Lenovo Enterprise Edition Online Backup
License and Service Agreement
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Please read the following terms carefully. Lenovo, its authorized reseller or agent as the case may be (called “Lenovo”, “we” or “us”) will provide services to you under the terms of this Agreement.
If you do not wish to accept the terms of this Agreement for any reason, do not download and install the software and do not use the Service. Instead, promptly notify the reseller at the place of purchase or Lenovo, if you bought it directly from Lenovo, to obtain a refund or a credit of the amount you paid.
This agreement (the "Agreement") is a legal agreement between you, either as an individual or a single legal entity ("you" or “Customer”), and Lenovo. (“Lenovo”, “we” or “us”). This Agreement governs your use of the Lenovo Online Backup software and Administrative Console software distributed with this Agreement, including any updates that may be provided to you and any accompanying written documentation (“OLB Software” and “Admin Software” respectively; and collectively the "Software") and the Lenovo Online Backup Service ("Service").
"Personal Data" is defined as any data from which it is practical to determine the identity of an individual, such as name, address, email address, telephone number, credit card number, or Service account number. You will provide Personal Data to Us when you register for the Service or communicate with Us.
"User Data" is defined as any data you back up with the Service. User Data may include Personal Data about you or others.
Online Data Backup
We will provide storage of your User Data on secure servers encrypted in format. The data will be encrypted using AES 256 bit on your individual computers using the Online Backup Software and transmitted using 128-bit SSL technology. . The time needed for a user to backup User Data will vary depending on upload speed, the amount of data, and throughput capacity.
IMPORTANT NOTE: If a computer operating system is enabled for multiple user accounts, the OLB Software will enable one user to access to another user’s data files that have been backed up using the OLB Software, even if the operating system does not allow one user to access another user’s data files.
Lenovo will provide Administrative Console Software that will allow multiple administrators remote administrative access to the OLB Software installed on your users computers. Using the Administrative Console Software, your administrators will be able to:
§ Create sub-administrators
§ View individual user and/or aggregate account
usage, history, and stats
§ Reset account passwords
§ Change individual user’s account status
§ View and distribute license keys
§ Customize individual and group
§ Easily define and enforce business
backup rules and policies
§ Perform recovery of backed up User Data
More details of the Service provided can be found in the attached Exhibit A.
Service and Support
Your administrators will be responsible for deploying the Service and Software to your users, including the user configuration and activation.
You must provide Level 1 technical support to your users, and you will be responsible for ensuring your administrators acquire the necessary skills to do so. Lenovo will arrange Level 2 technical support to your Level 1 technical support team and administrators. You are responsible for properly identifying to Lenovo and/or its Level 2 service provider the identities of your administrators and Level 1 technical support team. Only those personnel you so identify will be eligible to interact with Level 2 support teams.
The scope of Level 1 and Level 2 technical support can be found in the attached Exhibit B.
PRIVACY AND COMMUNICATIONS
You agree that Lenovo may occasionally send you administrative communications regarding your account or the Service via email or postal mail.
ACCOUNTS, PASSWORDS, AND SECURITY
Your and your users must be registered to access the Service. You are solely responsible and liable for any activity that occurs under your account(s).
Your User Data is stored in encrypted form and you must establish your own encryption key. Should you forget or lose your encryption key, we will not be able to restore your User Data. In order to backup your current data, you will have to re-start the upload process from the beginning and choose another encryption key. If you choose not to re-start the upload process, your inaccessible data will be securely destroyed 30 days after termination of your Service. You are responsible for keeping your encryption key secure.
RENEWAL OF YOUR SERVICE
Prior to the end of the period of Service you purchased, Lenovo contact you regarding renewal. If you choose not to renew, Lenovo will use commercially reasonable efforts to make your data available for you to download for a period of 30 days. After that period, your data will be securely destroyed.
ACCEPTABLE USE AND CONDUCT
You are solely responsible for your conduct and your data related to the Service. You agree to indemnify, defend, and hold harmless Lenovo and its suppliers from any and all loss, cost, liability, and expense arising from or related to your data, your use of the Service, or your violation of these terms.
The Software and Service are made available to you only for your use that is in compliance with all applicable laws, rules and regulations and you must not infringe or violate third party rights.
If you are purchasing directly from Lenovo, except for credit or debit card transactions, amounts are due upon receipt of invoice. You agree to pay as specified in the invoice, including any applicable taxes and late payment fees. You are responsible for any taxes related to this Service.
