TOLIS Group BRU™ Software End User License Agreement (EULA)
BRU Software End User License Agreement (EULA)
Upon installing a BRU Product, the following license agreement is displayed and must be agreed to in order to install the software.
TOLIS Group, Inc.
LICENSE AGREEMENT
This License Agreement ("Agreement"), provided by The TOLIS Group, Inc. ("TOLIS"), governs the use of the object code version of the BRU brand computer software, documentation and materials accompanying this Agreement or otherwise provided in connection herewith (collectively, "Software"), owned by TOLIS, by the person or entity ("Client") that has agreed with the license terms outlined below. For purposes of this Agreement, Software may be BRU, BRU Server, bruCLONE, BRU LE, BRU Producer's Edition, TOLIS Tape Tools or any other licensed BRU application.
*************************************************************
IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT INSTALL OR USE THE SOFTWARE.
*************************************************************
1. LICENSE AND USE RESTRICTIONS.
Subject to all other terms of this Agreement including the payment of any applicable fees, TOLIS hereby grants to Client a non-exclusive, non-transferable license, without the right to grant sublicenses, to use one (1) copy of the Software solely for Client's own, internal purposes. If the Software is BRU-PE (Personal Edition), this license is granted for non-commercial use only (For purposes of this Agreement, noncommercial use means solely for the personal use of the natural person who is the licensee hereunder not utilizing the software license as part of a job while working for a company or organization).
The foregoing license includes the right of Client to make a reasonable number of copies of the computer programs contained in the Software solely for backup and archival purposes; provided, however, that all such copies shall be deemed Software for purposes of this Agreement. The foregoing license shall terminate immediately and without notice for any breach of this Agreement by Client, including any failure to pay fees when due. Upon any such termination, Client shall immediately destroy or delete any and all Software and promptly confirm in writing that Client has done so.
For bruCLONE, this license is assigned to one specific computer system and may not be used on multiple systems even when not being used on the original system except as outlined in the transferability clause below. If cloning more than one system, one license is required for each system to be cloned.
Transferability to a new computer system is permitted when the original system upon which a given license is currently installed is to be retired, decommissioned, or otherwise taken out of daily utilization by the originally licensed client. It is permissible to retain use of the licensed software on the original system for a period of overlap required to allow the transfer of data from the original system to the replacement system. Once the license has been transferred to the replacement system and the replacement system is placed in normal use, the license must be removed from the original system. At no other time is it allowable to utilize the same software license on two or more different computers at the same time.
The Software is and shall remain the sole and exclusive confidential and proprietary property of TOLIS, subject to protection under the intellectual property laws of the United States and those throughout the world. Client agrees not to use or disclose the Software, during and after the term of this Agreement, except as expressly permitted by this Agreement. Client further agrees not to modify the Software, remove any notices or markings on the Software, or reverse compile, reverse assemble, reverse engineer or otherwise attempt to learn or disclose the trade secrets contained in the Software, transfer the Software in whole or in part over a network, or permit any third party to do any of the foregoing. Nothing in this Agreement shall be construed as conferring any license under any of TOLIS's intellectual property rights, whether by estoppel, implication, or otherwise, except for those licenses expressly granted herein.
2. WARRANTY AND DISCLAIMER.
TOLIS warrants that for a period of sixty (60) days from the date of receipt by Client of the Software, the media on which the Software was delivered shall be without defects in materials or workmanship. TOLIS agrees to replace any defective media which is returned to TOLIS within the foregoing sixty (60) day period. TOLIS may make available to Client additional services, including updates, enhancements or improvements of or to the Software, under separate written agreement, and for additional payment.
THE FOREGOING WARRANTY IS THE ONLY WARRANTY GIVEN HEREUNDER. EXCEPT AS OTHERWISE PROVIDED ABOVE, THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTY WHATSOEVER. ALL EXPRESS, IMPLIED OR STATUTORY CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED.
Some states do not allow the disclaimer of implied warranties, so the foregoing limitations may not apply to you.
3. LIMITATION OF LIABILITY.
TOLIS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING UNDER THIS AGREEMENT OR IN CONNECTION WITH THE SOFTWARE, REGARDLESS OF WHETHER ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF TOLIS HEREUNDER EXCEED THE SUM OF ONE HUNDRED DOLLARS ($100), REGARDLESS OF THE CAUSE OF ACTION, IN TORT, CONTRACT OR OTHERWISE.
