ALLWAY SYNC END USER SOFTWARE LICENSE AGREEMENT IMPORTANT: YOU SHOULD CAREFULLY READ THIS LEGAL AGREEMENT BEFORE INSTALLING THIS PACKAGE. BY INSTALLING ALLWAY SYNC 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. ALLWAY SYNC LICENSE TERMS Allway Sync developer ("Developer") grants you ("Customer") a license to use Allway Sync and it's documentation ("Allway Sync"), 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 ALLWAY SYNC (ALLWAY SYNC FREE) Non-Profit Customers (but not other Customers) are allowed to use Allway Sync for free, subject to limitations as described below. All other Customers are allowed to use Allway Sync Free for thirty days period for evaluation purpose only. Also all Customers are allowed to use Allway Sync 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 Allway Sync in non-commercial environment for non-profit activity. All Customers who use Allway Sync 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 Allway Sync 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 Allway Sync Free. II. LICENSE FOR ALLWAY SYNC PRO VERSION Customer who purchased a license for Allway Sync Pro is granted a nonexclusive license to use Allway Sync Pro on a single computer only. If a Customer has several computers, Customer shall purchase additional Allway Sync Pro licenses for each computer that Customer installs Allway Sync 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 Allway Sync Pro for commercial timesharing. Customer shall not rent Allway Sync Pro license to other parties. LICENSE ACTIVATION: Customer hereby agrees to activation process for Allway Sync Pro in which manual entry of activation code is required. Customer also agrees that Allway Sync Pro activation process may be used to enforce provision of this Agreement that allows use of one Allway Sync Pro license only on one computer. ALLWAY SYNC PRO USERS MANAGEMENT SYSTEM: Personal data of customers that purchase Allway Sync Pro is stored in Pro Users Management System (PUMS). Only the data that customers or their agents enter into the Allway Sync 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 Allway Sync 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 Allway Sync Pro license if: - The refund request is received by Developer within 30 days of the date of purchase of Allway Sync Pro by Customer, and - Customer provides Proof of Purchase, which is the original e-mail receipt for Allway Sync Pro, and - Developer is able to locate Customer in the Pro Users Database (PUMS) using the data provided by Customer. III. GENERAL PROVISIONS FOR ALLWAY SYNC FREE AND PRO Customer shall not remove any product identification, copyright notices, or other notices or proprietary restrictions from Allway Sync. Customer shall not cause or permit reverse engineering, disassembly, or decompilation of Allway Sync. COPYRIGHT/OWNERSHIP OF PROGRAM: Allway Sync 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 Allway Sync and does not acquire any rights, express or implied, in Allway Sync or media containing Allway Sync 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 Allway Sync and media. TRANSMISSION OF DATA IN AUTOUPDATE: At user discretion Allway Sync 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, Allway Sync will offer you to upgrade. The checking of new version is limited to the following technical data to be transmitted to Allway Sync developer server: current Allway Sync 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: ALLWAY SYNC 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. ALLWAY SYNC DEVELOPER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ALLWAY SYNC WILL MEET YOUR REQUIREMENTS OR OPERATE IN AN ENVIRONMENT CREATED BY YOU OR THAT THE OPERATION OF ALLWAY SYNC WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ALLWAY SYNC ERRORS WILL BE CORRECTED. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF ALLWAY SYNC IS WITH YOU. LIMITATION OF LIABILITY: NEITHER ALLWAY SYNC DEVELOPER NOR ANY OF ITS LICENSORS SHALL BE LIABLE FOR ANY DAMAGES CAUSED BY ALLWAY SYNC 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 ALLWAY SYNC 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 Allway Sync and deleting all its files. This License will terminate immediately without notice from Allway Sync developer if you fail to comply with any provision of this License. Upon termination or expiration of this License you must uninstall Allway Sync 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 Allway Sync, 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 Allway Sync have been rightfully obtained by you outside of the United States, you agree that you will not re-export Allway Sync 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 Allway Sync. 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 Allway Sync, Allway Sync 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 Allway Sync 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 Allway Sync developer. ALLWAY SYNC WEB SITE: Allway Sync web site does not use cookies to track users. However, Allway Sync affiliates and advertisers may use cookies that allow Developer to track who referred a customer to our web sites. CUSTOMER HEREBY ACKNOWLEDGES THAT CUSTOMER HAS READ THIS AGREEMENT, UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.