PC World 2008 April/PCWorld_2008-04_cd.bin/v cisle/allwaysync/allwaysync-7-0-1.exe/{app}/License-en.txt

Text File | 2007-12-19 | 10.1 KB | 211 lines

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

Usov Lab ("Developer") grants you ("Customer") a license to use Allway Sync,
Allway Sync 'n' Go or Allway Sync 'n' Go U3 ("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 for evaluation purposes
only.

Non-Profit Customer is defined as a customer who uses Allway Sync
in a non-commercial environment for non-profit activity.
All Customers who use Allway Sync in a commercial, business or government
setting, or in a military institution, or when engaged in profitable
activity at home are not Non-Profit Customers for the purposes of this
agreement. Customers who are students of accredited universities
and high schools are classified as Non-profit Customers even if
their school or university is owned and operated by a government.

Customer agrees that Allway Sync Free has certain limitations and
that these limitations may change over time without notice
or obligation on the part of Developer. Currently, these
limitations allow Customer to synchronize no more than 20,000 files
per 30-day period.


II. LICENSE FOR ALLWAY SYNC PRO VERSION

Customer may acquire Pro verions of Allway Sync, Allway Sync 'n' Go
or Allway Sync 'n' Go U3 ("Allway Sync Pro") from Developer's website
or from other distribution channels.

Customer who acquires a license for Pro version of Allway Sync is granted
a nonexclusive license to install and run this software on a single computer only.

Customer who acquires a license for Pro version of Allway Sync 'n' Go is
granted a nonexclusive license to install this software on a single removable
device only and run it from the removable device on multiple computers.

Customer who acquires a license for Pro version of Allway Sync 'n' Go U3
is granted a nonexclusive license to install this software on a single
U3-enabled device only and run it from the U3-enabled device on multiple computers.

However, Allway Sync Pro 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 any Allway Sync Pro license to other parties.

LICENSE ACTIVATION: Customer hereby acknowledges and accepts that the Allway
Sync Pro activation process may be used to enforce provisions of this Agreement
that allow the use of one Allway Sync Pro license only on one computer or
removable device. Customer agrees to the activation process for Allway Sync
Pro during which the manual entry of an activation code may be required.
Developer may supply Customer with an activation code, which is bundled with
Customer's hardware Allway Sync is installed on. Customer agrees to provide
Developer with a 64-bit hardware identifier calculated by Allway Sync installation
when requested by Developer. Customer may send this hardware identifier to
Developer by e-mail, submit via a web form on Develper's website or transmit in
on-line activation process implemented by Allway Sync when it's available.

ALLWAY SYNC PRO USERS MANAGEMENT SYSTEM: Personal data
of customers that purchase Allway Sync Pro is stored in
the Pro Users Management System (PUMS).
Only the data that customers or their agents enter into
the Allway Sync Pro purchase web page are stored in the PUMS 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 the e-mail and postal addresses stored in PUMS.

REFUNDS: Developer will refund the full amount paid
for a license of Allway Sync Pro if:
- The refund request is received by Developer within 60 days
  of the date of purchase of Allway Sync Pro by Customer, and
- Customer provides Proof of Purchase,
  which can be the original e-mail receipt for Allway Sync Pro,
  credit card or bank statement showing Allway Sync Pro purchase.

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, to 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 Customer discretion Allway Sync may automatically check
Developer's server (http://syncapp.com) for new versions and
security patches approximately once a week. If it finds a version
that is newer than the version that is currently installed, Allway Sync will
suggest that Customer upgrades to the more recent version.
The checking of new version is limited to the
following technical data to be transmitted to Developer's server:
current Allway Sync version on the user's machine, a randomly generated
128-bit session ID and set of standard HTTP headers. 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.
DEVELOPER DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN ALLWAY SYNC WILL MEET CUSTOMER'S
REQUIREMENTS OR OPERATE IN AN ENVIRONMENT CREATED
EITHER BY CUSTOMER OR ANY THRID PARTY 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 CUSTOMER.

LIMITATION OF LIABILITY: NEITHER 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 EITHER BY CUSTOMER OR ANY THIRD PARTY, EVEN IF
DEVELOPER HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.

TERMINATION: This License is effective until terminated.
Customer may terminate this Agreement at any time by uninstalling
Allway Sync and deleting all its files. This License will
terminate immediately without notice from Developer
if Customer fails to comply with any provision of this License.
Upon termination or expiration of this License Customer 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 has 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 the use or function of 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 Developer.

CUSTOMER HEREBY ACKNOWLEDGES THAT CUSTOMER HAS READ
THIS AGREEMENT, UNDERSTANDS IT AND AGREES TO BE BOUND
BY ITS TERMS AND CONDITIONS.