4. GENERAL.
Any action related to this Agreement shall be governed by the substantive laws of the State of Arizona, without regard to conflicts of law principles. The State and Federal courts located in Maricopa County, Arizona, shall have sole jurisdiction over any dispute arising hereunder, and the parties hereby consent to the personal jurisdiction of such courts. Neither this Agreement, nor any rights hereunder, may be assigned by operation of law or otherwise, in whole in part, by Client without the prior, written permission of TOLIS. Any sale of more than fifty percent (50%) of the common voting stock of, or other right to control, Client shall be deemed an assignment. Any purported assignment without such permission shall be void.
Any waiver of any rights of TOLIS under this Agreement must be in writing, signed by TOLIS, and any such waiver shall not operate as a waiver of any future breach of this Agreement. In the event any portion of this Agreement is found to be illegal or unenforceable, such portion shall be severed from this Agreement, and the remaining terms shall be separately enforced. The parties agree that any breach or threatened breach of this Agreement by Client is likely to cause TOLIS damage that is not fully reparable by payment of damages, and further agree that in such case TOLIS shall be entitled to seek and obtain injunctive or other equitable relief to protect its rights hereunder. Client's performance hereunder and use of the Software shall at all times comply with all applicable laws, rules and regulations, including those governing export of technical information, and Client shall fully indemnify, defend and hold harmless TOLIS against any violation thereof. This Agreement is the entire agreement between the parties with respect to this subject matter, and supersedes any and all prior or contemporaneous, conflicting or additional communications, negotiations or agreements.
TOLIS Group, Inc.
21630 N 19t Ave
Suites B12 & B13
Phoenix, AZ 85027
Limited Hardware Warranty
XBRU / CRU QPL
XBRU and CRU are Open Source Products
TOLIS Group has released the XBRU and CRU products under the following Open Source License. Use of these products consititues your agreement to this OSL in full.
The Q PUBLIC LICENSE version 1.0
Copyright © 1999 Troll Tech AS, Norway
The intent of this license is to establish freedom to share and change the software regulated by this license under open source model. Download, installation, or use of this software indicates that you have read and agree to this license
This license applies to any software containing a notice placed by the copyright holder saying that it may be distributed under the terms of the Q Public License version 1.0. Such software is herein referred to as the Software. This license covers modification and distribution of the Software, use of third-party application programs based on the Software, and development of free software which uses the Software.
Granted Rights
1. You are granted the non-exclusive rights set forth in this license provided you agree to and comply with any and all conditions in this license. Whole or partial distribution of the Software, or software items that link with the Software, in any form signifies acceptance of this license.
2. You may copy and distribute the Software in unmodified form provided that the entire package, including - but not restricted to - copyright, trademark notices and disclaimers, as released by the initial developer of the Software, is distributed.
3. You may make modifications to the Software and distribute your modifications, in a form that is separate from the Software, such as patches. The following restrictions apply to modifications:
a. Modifications must not alter or remove any copyright notices in the Software.
b. When modifications to the Software are released under this license, a non-exclusive royalty-free right is granted to the initial developer of the Software to distribute your modification in future versions of the Software provided such versions remain available under these terms in addition to any other license(s) of the initial developer.
4. You may distribute machine-executable forms of the Software or machine-executable forms of modified versions of the Software, provided that you meet these restrictions:
a. You must include this license document in the distribution.
b. You must ensure that all recipients of the machine-executable forms are also able to receive the complete machine-readable source code to the distributed Software, including all modifications, without any charge beyond the costs of data transfer, and place prominent notices in the distribution explaining this.
c. You must ensure that all modifications included in the machine-executable forms are available under the terms of this license.
5. You may use the original or modified versions of the Software to compile, link and run application programs legally developed by you or by others.
6. You may develop application programs, reusable components and other software items that link with the original or modified versions of the Software. These items, when distributed, are subject to the following requirements:
a. You must ensure that all recipients of machine-executable forms of these items are also able to receive and use the complete machine-readable source code to the items without any charge beyond the costs of data transfer.
b. You must explicitly license all recipients of your items to use and re-distribute original and modified versions of the items in both machine-executable and source code forms. The recipients must be able to do so without any charges whatsoever, and they must be able to re-distribute to anyone they choose.
c. If the items are not available to the general public, and the initial developer of the Software requests a copy of the items, then you must supply one.
Limitations of Liability
In no event shall the initial developers or copyright holders be liable for any damages whatsoever, including - but not restricted to - lost revenue or profits or other direct, indirect, special, incidental or consequential damages, even if they have been advised of the possibility of such damages, except to the extent invariable law, if any, provides otherwise.
