TeraByte Drive Image Backup and Restore Suite is an affordable and reliable drive image backup and restore software package that is used for backing up all of your hard drive data to other media or external drives (such as eSATA, USB or 1394) and allows you to easily perform a bare-metal restore for efficient disaster recovery. It can also be used for disk to disk cloning and includes scheduling, encryption, and much more. The key components of the suite are Image for Windows, Image for DOS, Image for Linux and the TeraByte OS Deployment Tool Suite. In particular the OS Deployment Tool can be used to script your image deployment to support different hardware (hardware independent restore).
Program Details
- Category: System Utilities > Backup & Restore
- Publisher: TeraByte, Inc.
- License: Free Trial
- Price: $38.94
- Version: 3.41.0
- Platform: windows
EULA
TERABYTE UNLIMITED (TRIAL-USE) LICENSE AGREEMENT By using, copying, transmitting, distributing or installing all or any part of the TeraByte trial version computer software and documentation accompanying this License Agreement (the "Evaluation Software"), you agree to all of the terms and conditions of this License Agreement. Please read the license terms and conditions below. If you do not agree to all of the terms and conditions, then do not use, copy, transmit, distribute, or install the trial version computer software and documentation accompanying this license Agreement. TeraByte, Inc., dba TeraByte Unlimited ("TeraByte") and/or its suppliers own the Evaluation Software and its documentation, which are protected under applicable copyright, trade secrets, and other laws. Your rights and license to use the programs and the documentation are limited to the terms and subject to the conditions set forth below. 1. LICENSE: (a) TRIAL USE IN YOUR OWN COMPUTER (i) YOU MAY: use the Evaluation Software for evaluation purposes in your own computer, for a period not to exceed thirty (30) days after your first installation or use of the Evaluation Software. You may not re-install or additionally install the Evaluation Software for additional evaluation periods. (ii) Not "Free Software". This Evaluation Software is not "free software", but a software copy with limited license rights, as set forth in this Agreement. (iii) Temporary Evaluation Use Only. You may use this Evaluation Software without charge for a limited time only, and solely to decide whether to purchase a paid license for the software from TeraByte. If you wish to use the Evaluation Software after the thirty (30) day evaluation period, then you must purchase a Full Use license for the software from TeraByte. You can visit TeraByte's web site at www.terabyteunlimited.com, for further information. (iv) NO CONTINUED USE WITHOUT REGISTRATION. Unregistered use of the Evaluation Software after the thirty (30) day trial period is an infringement of TeraByte's legal and equitable rights, including but not limited to copyright and trade secret rights, under U.S. and international laws. (v) Notwithstanding the above, should you use, install, copy, or download the Evaluation Software for a particular purpose, and should the Evaluation Software successfully accomplish that particular purpose, such use shall not be considered evaluation purposes. In such case, you shall immediately obtain the appropriate end user license. (b) LIMITED DISTRIBUTION LICENSE (i) IF YOU ARE AN INDIVIDUAL, YOU MAY: distribute copies of the Evaluation Software to your friends or associates, provided that you charge no fees nor request any donations for this service, and that you convey only a complete and unaltered copy of the original Evaluation Software files, in the exact form that they were downloaded from www.terabyteunlimited.com. (ii) ALL OTHER DISTRIBUTION is allowed only under the terms set forth by TeraByte, if any, at the www.terabyteunlimited.com web site. TeraByte may, at its sole discretion, append a data record to the distribution files for the Evaluation Software, in which event such data record shall be automatically incorporated by reference. Any distribution satisfying all of the distribution requirements expressed at the web site or in that data record, if any, is hereby authorized; all other distribution requires TeraByte's advance written approval. (iii) Each individual, and each vendor, wishing to distribute the Evaluation Software package must independently satisfy all terms of the limited distribution license. (iv) You may make as many copies of this Evaluation Software as you need, for purposes of the limited distribution permitted in this Agreement. (v) TERABYTE RESERVES THE RIGHT TO RETRACT OR CHANGE ANY OR ALL OF THE ABOVE DISTRIBUTION RIGHTS AT ANY TIME, FOR ANY OR NO REASON. (c) YOU MAY NOT: (i) permit others to use the Evaluation Software unless they are properly licensed by TeraByte, either under this Agreement or another agreement from TeraByte; (ii) modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, the Evaluation Software; (iii) copy the Evaluation Software except as expressly permitted above; (iv) distribute the Evaluation Software, bundle it with other products, rent, lease, sell, grant a security interest in, or otherwise transfer rights to, or possession of, the Evaluation Software or any copy thereof, except as may be expressly provided in this Agreement; (v) remove or alter any proprietary notices, labels or legends on any copy of the Evaluation Software; or (vi) ship or transmit (directly or indirectly) any copies of the Evaluation Software or their media, or any direct product thereof, to any country or destination prohibited by the United States Government. (d) RESERVATION OF RIGHTS. All rights and licenses not expressly granted by TeraByte in this Agreement are entirely and exclusively reserved to TeraByte. 