GoodSync 12.6.2

EULA - End User License Agreement

GOODSYNC END USER SOFTWARE LICENSE AGREEMENT
IMPORTANT: YOU SHOULD CAREFULLY READ THIS
LEGAL AGREEMENT BEFORE INSTALLING THIS PACKAGE.
BY INSTALLING GoodSync, 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.
GoodSync LICENSE TERMS
Siber Systems Inc. ("Siber") grants you ("Customer")
a license to use GoodSync and its documentation
("GoodSync"), 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 GoodSync (GoodSync FREE)
Non-Profit Customers (but not other Customers) are allowed
to use GoodSync for free, subject to limitations
as described below. All other Customers are allowed to use
GoodSync Free for thirty days for evaluation purposes
only.
Non-Profit Customer is defined as a customer who uses GoodSync
in a non-commercial environment for non-profit activity.
All Customers who use GoodSync 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 GoodSync Free has certain limitations and
that these limitations may change over time without notice
or obligation on the part of Siber. Currently, these
limitations allow Customer to synchronize no more than 20,000 files
per 30-day period.
II. LICENSE FOR GoodSync PRO VERSION
A Customer who acquires a license for GoodSync Pro is granted a
nonexclusive license to use GoodSync Pro on a single computer only.
If a Customer has several computers, said Customer shall purchase
additional GoodSync Pro licenses for each computer on which
Customer installs GoodSync. However, said 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 GoodSync Pro for commercial timesharing.
Customer shall not rent any GoodSync Pro license to other parties.
LICENSE ACTIVATION: Customer hereby agrees to the activation process
for GoodSync Pro during which the manual entry of an activation code
is required. Customer also agrees that the GoodSync Pro activation
process may be used to enforce provisions of this Agreement that allow
the use of one GoodSync Pro license only on one computer.
GoodSync PRO USERS MANAGEMENT SYSTEM: Personal data
of customers that purchase GoodSync Pro is stored
in the Pro Users Management System (PUMS).
Only the data that customers or their agents enter into
the GoodSync Pro purchase web page are stored in the PUMS database.
Customer hereby allows Siber to store this data on Siber's server.
This data shall be used for purchase tracking, reactivation
of GoodSync Pro licenses, refund and chargeback tracking
and other customer service purposes.
Customer allows Siber to send infrequent product
update newsletters and promotional offers
to the e-mail and postal addresses stored in PUMS.
REFUNDS: Siber will refund the full amount paid
for a license of GoodSync Pro if:
- The refund request is received by Siber within 30 days
of the date of purchase of GoodSync Pro by Customer, and
- Customer provides Proof of Purchase,
which is the original e-mail receipt for GoodSync Pro.
III. GENERAL PROVISIONS FOR GoodSync FREE AND PRO
Customer shall not remove any product identification, copyright
notices, or other notices or proprietary restrictions from
GoodSync.
Customer shall not cause or permit reverse engineering,
disassembly, or decompilation of GoodSync.
COPYRIGHT/OWNERSHIP OF PROGRAM: GoodSync is the proprietary
product of Siber and its licensors and it is protected
by copyright, trade secret and other intellectual property laws.
Customer acquires only the right to use GoodSync and does not
acquire any rights, express or implied, to GoodSync or media
containing GoodSync other than those specified in this License.
Siber, or its licensor, shall at all times retain all rights,
title, interest, including intellectual property rights,
in GoodSync and media.
TRANSMISSION OF DATA IN AUTOUPDATE:
At Customer discretion GoodSync may automatically check
Siber's server (https://www.GoodSync.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,
GoodSync 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 Siber's server:
current GoodSync version on the user's machine and
related technical data.
Customer hereby allows such transmissions to occur.
NO WARRANTIES OF ANY KIND: GoodSync 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.
Siber DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN GoodSync WILL MEET CUSTOMER'S
REQUIREMENTS OR OPERATE IN AN ENVIRONMENT CREATED
EITHER BY CUSTOMER OR ANY THRID PARTY OR THAT THE
OPERATION OF GoodSync WILL BE UNINTERRUPTED OR ERROR
FREE OR THAT GoodSync ERRORS WILL BE CORRECTED.
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
OF GoodSync IS WITH CUSTOMER.
LIMITATION OF LIABILITY: NEITHER SIBER NOR
ANY OF ITS LICENSORS SHALL BE LIABLE FOR ANY DAMAGES
CAUSED BY GoodSync 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 Siber 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
GoodSync and deleting all its files. This License will
terminate immediately without notice from Siber
if Customer fails to comply with any provision of this License.
Upon termination or expiration of this License Customer must
uninstall GoodSync 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 GoodSync, 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 GoodSync has been rightfully obtained by you
outside of the United States, you agree that you will not re-export
GoodSync 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 GoodSync.
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 GoodSync, Siber
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 GoodSync 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 Siber.
CUSTOMER HEREBY ACKNOWLEDGES THAT CUSTOMER HAS READ
THIS AGREEMENT, UNDERSTANDS IT AND AGREES TO BE BOUND
BY ITS TERMS AND CONDITIONS.