choice of law or conflict of law provisions. You consent to the exclusive jurisdiction and venue of the state and federal courts sitting in Las Vegas, Nevada and waive any objection as to inconvenient forum.
In the event of litigation, as defined by the filing of a legal complaint in any forum or jurisdiction arising out of the Service, or these Terms of Service, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs.
If any term or provision of this Agreement is declared void or unenforceable in a particular situation, by any judicial or administrative authority, this declaration shall not affect the validity of enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation.
The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
MultiTask123 reserves the right, in its sole discretion, to amend this Agreement from time to time. If there is a conflict between this Agreement and the most current version of this Agreement, posted at www.bucketbacker.com, the most current version will prevail. If you do not accept amendments made to this agreement, then this license will be immediately terminated pursuant to Section 4.
Editing, Deleting and Modification.
MultiTask123 reserves the right to change, edit, or delete any documents, information, or other content appearing on the Site or available through the Services.
Dated: February 16, 2015