If you are purchasing indirectly, via a reseller, the pricing and payment terms with that reseller will apply.
STORAGE AND TRANSFER OF DATA
You agree that Lenovo may use third parties to provide this Service. When you back up data via the Service, you agree that we and our service providers may copy and store an encrypted version of your User Data as part of the Service. You agree that Lenovo may store or transfer your Personal Data or User Data outside of your home country or region in accordance with applicable law.
The Software and Service may also collect, store and use certain non-personally identifiable information that resides on your computer, including statistics relating to how often backups are started and completed, performance metrics relating to the Software, IP addresses, web usage information, and configuration settings.
CHANGES TO THE SERVICE AND TERMS AND CONDITIONS
Lenovo reserves the right at any time to suspend or discontinue providing the Service or any part thereof in its sole discretion with or without notice.
Lenovo will use commercially reasonable efforts to notify you of suspension or discontinuance of the Service either by sending postal mail to the address provide, email to the email address you provide with your registration, or by a posting on Terms of Service website. However, in no event will Lenovo be liable to you or to any third party for any suspension or discontinuance of the Service with or without notice.
Lenovo reserves the right at any time to modify this Agreement as necessary to comply with applicable laws, without liability to you. This Agreement, as amended, will be effective upon acceptance of registration for new users and effective for all existing registered users fifteen (15) days after we notify you. Lenovo will notify existing registered users via email about the Agreement modification. You agree to be bound by this Agreement, as modified.
USE OF SOFTWARE
Subject to the terms and conditions of this Agreement, Lenovo or its suppliers grants you a non-exclusive license to install and execute one copy of the Software (in executable code form only) on your registered computer and only for the purpose of accessing and using the Service.
The Software and its structure, organization, source code, and documentation contain valuable trade secrets of Lenovo and its licensors, and accordingly you agree not to (and agree not to allow third parties to) (1) sublicense, lease, rent, loan, transfer, or distribute the Software and/or Service or any derivative thereof to any third party, (2) modify, adapt, translate, or prepare derivative works from the Software or Service, (3) decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Software or Service, (4) extract portions of the Software's files for use in other applications, or (5) remove, obscure, or alter Lenovo's or any third party's trademarks or copyright or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Software or Service.
You agree and certify that neither the Software nor any technical data received from Lenovo, nor the direct product thereof, will be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States. If the Software has been rightfully obtained by you outside the United States, you agree that you will not re-export the Software nor any other technical data received from Lenovo, nor the direct product thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained the Software. You agree to comply fully with all applicable laws and regulations of the United States and other countries to assure that neither the Software, not any direct products thereof are: exported, directly or indirectly, in violation of any applicable export control laws or used for any purpose prohibited by such export control laws, including, without limitation, nuclear, chemical or biological weapons proliferation. None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan or any other country to which the U.S. has embargoed goods; (ii) or to anyone on the U.S. Commerce Department's Table of Denial Orders, U.S. Treasury Department's Specially Designated Nationals List. You may not export or re-export or transfer the Software or any portion or copy thereof in violation of applicable export, import or other laws or regulations.
You acknowledge that Lenovo or third parties own all right, title and interest in and to the Software and Service, portions thereof, or software or content provided through or in conjunction with the Software or Service, including without limitation all intellectual property rights. Except for the license granted in this section, all rights in and to the Software and Service are reserved, and no implied licenses are granted by Lenovo
TERM AND TERMINATION
This Agreement is effective when the Software and Service are provisioned and made available to you and remains in effect for the term of the Service your purchased starting from the date the Service and the Software are provisioned to you.
This Agreement automatically terminates if you fail to comply with its terms and conditions. You agree that, upon such termination, you will destroy and permanently erase all copies of the Software and that your access rights to the Service will immediately terminate.
The terms of the sections entitled Storage and Transfer of Data, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, and Miscellaneous will survive expiration or termination.