No Warranty
The Software and this license document are provided AS IS with NO WARRANTY OF ANY KIND, INCLUDING THE WARRANTY OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Choice of Law
This license is governed by the laws of the State of Arizona. Any dispute concerning this Agreement shall be resolved in Maricopa County in accordance with the laws of the State of Arizona.
Open File Manager for Windows EULA
BRU Open File Manager (OFM) End User License Agreement (EULA)
SOFTWARE LICENCE AGREEMENT
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE AGREEING TO IT.
This Licence Agreement is a legal agreement between you and VisionWorks Solutions Inc. (“VisionWorks”). This Licence Agreement governs your use of the software downloaded from this disk/website (the “Software”). By clicking “I AGREE”, copying, installing or using the Software, you are agreeing to be bound by all the terms of this Licence Agreement and are (1) representing that you are over the age of eighteen (18) and have the capacity and authority to bind yourself and your employer, as applicable, to the terms of this Licence Agreement; and (2) consenting on behalf of yourself and/or as an authorized representative of your employer, as applicable, to be bound by this Licence Agreement. If you do not agree with any of the terms of this Licence Agreement, click “CANCEL”, do not use, copy or install the Software and immediately destroy any copies of the Software you have made.
You agree that your use of the Software acknowledges that you have read this Licence Agreement, that you understand it, and that you agree to be bound by its terms and conditions. This Licence Agreement gives you certain rights as a user of the Software only. You may not distribute, sell, transfer, or commercially exploit this Software or any products developed using this Software.
Should you have any questions regarding this Agreement, or wish to contact VisionWorks, you may write to:
VisionWorks Solutions Inc.
3850 Dougall Ave P.O. Box 31004
Windsor, ON N9G 2Y2. Canada.
1. GRANT OF LICENCE
1.1 Licence Grant. VisionWorks hereby grants you a non-exclusive licence with respect to the Software and the accompanying documentation (the “Documentation”). You may use the Software on as many computer terminals as are permitted under the licence's you have purchased from VisionWorks. Use of the Software on computers for which licence's have not been purchased will result in automatic termination as set out in Section 3 of this Agreement. This Software will not function until you activate it with a Licence Code. To use the Software, you agree to provide VisionWorks, via Internet or by telephone, the Serial Number to activate the Software. You also agree to provide VisionWorks your name, the company name, full mailing address and individual email address for Serial Number activation and protection. All information provided to VisionWorks will be kept CONFIDENTIAL and will only be used to re-install the Software, to alert you of modifications and fixes (“patches”) to the Software or to alert you of new products from VisionWorks.
1.2 Property Rights in the Software and Documentation. The Software and the Documentation is the sole and exclusive property of VisionWorks and VisionWorks’s licensors. VisionWorks and its licensors retain all rights with respect to the Software and the Documentation, including any copyright, patent, and other proprietary rights, except the right to use the Software as specifically granted herein. Any copy of the Software or the Documentation, or any portion thereof, is specifically subject to the terms and conditions of this Licence Agreement. The Software is licensed, not sold. Title, ownership rights, and all intellectual property rights in the Software (including without limitation the related source code, object code and Documentation) shall remain exclusively in VisionWorks and its licensors. You acknowledge such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with VisionWorks’s or its suppliers’ ownership of, or rights with respect to, the Software. The Software and Documentation is protected by copyright and other intellectual property laws and by international treaties.
1.3 Licence Restrictions. The licence granted herein does not permit you to, and you agree that you will not: (a) distribute, sell, transfer, market or otherwise commercially exploit the Software or Licence Code(s); (b) assign, sublicense, lease, distribute or transfer in any way the rights granted to you herein, without the prior written consent of VisionWorks (which may be arbitrarily withheld); (c) use the Software or Licence Code(s) for any use or in any manner other than as set out in the Documentation or herein; (d) copy the Software, Licence Code(s) or the Documentation (except for back-up purposes); (e) remove any proprietary notices or labels on the Software, Licence Code(s) or the Documentation; (f) provide, lease, lend, use for timesharing, application service provider or service bureau purposes, or otherwise use or allow others to use the Software, Licence Code(s) for their own benefit or for the benefit of third parties; (g) modify, alter, decompile, disassemble or reverse engineer the Software or Licence Code(s) or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms of the Software by any means whatever. This licence does not grant you any rights to any improvement, enhancement or update.
