BeInSync Pro 3.2.53

EULA - End User License Agreement

BEFORE DOWNLOADING AND/OR INSTALLING THE SOFTWARE AND SERVICE KNOWN AS “BEINSYNC”, INCLUDING ANY UPDATES OR NEW RELEASES (EACH TERM AS HEREINAFTER DEFINED) THERETO (THE "SOFTWARE") YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS:
BY CLICKING "NEXT" AND/OR BY INSTALLING AND/OR USING THE SOFTWARE, YOU ARE AGREEING TO THE TERMS AND CONDITIONS OF THIS END-USER LICENSE AGREEMENT ("EULA").
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "NEXT", DO NOT INSTALL OR USE THE SOFTWARE IN ANY MANNER WHATSOEVER, AND PROMPTLY DELETE IT FROM YOUR COMPUTER OR RETURN IT TO BeInSync, AS APPLICABLE.
This Agreement has 3 sections:
Section I applies if you are downloading or using the Software free of charge.
Section II applies if you have purchased a license to the Software.
Section III applies to all grants of license.
SECTION II -- APPLICABLE TERMS WHEN LICENSE FEE PAID
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1. License Grant.
Subject to the terms and conditions specified hereunder, and subject to payment of the applicable yearly, two year or one-time license fees, BeInSync hereby grants to you, and you accept, a nonexclusive, non-transferable, revocable, personal license, for the specified period, to install and use the Software in machine-readable, object code form only, and solely in the manner described herein and in any accompanying documentation provided to you by BeInSync in connection with your purchase. Any references to “sale” or “purchase” of the Software refer merely to the media upon which the Software resides, and not to the Software itself, which is only licensed hereunder and not sold. The Software may not be used by a number of users exceeding the number of users for which a license was granted in the purchase order. Each license grants a user the right to install the Software on up to five (5) PCs. If you wish to make the Software available for additional users, additional licenses must be purchased.
2. Limitation of Warranty.
BeInSync warrants, for your benefit alone, that for a period of thirty (30) days from the date of obtaining the Software (referred to as the "Warranty Period"), the Software, if operated as directed, shall operate substantially in accordance with the functional specifications in the documentation. BeInSync does not warrant, however, that your use of the Software will be uninterrupted or that the operation of the Software will be error-free or secure. BeInSyncs sole liability for any breach of this warranty shall be, in BeInSyncs sole discretion: (i) to replace or repair your defective Software; or (ii) to refund the price paid by you for the Software. Any replacement or repaired Software will be warranted for thirty (30) days. Only if you inform BeInSync in writing of your problem with the Software during the applicable Warranty Period and provide evidence of the date on which you purchased a license to the Software, will BeInSync be obligated to honor this warranty. BeInSync will use reasonable commercial efforts to repair, replace or refund pursuant to the foregoing warranty within thirty (30) days of being so notified in accordance with this EULA. You agree that the foregoing constitutes your sole and exclusive remedy for breach by BeInSync of any warranties made under this EULA.
EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE SOFTWARE AND THE DOCUMENTATION ARE LICENSED "AS IS", AND BeInSync DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES RIGHTS; NO BeInSync DEALER, DISTRIBUTOR, RESELLER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY.
If any modifications are made to the Software by you during the warranty period; if the media is subjected to accident, abuse, or improper use; or if you violate the terms of this EULA, then this warranty shall immediately be terminated. This warranty shall not apply if the Software is used on or in conjunction with hardware or Software other than the unmodified version of hardware and Software with which the Software was designed to be used as described in the documentation.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
SECTION III -- TERMS APPLICABLE TO ALL GRANTS OF LICENSE
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1. Limitations.
You may not: (i) modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software; (ii) rent or lease the Software; (iii) access or allow the Software to be accessed in any manner that constitutes illegal file sharing or that contravenes any applicable law or ordinance limiting the downloading or sharing of
software files; or (iv) install or use the Software other then at set forth in the user guide published on BeInSyncs web site. Any violations of the above restrictions shall automatically revoke your license.
Backup: You may copy the Software on diskettes, tape or other electronic media for the sole purpose of backup. Any such copies of the Software shall include BeInSyncs copyright and other proprietary notices. All copies you make are subject to the terms and conditions of this license agreement.
2. Maintenance and Support.
In the event you purchase BeInSyncs annual maintenance and support from BeInSync, and subject to BeInSyncs receipt of the associated fees, you will receive Software updates and bug fixes ("Updates") and applicable optional online storage services (“Online Services”) from BeInSync as they are made commercially available during the period for which you have purchased maintenance and support.