DISCLAIMER OF WARRANTIES
THE SOFTWARE AND SERVICE AND ANY THIRD PARTY SOFTWARE AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. LENOVO AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SOFTWARE OR SERVICE AND SUCH THIRD PARTY SOFTWARE OR SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE SOFTWARE AND SERVICE, AND ALL THIRD PARTY SOFTWARE OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOFTWARE OR SERVICE, AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SOFTWARE OR SERVICE AND SUCH THIRD PARTY SOFTWARE AND SERVICES.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL LENOVO OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE SOFTWARE OR SERVICE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF LENOVO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
WITHOUT LIMITING THE FOREGOING, THE TOTAL AGGREGATE LIABILITY OF LENOVO AND ITS SUPPLIERS ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO LENOVO FOR THE SOFTWARE OR SERVICES. IF THE SOFTWARE AND SERVICES ARE PROVIDED WITHOUT CHARGE, THEN LENOVO AND ITS SUPPLIERS SHALL HAVE NO LIABILITY TO YOU WHATSOEVER.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SOFTWARE OR SERVICE, FROM INABILITY TO USE THE SOFTWARE OR SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SOFTWARE OR SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR DIRECT DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
THE SOFTWARE AND SERVICE ARE NOT INTENDED FOR USE IN CONNECTION WITH ANY NUCLEAR, AVIATION, MASS TRANSIT, OR MEDICAL APPLICATION OR ANY OTHER INHERENTLY DANGEROUS APPLICATION THAT COULD RESULT IN DEATH, PERSONAL INJURY, CATASTROPHIC DAMAGE, OR MASS DESTRUCTION, AND LICENSEE AGREES THAT LICENSOR WILL HAVE NO LIABILITY OF ANY NATURE AS A RESULT OF ANY SUCH USE OF THE SOFTWARE.
This Agreement will be governed by and construed in accordance with the laws of the country of purchase without giving effect to any conflict of laws and provisions that would require the application of the laws of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
The failure of Lenovo to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect.
All disputes arising out of this Agreement will be subject to the exclusive jurisdiction of the courts of the country of purchase, and the parties hereby submit to the personal and exclusive jurisdiction and venue of these courts, except that nothing will prohibit Lenovo from instituting an action in any court of competent jurisdiction to obtain injunctive relief or protect or enforce its intellectual property rights.
You may not assign or transfer any of your rights or obligations under this Agreement to a third party without the prior written consent of Lenovo. Lenovo may freely assign this Agreement. Any attempted assignment or transfer in violation of the foregoing will be void.
This Exhibit further describes Lenovo’s Online Backup Enterprise Edition (OLB-EE) service. Lenovo will provide Customer with client software to install on Customer authorized Personal Computers, and such software shall be governed by the terms and conditions contained in this Agreement. The Lenovo OLB-EE service contains the following capabilities and attributes:
· Enterprise Level Security:
o Lenovo OLB-EE backup service security and privacy model is built on the principle of encryption.
o OLB-EE uses AES-256 for strong client-side encryption of all data. The AES-256 encryption key is controlled and created by the Customer and resides only at the Customer location.
o All communication between the client residing on the Customer PC and the Lenovo OLB-EE Servers (located in a secure SAS-70 compliant Data Center) is over a certified 128-bit SSL connection.
o The OLB-EE backup process authenticates the client with the Lenovo remote servers. The client is authenticated by a name and password.
o In the final process of backing up, the OLB-EE backup process encrypts each file and transfers it to the remote Lenovo servers.
o Customer Administrator(s) login to the Lenovo OLB-EE Administration website with a valid username and password. This website is secured by HTTPS and a signed SSL certificate.
· Online Backup of all Enterprise’s PC
o Supports Windows XP, Vista, Windows 7 (includes 64 bit support).
o Automatically detects and backs up new and changed files (as frequently as every 2 hours).
o Scheduled Automatic or Manual backup options based on Administrative settings
o Version (snapshot) support — Users have the option of restoring from multiple file versions up to 30 days in the past.
o Open/locked file support — No need to close files in order to back them up. Backs up all open and locked files, including Outlook PST files.
o Block level incremental backups — Saves bandwidth and ensures future backups are efficient.
o Bandwidth throttling — Settings to use more or less of upload bandwidth so other higher priority services can run unimpeded.
o Status screen: The status of a backup can be easily monitored by right-clicking on the Lenovo OLB icon in the system tray and selecting “Status.” The Lenovo Online Backup status screen also allows ability to manually start a backup or launch the Lenovo Client Configuration tool.