1.4 Beta Versions. In the event that the Software is a beta release or pre-release version, the terms of this section shall apply. Your licence to use the Software expires thirty (30) days after installation (or such other period as indicated by the Software) and the Software may thereafter cease to function. The Software you are receiving may contain more or less features than the commercial release of the Software that VisionWorks intends to distribute. VisionWorks reserves the right at any time not to release a commercial release of the Software or, if released, to alter features, specification, capabilities, functions, licensing terms, release dates, general availability or other characteristics. You acknowledge that the beta release or pre-release versions have not been fully tested and may contain errors affecting their proper operation. You agree that you will not do anything to circumvent or defeat the features designed to stop the Software from operating after the licence expires.
1.5 Use of Software. You agree: (i) to use the Software only for your company’s private commercial use only; and (ii) to use the Software only in a manner that complies with all applicable laws, including without limitation applicable restrictions concerning copyright and other intellectual property rights, laws or regulations relating to privacy and privacy rights and laws or regulations relating to unsolicited electronic commercial messages. Any use of the Software in violation of any of the restrictions contained in this Licence Agreement will immediately terminate this Licence Agreement and any right you have to use the Software.
1.6 Indemnification. You agree to defend, indemnify and hold VisionWorks harmless from and against any and all costs, liability and expenses arising out of any claim that is related to: (a) your use of the Software in any manner not contemplated by the Documentation or this Licence Agreement; (b) your use of the Software in connection with any activity that is illegal, offensive or immoral or that infringes on rights of privacy or publicity, or any intellectual or proprietary rights of any third party; or (c) any breach by you of your obligations under this Licence Agreement.
2. NO WARRANTY
2.1 Disclaimer. The Software and Documentation is provided as is without any warranty of any kind. To the maximum extent permitted by law, VisionWorks disclaims any representations, warranties or conditions, express, statutory or implied, with respect to the Software or the Documentation. VisionWorks expressly disclaims all other representations, warranties or conditions, including without limitation any implied or statutory warranties or conditions of merchantability, title, non-infringement or fitness for a particular purpose. VisionWorks does not warrant that the Software will meet your requirements or that it will function uninterrupted, error free or that defects will be corrected. You assume the entire risk as to the operation, results and performance of the Software. VisionWorks shall have no obligation to remedy any non-conformance or defect in the Software.
2.2 Limitation of Liability. In no event whatsoever will VisionWorks or its officers, employees or affiliates be liable for any special, punitive, indirect, incidental or consequential damages, arising out of this Licence Agreement or in connection with the use or inability to use the Software, whether based on breach of contract, tort, negligence, product liability or otherwise, and whether or not VisionWorks has been advised of the possibility of such damages. You assume the entire risk as to the quality and performance of the software. In any event, the total liability of VisionWorks for all damages whatsoever shall not exceed the sum of CDN$500.00. You agree that these limitations are reasonable in scope and reasonably necessary in order for VisionWorks to protect its considerable investment in the Software. In no event whatsoever shall VisionWorks be liable, under any circumstances, regardless of the type or cause of action, for (a) any lost profits, lost revenue or lost business, (b) any loss or damage to software or data, (c) any incidental, indirect, consequential or special damages; arising out of the use of or inability to use, the Software or accompanying written materials, even if VisionWorks has been advised of the possibility of such liability or damages.
3. TERM & TERMINATION
3.1 Term & Termination. This Licence Agreement is effective until terminated. This Licence Agreement will automatically terminate if you fail to comply with any term hereof. No notice from VisionWorks shall be required to effect such termination. You may terminate this Licence Agreement at any time by destroying the Software and all copies in your possession and by providing notice in writing to VisionWorks.
3.2 Effect of Termination. Upon any termination of this Licence Agreement for any reason whatsoever, your licence and any rights under this Licence Agreement shall terminate and you agree to: (i) immediately discontinue using the Software; and (ii) destroy all Software including all copies and portions thereof. In no event may any of the Software be used by you for any purpose, including development, following termination of this Licence Agreement. In the event of the termination of this Licence Agreement for any reason, the provisions of those sections hereof which are reasonably intended to survive termination of this Licence Agreement shall survive such termination and continue to be valid and binding.
4. GENERAL PROVISIONS
4.1 Integration and Severability. This Licence Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements and communications whether oral or written, between the parties relating to the subject matter hereof, and all past courses of dealing or industry custom. The terms and conditions hereof shall prevail exclusively over any written instrument submitted by you, and you hereby disclaim any terms therein. If any provision in this Licence Agreement should be held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Licence Agreement if no such modification is possible, and other provisions of this Licence Agreement shall remain in full force and effect.