2. TERM AND TERMINATION: This Agreement shall remain effective until this Agreement is terminated, provided that in no event shall your evaluation rights hereunder extend beyond the thirty (30) day period set forth in Section 1 above. You may terminate it at any time by destroying the distribution media together with all of your copies of the Evaluation Software in any form. This Agreement will also automatically terminate, without notice, if you fail to comply fully with any term or condition of this Agreement, or if your normal business operations are disrupted or discontinued for more than thirty days by reason of insolvency, bankruptcy, receivership, or business termination. Upon termination of this Agreement, you must destroy all copies of the Evaluation Software in any form. 3. OWNERSHIP AND CONFIDENTIAL INFORMATION: TeraByte or its licensors own the Evaluation Software under copyright, trade secret and all other laws that may apply. All product names, designs, and logos associated with the Evaluation Software are trademarks of TeraByte. The source code of the Evaluation Software and all information regarding the design, structure or internal operation of the Evaluation Software are valuable trade secrets of TeraByte or third parties with which TeraByte has licensing arrangements ("Confidential Information"), provided however, that "Confidential Information" shall not include information which otherwise would be Confidential Information to the extent that such information was publicly known or otherwise known to you previously to the time of disclosure, which subsequently became known through no act or omission by you, or which otherwise became known to you other than through disclosure by TeraByte. You shall not sell, transfer, publish, disclose, display or otherwise permit access to any Confidential Information by any third party, nor may you use any of the Confidential Information, except strictly as part of the Evaluation Software in the form originally distributed by TeraByte. 4. LIMITED WARRANTY: THE EVALUATION SOFTWARE IS PROVIDED ENTIRELY "AS-IS". TERABYTE MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE EVALUATION SOFTWARE, ITS MERCHANTABILITY, OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. TERABYTE DOES NOT WARRANT THAT THE EVALUATION SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE EVALUATION SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY FOR SELECTING AND USING THE EVALUATION SOFTWARE, AND THAT IF YOU USE THE EVALUATION SOFTWARE IMPROPERLY OR AGAINST INSTRUCTIONS, YOU CAN CAUSE DAMAGE TO YOUR FILES, SOFTWARE, DATA OR BUSINESS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE EVALUATION SOFTWARE IS BORNE BY YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary by jurisdiction. 5. LIMITATION OF LIABILITY. ANY LIABILITY OF TERABYTE WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE. IN ADDITION, IN NO EVENT WILL TERABYTE, NOR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE EVALUATION SOFTWARE, BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION LOSS OF INCOME, USE OR INFORMATION, RELATING EITHER TO THE USE OF THE EVALUATION SOFTWARE, OR YOUR RELATIONSHIP WITH TERABYTE, EVEN IF TERABYTE HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. Any suit or other legal action relating in any way to this Agreement or to the Evaluation Software must be filed or commenced no later than one (1) year after it accrues. You may also have other rights which vary from state to state. 6. HIGH RISK ACTIVITIES. The Evaluation Software is not fault-tolerant and is not designed, manufactured or intended for use on equipment or software running in hazardous environments requiring fail-safe performance, including but not limited to the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Evaluation Software could contribute to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). TERABYTE AND ITS SUPPLIERS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS OF THE EVALUATION SOFTWARE FOR HIGH RISK ACTIVITIES. TERABYTE DOES NOT AUTHORIZE USE OF THE EVALUATION SOFTWARE FOR ANY HIGH RISK ACTIVITY. YOU AGREE TO DEFEND AND INDEMNIFY TERABYTE, AND HOLD TERABYTE HARMLESS, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LOSSES, COSTS JUDGMENTS AND DAMAGES OF ANY KIND IN CONNECTION WITH USE IN RELATION TO ANY HIGH RISK ACTIVITY OF ANY COPY OF THE EVALUATION SOFTWARE RELATING TO THIS LICENSE. 7. RESTRICTED RIGHTS - COMMERCIAL COMPUTER SOFTWARE. The parties acknowledge and agree that: (a) any and all products covered by this Agreement are, and shall be, deemed "commercial computer software" for all purposes in relation to U.S. government acquisition laws, rules and regulations, and (b) all use, duplication and disclosure by, for, or on behalf of the U.S. Government is subject to all conditions, limitations and restrictions applicable to "commercial computer software" as set forth in FAR section 12.212 and in DFAR sections 227.7202-1, 227.7202-3, and 227.7202-4. 8. GENERAL. (a) ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between you and TeraByte in regard to the subject matter herein, and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between you and TeraByte. No amendment of this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of both parties. (b) NON-WAIVER. Waiver by TeraByte of any violation of any provision of this License shall not be deemed to waive any further or future violation of the same or any other provision. (c) LAW AND JURISDICTION. This License and any dispute relating to the Evaluation Software or to this License shall be governed by the laws of the United States and the laws of the State of Nevada, without regard to U.S. or Nevada choice of law rules. You agree and consent that jurisdiction and proper venue for all claims, actions and proceedings of any kind relating to TeraByte or the matters in this License shall be exclusively in courts located in Las Vegas, Nevada. If a court with the necessary subject matter jurisdiction over a given matter cannot be found in Las Vegas, then jurisdiction for that matter shall be exclusively in a court with the proper jurisdiction as close to Las Vegas as possible, and within Nevada if possible. (d) SEVERABILITY. If any part or provision of this License is held to be unenforceable for any purpose, including but not limited to public policy grounds, then you agree that the remainder of the License shall be fully enforceable as if the unenforceable part or provision never existed. (e) NON-ASSIGNMENT. You may not assign this License without the prior written consent of TeraByte, except as part of a sale of all or substantially all of the assets of your business. (f) NO THIRD PARTY BENEFICIARIES. There are no third party beneficiaries of any promises, obligations or representations made by TeraByte herein. (g) HEIRS AND ASSIGNS. This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto, but nothing in this paragraph shall be construed as a consent by TeraByte to any assignment of this agreement except as provided hereinabove. (h) SURVIVAL. The provisions of paragraphs 1(a)(iv), 1(c)(ii) and 3 of this Agreement shall survive any termination or expiration of this Agreement.