· Easy Data Restoration & Recovery
o Enterprise-quality features such as file version support give users the option of restoring from multiple file versions up to 30 days in the past
o There are three ways to restore the data:
§ With the restore tab of the client
§ With the virtual drive created when you install the OLB-EE client, which contains a copy of all the files and folders that have been backed up
§ By right-clicking in Windows Explorer and selecting the files to restore
o An authorized administrator can access the backed up snapshots of any file system of any user’s machine that the administrator has administrative control over. Once the files are selected through the web application, the application creates a zip file that contains the encrypted files to be restored.
o No Lenovo or third parties will have the ability to decrypt or access your User Data provided administrator creates and deploys encryption key(s) via the customer specific Admin Console and per Lenovo’s best practice deployment recommendations.
o Create sub-administrators and new user groups
o View individual or aggregate account usage, history, and stats
o Change account status (disable, cancel, or re-enable any account)
o Reset account passwords
o View and distribute license keys
o Alerts: Lenovo OLB can send alerts when backups have not been performed in a specified number of days.
o Client Configurations can be set by Administrator per User Group:
§ General Preference settings
§ Schedule Settings
§ Bandwidth Throttling Settings
§ Backup Set Settings
Level 1 Support Scope
The scope of support for Level 1 includes user education and setup assistance, connectivity, general troubleshooting, software problems, service problems, and escalation of unresolved issues. You will provide Level 1 support to your internal users, using the online knowledge content database identified by Lenovo. Level 1 is expected to close approximately 85% of all cases and should expect that less than about 15% of individual cases will need to be escalated.
User Education and Setup Assistance
· General questions from your users about the use of the Software.
· Installation and setup/configuration of Software.
· Instruction and guidance on how to select files for backup, run a backup, and verify files were backed up.
· Instruction and guidance on restoring information via the Software, via the Internet/Web, and via DVD/HDD (where supported).
· Performing account maintenance including adding/deleting/changing users, computers, license keys, quotas, usernames, passwords, client configurations, etc.
· Identifying the cause of lack of connection to Lenovo’s service provider.
· Evaluating available bandwidth and the amount needed for usage.
· Identifying basic network problems or Internet connectivity issues.
· Taking initial troubleshooting steps, obtaining information about an issue, its duration, the prevalence, error codes generated, and symptoms.
· Consulting error code listing and knowledge base to resolve issue if possible. If the issues does not resolve, recording the results and how they differ from the recommended troubleshooting/resolution steps.
· Evaluating general file size/disk space issues, basic operating system problems or conflicts, conflicts with other software on your user’s machine, low system resources, and faulty hardware. Identifying and verifying that the Software’s minimum requirements are met by the system experiencing issues.
· Identifying problems with the Software and its interaction with your user’s computer, the Software’s settings, or related issues such as quota problems. You are to troubleshoot these according to the knowledge base. On identified and known issues with the Software, you are to provide solutions with approved workarounds when appropriate
· Confirm problems with the availability of the Service including issues on the network, routing problems, latency, etc.
Escalation of Unresolved Issues
After providing Level 1 support to your users, your level 1 support team will unresolved issues to the Level 2 support team designated by Lenovo. Escalated issues may include, but are not restricted to:
· Computer Problems - Conflicts with other critical software on the uers’s computer (E.g. payroll software, time keeping, etc.) that can’t be resolved by reasonable troubleshooting.
· OLDB Software - On identified and known issues with the Software, you are to provide solutions with approved workarounds when appropriate (e.g. new machine restore). If these solutions fail to resolve the problem, escalation is the next step. You should also escalate to Level 2 when your Level 1 support has identified a new error in the Software.
· Service Problems – when there are confirmed problems with the data centers, routing problems, unfixable manifest problems and confirmed latency problems.
· Unfixable problems– When Level 1 trouble shooting has been done and there is still no solution to the user’s problem, escalate to Level 2 support.
Level 2 Support Scope
Level 2 support will be provided to your Level 1 support team 24 hours per day x 7 days per week in English; in French from 9am to 5pm GMT; and in other languages at the discretion of Lenovo. The Level 2 support team will assist not interact directly with your end-users, only your designated support teams. Level 2 support will assist in troubleshooting and resolution of verifiable defects and properly escalated cases in the Service or Software. Level 2 support will:
· Respond to and assist your Level 1 support in analysis of end-user logs to identify defects and solutions, including performing root-cause-analysis.
· Correct verifiable defects, or provide “work-arounds” for the defect.
· Assist your Level 1 in prioritizing issues identified to Level 2 support