4.2 Modification and Waiver. The Licence Agreement may be amended only by a written instrument signed by a duly authorized representative of VisionWorks. A waiver or grant of extension by either party with respect to any term or condition of this Licence Agreement, or any breach thereof, shall not constitute a waiver or operate as a grant of extension with respect to any subsequent event or breach nor constitute a waiver or operate as a grant of extension with respect to any other term, condition or breach.
4.3 Governing Law. This Licence Agreement shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein.
4.4 Dispute Resolution. Any dispute hereunder will be finally resolved by one arbitrator pursuant to the Arbitration Act (Ontario) S.O. 1991, c. 17. If the parties cannot agree on the appointment of an arbitrator within sixty (60) days of notice of the dispute first being provided by one party to the other , the arbitrator shall be appointed by a Judge of a court of competent jurisdiction. All hearings shall take place in Ontario. Any judgment or award rendered by such arbitrator shall be final and binding and no appeal shall lie therefrom. This section does not affect the rights of the parties to seek injunctive relief when appropriate to enforce rights hereunder.
4.5 Non-Assignment. You may not transfer assign or transfer this Licence Agreement or any rights or obligations herein without the prior written consent of VisionWorks, which may be arbitrarily withheld. Notwithstanding the foregoing, this Licence Agreement shall be binding upon and shall inure to the benefit of the parties, their successors, heirs, executors, personal representatives and permitted assigns.
4.6 Independent Contractor. The relationship between VisionWorks and you is that of independent contractors and neither you nor your agents shall have any authority to bind VisionWorks in any way nor shall you attempt or purport to do so.
4.7 Agreement to be Bound. By clicking “I AGREE” or by using the Software, you acknowledge that you have read this Licence Agreement, understand it, and agree to be bound by its terms and conditions. You agree that this Licence Agreement constitutes the complete and exclusive agreement between you and VisionWorks with respect to the subject matter hereof and that this Licence Agreement supercedes any proposal or prior agreement, oral or written, and any other communications between you and VisionWorks.
VisionWorks Solutions Inc.
Windsor, Ontario, Canada
Website Terms of Use
TOLIS Group Terms of Use
This website ("Site") contains many of the valuable trademarks owned and used by TOLIS Group, Inc. ("TOLIS," "TOLIS Group," "We," "Us" or "Our") and its subsidiaries and affiliates throughout the world to distinguish its quality products and services. These trademarks and related proprietary property are protected from copying and simulation under national and international laws and are not to be reproduced or copied without the express written permission from Us.
TOLIS Group strives to ensure that the information contained in this website is accurate and reliable. However, TOLIS Group and the World Wide Web (or Web Site Host) are not infallible and errors may sometimes occur. Therefore, to the fullest extent permissible pursuant to applicable law, TOLIS Group disclaims any warranty of any kind, whether express or implied, as to any matter whatsoever relating to this website, including with out limitation the merchantability or fitness for any particular purpose. TOLIS Group will not be liable or responsible for any damages or injuries caused by use of this website (such as viruses, omissions or misstatements). TOLIS Group may from time to time revise the information, services and the resources contained in this web site and reserves the right to make such changes without any obligation to notify past, current or prospective visitors. In no event shall TOLIS Group be liable for any indirect, special, incidental or consequential damages arising out of any use of the information contained herein.
The website may link to sites not maintained or related to TOLIS Group. Hypertext links are provided as a service to users and are not sponsored by or affiliated with this website or TOLIS Group. TOLIS Group has not reviewed any or all of the sites to which there is a hyperlink to or from this Site and TOLIS Group is not responsible for the content of any other site. The hypertext links are to be accessed at the user's own risk and TOLIS Group makes no representations or warranties about the content, completeness, or accuracy of these links or the sites that may have a hyperlink to this website. Further, TOLIS Group does not implicitly endorse third-party sites that may hyperlink to this Site.
The Site may also contain references to other company, brand and product names. These company, brand and product names are used herein for identification purposes only and may be the trademarks or registered trademarks of their respective owners. The images of people or places displayed, forms, structures, and graphics displayed or found within the Site are either the property of, or used with permission by TOLIS Group. TOLIS Group may be, but is not necessarily sponsored by or affiliated with any of the owners of the other companies, brands or product names appearing on the Site, and makes no representations about them, their owners, their products or services.
