IMPORTANT: YOU SHOULD CAREFULLY READ THIS LEGAL AGREEMENT BEFORE INSTALLING THIS PACKAGE. BY INSTALLING SYNCURE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND AGREE THAT YOU WILL BE LEGALLY BOUND BY THEM. IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE TO YOU, DO NOT CONTINUE TO INSTALL THIS SOFTWARE.
SYNCURE LICENSE TERMS
Synctoy developer ("Developer") grants you ("Customer") a license to use Synctoy and it's documentation ("Synctoy"), subject to the separate, applicable provisions below.
For purposes of the provisions contained below, the term "Customer" shall also apply to Non-Profit Customers as defined below, unless expressly stated otherwise.
I. LICENSE FOR FREE VERSION OF SYNCURE (SYNCURE FREE)
Non-Profit Customers (but not other Customers) are allowed to use Synctoy for free, subject to limitations as described below. All other Customers are allowed to use Synctoy Free for thirty days period for evaluation purpose only. Also all Customers are allowed to use Synctoy Free temporary on a computer owned by a third-party for a period up to seven days since first install without any other litimations.
Non-Profit Customer is defined as a customer who uses Synctoy in non-commercial environment for non-profit activity. All Customers who use Synctoy in a business, government, military, religious institution or when doing profit activity at home are not Non-Profit Customers for the purposes of this agreement. Customers that are students of accredited universities and high schools are classified as Non-profit Customers even if a school or university is owned and operated by a government.
Customer agrees that Synctoy Free has certain limitations, that these limitations may change over time without notice or obligation on the part of Developer. These limitations are described at http://www.syncapp.com/freelimit.html and are incorporated into this Agreement by reference. It is the Non-Profit Customer's responsibility to review these limitations and abide by them. The Nonprofit Customer agrees to be legally bound by these limitations when using Synctoy Free.
II. LICENSE FOR SYNCURE PRO VERSION
Customer who purchased a license for Synctoy Pro is granted a nonexclusive license to use Synctoy Pro on a single computer only.
If a Customer has several computers, Customer shall purchase additional Synctoy Pro licenses for each computer that Customer installs Synctoy Pro on. However, Customer is allowed to synchronize data with a remote computer (using a network drive) without obtaining a license for that computer.
Customer shall not use Synctoy Pro for commercial timesharing. Customer shall not rent Synctoy Pro license to other parties.
LICENSE ACTIVATION: Customer hereby agrees to activation process for Synctoy Pro in which manual entry of activation code is required. Customer also agrees that Synctoy Pro activation process may be used to enforce provision of this Agreement that allows use of one Synctoy Pro license only on one computer.
SYNCURE PRO USERS MANAGEMENT SYSTEM: Personal data of customers that purchase Synctoy Pro is stored in Pro Users Management System (PUMS). Only the data that customers or their agents enter into the Synctoy Pro purchase web page is stored in the database.
Customer hereby allows Developer to store this data on Developer's server. This data shall be used for purchase tracking, reactivation of Synctoy Pro licenses, refund and chargeback tracking and other customer service purposes.
Customer allows Developer to send infrequent product update newsletters and promotional offers to e-mail and postal addresses stored in PUMS.
REFUNDS: Developer will refund the full amount paid for Synctoy Pro license if:
- The refund request is received by Developer within 30 days of the date of purchase of Synctoy Pro by Customer, and
- Customer provides Proof of Purchase, which is the original e-mail receipt for Synctoy Pro, and
- Developer is able to locate Customer in the Pro Users Database (PUMS) using the data provided by Customer.
III. GENERAL PROVISIONS FOR SYNCURE FREE AND PRO
Customer shall not remove any product identification, copyright notices, or other notices or proprietary restrictions from Synctoy.
Customer shall not cause or permit reverse engineering, disassembly, or decompilation of Synctoy.
COPYRIGHT/OWNERSHIP OF PROGRAM: Synctoy is the proprietary product of Developer and its licensors and it is protected by copyright, trade secret and other intellectual property laws.
Customer acquires only the right to use Synctoy and does not acquire any rights, express or implied, in Synctoy or media containing Synctoy other than those specified in this License.
Developer, or its licensor, shall at all times retain all rights, title, interest, including intellectual property rights, in Synctoy and media.
TRANSMISSION OF DATA IN AUTOUPDATE: At user discretion Synctoy may automatically check Developer's server http://syncapp.com for its new version and security patches approximately once a week. If it finds a version that is newer than the version that you have, Synctoy will offer you to upgrade. The checking of new version is limited to the following technical data to be transmitted to Synctoy developer server: current Synctoy version on the user's machine and a randomly generated 128-bit session ID. Customer hereby allows such transmissions to occur.
NO WARRANTIES OF ANY KIND: SYNCURE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SYNCURE DEVELOPER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SYNCURE WILL MEET YOUR REQUIREMENTS OR OPERATE IN AN ENVIRONMENT CREATED BY YOU OR THAT THE OPERATION OF SYNCURE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT SYNCURE ERRORS WILL BE CORRECTED. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SYNCURE IS WITH YOU.
LIMITATION OF LIABILITY: NEITHER SYNCURE DEVELOPER NOR ANY OF ITS LICENSORS SHALL BE LIABLE FOR ANY DAMAGES CAUSED BY SYNCURE INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, LOSS OF SAVINGS, REVENUE, DATA, INCURRED BY CUSTOMER OR ANY THIRD PARTY, EVEN IF SYNCURE DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TERMINATION: This License is effective until terminated. You may terminate this Agreement at any time by uninstalling Synctoy and deleting all its files. This License will terminate immediately without notice from Synctoy developer if you fail to comply with any provision of this License. Upon termination or expiration of this License you must uninstall Synctoy and delete all its files.
EXPORT LAW ASSURANCE: Customer shall comply fully with all laws and regulations of the United States and other countries (Export Laws) to assure that neither Synctoy, nor any direct products thereof are Exported, directly or indirectly, in violation of Export Laws, or are used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation. If Synctoy have been rightfully obtained by you outside of the United States, you agree that you will not re-export Synctoy nor any other technical data received, 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 Synctoy.
JURISDICTION AND DISPUTES: This Agreement shall be governed by the laws of Virginia. All disputes hereunder shall be resolved in the applicable state or federal courts of Virginia. The parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available. In any litigation arising out of this Agreement or related to use or function of Synctoy, Synctoy developer shall be entitled to all legal costs and attorney's fees incurred in mediation, arbitration, suit and on appeal.
SEVERABILITY: If for any reason a court of competent jurisdiction finds any provision of this License or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this License shall continue in full force and effect.
COMPLETE AGREEMENT: This License constitutes the entire agreement between the parties with respect to the use of Synctoy and the related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of Synctoy developer.
CUSTOMER HEREBY ACKNOWLEDGES THAT CUSTOMER HAS READ THIS AGREEMENT, UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.