Last Updated April 22, 2016; please check here for updates.
PLEASE READ BEFORE USING ARQ
This is a legal license agreement between you as an individual and Haystack Software LLC ("the License Agreement") and governs the terms and conditions of your use of The Software (as defined below) and any updates that may be provided to you. This License Agreement constitutes the entire agreement between Haystack Software LLC and you regarding The Software, and supersedes all prior agreements between the parties regarding the subject matter of this License Agreement.
Definition of Terms
a. You, as the user, are referred to herein as "you," "user," or "customer."
b. Arq (whether preinstalled, on a medium, or offered by download) and all other software, features, tools, websites, documentation and services provided by Haystack Software LLC are referred to herein as "The Software".
c. Access, installation, usage, and/or registration of The Software is referred to herein as "use", "using" or "usage".
To Use The Software You Must Agree to This License Agreement
By using The Software, you agree to this License Agreement. Each time you use The Software, you reaffirm your acceptance of the then-current License Agreement. If you do not wish to be bound by this License Agreement, you may discontinue using The Software. You cannot use The Software until you have accepted this License Agreement.
By accepting the License Agreement, you agree to the terms and also represent and warrant that you have adequate legal capacity to enter into binding agreements such as this License Agreement. Further, you agree that using The Software in any way that is illegal, or even for the purpose of assessing its viability for illegal usage is prohibited.
Haystack Software LLC grants you a personal, non-exclusive, non-transferable limited license to install The Software as distributed by Haystack Software LLC in object code form only and for the sole and exclusive purpose of using The Software in accordance with these Terms of Service.
Disclaimer of Warranty; Limitation of Liability
The Software is provided "AS IS." HAYSTACK SOFTWARE LLC DISCLAIMS TO THE FULLEST EXTENT AUTHORIZED BY LAW ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE.
Haystack Software LLC is not responsible for any damage to the user's computer system or data and in no event will Haystack Software LLC, its officers, directors, employees or agents be responsible to the user for any consequential, incidental, or indirect damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use or inability to use The Software, even if Haystack Software LLC has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
Modifications to the License Agreement
In the event that Haystack Software LLC makes changes to this License Agreement, the modified License Agreement will be posted on our web site. You agree to the new posted License Agreement by continuing your use of The Software. If you do not agree with the modified License Agreement, your only remedy is to discontinue using The Software.
The provisions of this License Agreement addressing disclaimers of representations and warranties and limitation of liability shall survive the termination of this License Agreement.