The Site may also contain executable scripts. These scripts are provided by TOLIS Group customers for TOLIS Group customers. TOLIS Group provides examples of these scripts and assumes no responsibility for their content or operation in any particular environment. Further, TOLIS Group assumes no liability for potential harm or damage, software or hardware, that may result from their use. The scripts are provided as examples only and must be modified for your use. VERIFY THE USEFULNESS of the script before you use it. The downloading of any of these scripts indicates that you have read and agree to these terms.
The graphic images, buttons and text contained in this website are the exclusive property of TOLIS Group and, except for personal use, may not be copied, distributed, reproduced or transmitted in any form or by any mean, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of TOLIS Group. The content, arrangement and layout of the Site, including, but not limited to, the trademarks, service marks, package designs, text, and content, are proprietary and are protected from copying, imitation, communication, or simulation under domestic and international laws and are not to be reproduced, communicated, displayed, distributed, or transmitted without the express written permission of TOLIS Group.
Any unauthorized use of the materials, structure, sequence, arrangement, or design of the Site, or trademarks, service marks, or trade dress found within the Site may violate civil or criminal laws, including, but not limited to, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Agreement
By visiting the Site the User does not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on the Site.
Browsing beyond the TOLIS Group home page, the Production Backup home page, or this page indicates that you have read and agree to all of the "Terms of Use" as listed above.
Copyright © 1995–2020 TOLIS Group, Incorporated. All rights reserved.
TOLIS Group, Inc.
21630 N 19t Ave
Suites B12 & B13
Phoenix, AZ 85027
U.S.A.
Privacy Policy updated January 2020
What information do we collect?
We collect information from you when you subscribe to a TOLIS Group newsletter, submit a support inquiry, fill out a form (such as our trial download form(s)), register product, and when you request a quote or place an order.
As appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number, or other information.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you)
To improve customer service (your information helps us to more effectively respond to your customer service requests and technical support needs)
To process transactions such as orders, estimates (quotes) and technical support inquiries.
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested/purchased.
To send periodic emails
The email address you provide for order processing, may rarely be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc. In general we no longer send news or update emails in order to comply with all regulations. You may always check our website or contact us for news or updates to products you own.
Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email if it is a news/update communication; all other communications are direct emails from our support or sales staff to you directly.
Do we use cookies?
Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information
We may use cookies through Google Analytics only to compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off some web features may not work properly. However, you can still place orders over the telephone or by contacting customer service.
Do we disclose any information to outside parties?
We NEVER sell, trade, or otherwise transfer to outside parties your personally identifiable information for marketing purposes. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you (such as registration on your behalf to our third party OEM partners), so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Children's Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Children's Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
Google™ Analytics
To see how the TOLIS Group Website performance is doing and where it rates with others so that TOLIS Group can better serve its customers and visitors, TOLIS Group occasionally uses the Google Analytics® service to monitor and log Website traffic. At the suggestion of Google, Inc., the following pertains to the Google Analytics service:
"This website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and Internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above."
The above statement may be found in the Google Analytics Terms of Service New Window.
Online Privacy Policy Only
This online privacy policy applies only to information collected through our website and not to information collected offline.
Business Transaction
If TOLIS Group, Inc. is involved in a merger or acquisition or asset sale, your Personal Data may be transfered.
Security of Data
The security of your data is important to us. While no method of transmission is 100% secure, TOLIS Group uses commercially acceptable means to protect your Personal Data.
Your Consent
By using our site, you consent to our privacy policy.
If you are in the European Economic Area (EEA) you may request to amend, delete, or limit the use of your Personal Data where such deleting/limiting actions are able to be performed. You have the right to withdraw consent, and we will ask you to verify your identity in such a request.
Residents of California, USA - we collect data only related to the TOLIS Group products and your use of those products; such as your company name, your name, address, email address, phone, the product(s) you have downloaded/ordered/registered, and the computing environment you may be using those product in. We do not collect information based on other factors such as race, religion, sexual orientation, gender, age, identity, browsing history, search history, nor any other data not related to the TOLIS Group software or hardware product usage. You may request to amend, delete, or limit the use of your Personal Data where such deleting/limiting actions are able to be performed. You have the right to withdraw consent, and we will ask you to verify your identity in such a request.
Changes to our Privacy Policy
If we decide to change our privacy policy, we will post those changes on this page, and/or update the Privacy Policy modification date below. This Privacy Policy is subject to change without any form of notification to visitors, users, or customers.
This policy was last modified on January 9, 2020.
Contacting Us
If there are any questions regarding this privacy policy you may contact us using the information below.
TOLIS Group, Inc.
21630 N 19t Ave
Suites B12 & B13
Phoenix, AZ 85027
U.S.A.
Trademark List
The following is a list of TOLIS Group's trademarks and service marks.
When using the marks in publications that will be distributed only in the United States, include the appropriate ™, ℠, or ® symbol on first use. For publications that will be distributed outside the United States, do not include trademark symbols. Instead the appropriate trademark attribution notice should be used, for example: BRU and BRU Server are trademarks of TOLIS Group, Inc. in the U.S. and other countries.
TOLIS Group trademark's are adjectives, and cannot be made plural or possessive.
For more information on how to use TOLIS Group's trademarks, please contact our Trademark Department by email at brusales@tolisgroup.com.
The absence of a product or service name or logo from this list does not constitute a waiver of TOLIS Group's trademark or other intellectual property rights concerning that name or logo.
Registered Trademark Name Generic Term(s)
ArGest® - registered trademark software, tape and disk hardware
Trademark Name Generic Term(s)
bruAPP™ - backup appliance
bruAPP™/OS™ - backup appliance operating system
bruCLONE™ - disk cloning application
BRU™ - backup application
BRU-Pro™ - backup application
BRU Desktop™ - backup application
BRU Core™ - backup application
BRU LE™ - backup application
BRU Light Edition™ - backup application
BRU PE™ - backup application
BRU Producer's Edition™ - backup application
BRU Server™ - backup application
BRU Workstation™ - backup application
creativeSTORE™ - backup appliance
CLONE Watch™ - disk clone monitoring process
CRU™ - disk recovery application
TOLIS Group company name
TOLIS Tape Tools™ - tape control utilities
XBRU™ - backup application interface
Autobalancing™ - tape library utilization mechanism
AUTOSCAN™ - tape verification mechanism
Anytime Verify™ - backup archive verification method
BRUMenus/X™ - backup application interface
Doubler Archival Mode™ - tape write mechanism
SmartRestore™ - archive recovery mechanism
Service Mark Name Generic Term(s)
Software You Can Trust℠ - service description
Backup You Can Trust℠ - service description
Because It's The Restore That Matters℠ - service description
Never Leave Footage on the Cutting Room Floor℠ - service description
Credit Card Purchase/Payments Terms and Conditions
Credit Card Purchase/Payment Terms & Conditions
1. PARTIES TO THIS AGREEMENT AND DISCLAIMER
The parties to this agreement are the website or its owners, hereafter "TOLIS", and you, the prospective purchaser, hereafter "BUYER". Persons or entities who are not participants in this contract but who have an indirect relationship, such as a supplier, joint venture partner, membership organization, or sales affiliate, are herein described as "THIRD PARTY" or "THIRD PARTIES". The recipient of the product herein sold, where said product is ordered by and paid for by someone other than the recipient, is classified herein as if that recipient were the ordering BUYER with the same rights, duties, and obligations as the BUYER, but may also be referred to herein as 'RECIPIENT".
2. CREDIT CARD CHARGES AND CREDIT CARD FRAUD PENALTIES
Buyer warrants that he or she is over 18 years of age, not subject to the Child Online Privacy Act, of legal age to enter into contractual agreements in the state in which he is present when he makes this purchase, and is the true and authorized owner of the credit card used to make this purchase. Any Buyer who violates any of these requirements may be liable for civil or criminal prosecution and agrees to pay liquidated damages of an amount the equivalent of US$10,000 per fraudulent transaction, plus actual damages, and agrees that all information collected by this website may be used for prosecution and may be turned over to law enforcement agencies or to credit card companies and merchant service providers.
If the true and/or authorized owner of the credit card attempts to commit fraud upon TOLIS, he authorizes each and every credit card company or merchant service provider to disclose to TOLIS all information that could be construed as proof of credit card fraud.
Any Buyer who attempts to perpetrate a fraud upon TOLIS involving the use of a credit card herewith gives authorization for TOLIS to access all credit information about the Buyer from credit reporting agencies and also authorizes TOLIS to discover all relevant information from any source about the fraudulent practices of the Buyer and to reveal such information to credit reporting agencies, credit card companies, merchant service providers, and law enforcement agencies.
Buyer agrees that if he uses "trickery" or "gimmicks" to receive more than one refund, or if he causes a fraudulent dispute claim that results in a chargeback against the TOLIS account, that TOLIS is authorized to re-charge the Buyer's credit card that was used for the original purchase to the extent that will make TOLIS whole. Buyer agrees to, in addition to actual damages, pay to TOLIS liquidated damages of an amount equivalent to US$10,000 for every separate fraudulent action Buyer commits.
3. LIMITATION OF LIABILITY.
TOLIS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING UNDER THIS AGREEMENT OR IN CONNECTION WITH THE SOFTWARE, REGARDLESS OF WHETHER ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF TOLIS HEREUNDER EXCEED THE SUM OF ONE HUNDRED DOLLARS ($100), REGARDLESS OF THE CAUSE OF ACTION, IN TORT, CONTRACT OR OTHERWISE.
4. GENERAL.
Any action related to this Agreement shall be governed by the substantive laws of the State of Arizona, without regard to conflicts of law principles. The State and Federal courts located in Maricopa County, Arizona, shall have sole jurisdiction over any dispute arising hereunder, and the parties hereby consent to the personal jurisdiction of such courts. Neither this Agreement, nor any rights hereunder, may be assigned by operation of law or otherwise, in whole in part, by Client without the prior, written permission of TOLIS. Any sale of more than fifty percent (50%) of the common voting stock of, or other right to control, Client shall be deemed an assignment. Any purported assignment without such permission shall be void. Any waiver of any rights of TOLIS under this Agreement must be in writing, signed by TOLIS, and any such waiver shall not operate as a waiver of any future breach of this Agreement. In the event any portion of this Agreement is found to be illegal or unenforceable, such portion shall be severed from this Agreement, and the remaining terms shall be separately enforced. The parties agree that any breach or threatened breach of this Agreement by Client is likely to cause TOLIS damage that is not fully reparable by payment of damages, and further agree that in such case TOLIS shall be entitled to seek and obtain injunctive or other equitable relief to protect its rights hereunder. Client's performance hereunder and use of the Software shall at all times comply with all applicable laws, rules and regulations, including those governing export of technical information, and Client shall fully indemnify, defend and hold harmless TOLIS against any violation thereof. This Agreement is the entire agreement between the parties with respect to this subject matter, and supersedes any and all prior or contemporaneous, conflicting or additional communications, negotiations or agreements.
TOLIS Group Product Return Policy
Return Policy
1. ARGEST® POWERED BY BRU™ SOFTWARE
ArGest® powered by BRU™ Software has a 30 day free try before you buy demo period (the 30 day demo software options include ArGest® BRU Server™, ArGest® Backup, and BRU™ Core) and they are not returnable once purchased unless TOLIS Group Technical Support authorizes a return within the first 30 days of your purchase only. Outside of the 30 days, other special circumstances may be authorized by TOLIS Group support.
ArGest® Ingest and TOLIS Tape Tools™ restore tools are available for short term demo by request to our support department to test the restore ability of your pre-existing data by request from our technical support department. Because ArGest® Ingest and TOLIS Tape Tools™ are data restore tools, they are not returnable.
2. THIRD PARTY SOFTWARE
Third party software such as DAX, AXLE.AI, and CatDV are also available as demo software to test for their usefulness in your environment, and as such are non-cancel, non-return once ordered.
Your official TOLIS Group quote and ultimately your invoice will reflect the specific third party software items that are non-cancel/non-returnable once ordered, so please review these marked items before placing your order.
3. ARGEST® HARDWARE
Special order items such as the bruAPP™ Backup Appliance, RackMOD™ disk storage, and LTO library models TGL3480 and TGL6800 are not returnable. Fibre Channel items are special order and are not returnable.
Your official TOLIS Group quote and ultimately your invoice will reflect the specific hardware items that are non-cancel/non-returnable once ordered, so please review these marked items before placing your order.
All other ArGest® hardware items not specifically marked as non-cancel/non-return on your quote/invoice must be approved by TOLIS Group Technical support for return within 7 days of purchase, and are subject to a restocking fee of 5%-25%.
Shipping charges are never refundable, and these items must be returned to TOLIS Group in condition for resale.
Any guidance or direction TOLIS Group provides to you will only be based on the information provided by you to us as our customer. Many factors in your environment are unknown to TOLIS Group and can affect advice, problems, outcomes, or recommended solutions. TOLIS Group cannot and will not accept any culpability or responsibility due to potential omissions. Also, be advised that technology changes. As a result of these changes in technology, products you are using might be affected both directly and indirectly. TOLIS Group cannot and will not be responsible or liable for any consequences that can occur due to any change in technology, or in conjunction with the use of information provided by TOLIS Group under these circumstances. Proceeding with communications, orders, and interactions between yourself and TOLIS Group is indication that you understand and agree with this statement.
Copyright 2001-2020. All trademarks, tradenames, service marks, and registered marks are the property of their respective owners.