During a period for which you have purchased maintenance and support, you will be granted access to email support, wherein BeInSync will endeavor to respond to your e-mail inquiries regarding Software functionality and "trouble shooting" within forty-eight (48) hours. In addition BeInSync may make available to you for an extra charge, Software upgrades and major enhancements, including new versions of the Software ("New Releases").
In the event you purchase a BeInSync perpetual license, and subject to BeInSyncs receipt of the associated fees, you will be eligible for Updates an support services as detailed hereinabove, and to New Releases and Online Services for a period of 24 months following the purchase date.
3. Intellectual Property.
All rights, title and interest in and to the Software, and any backup copy made thereto, and/or any modifications, corrections, revisions, enhancements or upgrades thereto, including all connected/related/associated intellectual property rights (including without limitation, copyrights, trade secrets and trademarks), in and to the Software are and shall remain BeInSyncs. You agree that the Software is the confidential information and proprietary property of BeInSync, that it is distributed only subject to restricted disclosure and that BeInSync does not, and will not, convey to you an interest in or to the Software, or any part thereof, but only a limited right of use strictly in accordance with the terms of this EULA, and that nothing herein shall be construed as a waiver by BeInSync of its foregoing intellectual property rights under any law. You may not copy the documentation and/or any part thereof. To the extent that you have breached or have indicated your intention to breach this EULA in any manner that violates or may violate BeInSyncs intellectual property rights, or may cause continuing or irreparable harm to BeInSync (including, but not limited to, any breach that may impact BeInSyncs intellectual property rights, or a breach by reverse engineering), BeInSync may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction.
4. Termination.
Without prejudice to any other rights, BeInSync may terminate this EULA upon the breach by you of any term hereof. Upon such termination by BeInSync, you agree to destroy, or return to BeInSync the Software, the documentation and all copies and portions thereof. The following Paragraphs of this Section III will survive termination for any reason: 1 (Limitations), 3 (Intellectual Property), 5 (Limitation of Liability), 6 (Export Controls), 7 (Third-Party Software), 8 (Privacy Policy) and 9 (Miscellaneous). In addition to the foregoing, should you be granted a License pursuant to Section I then Section I, Paragraph 2 (Disclaimer of Warranty) will survive termination.
5. Limitation of Liability.
BEINSYNCS CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FORM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS EULA SHALL NOT EXCEED THE LICENSE FEE PAID TO BEINSYNC FOR THE USE OF THE SOFTWARE DURING THE PRECEDING ONE YEAR PERIOD, IF ANY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL BEINSYNC OR ITS SUPPLIERS OR RESELLERS OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS INFORMATION, DAMAGES FOR PERSONAL INJURY OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES AND THIS DISCLAIMER SHALL APPLY EVEN IF THE EXPRESS WARRANTY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL BEINSYNC BE LIABLE FOR ANY SUCH DAMAGES EVEN IF BeInSync SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
THE SOFTWARE AND SERVICE ARE NOT INTENDED FOR USE IN CONNECTION WITH ANY NUCLEAR, AVIATION, MASS TRANSIT, OR MEDICAL APPLICATION OR ANY OTHER INHERENTLY DANGEROUS APPLICATION THAT COULD RESULT IN DEATH, PERSONAL INJURY, CATASTROPHIC DAMAGE, OR MASS DESTRUCTION, AND LICENSEE AGREES THAT LICENSOR WILL HAVE NO LIABILITY OF ANY NATURE AS A RESULT OF ANY SUCH USE OF THE SOFTWARE.
6. Changes to the Service
BeInSync reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, including without limitation the availability of any feature of the Software, the bandwidth and storage allotted on your behalf either cumulatively or for any particular service, hours of availability, effective with or without prior notice; provided, however, that material changes (as determined in BeInSync’s sole and absolute discretion) will be disclosed as follows: BeInSync will provide you with notification of any such changes to the Software through a patch process, or by email, or website posting. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Software. Your continued use of the Software following any revision to this Agreement constitute your complete and irrevocable acceptance of any and all such changes. BeInSync may change, modify, suspend, or discontinue any aspect of the Software at any time. BeInSync may also impose limits on certain features or restrict your access to parts or all of the Software without notice or liability.
7. Export Controls.
The Software may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Departments list of Specially Designated Nationals or the U.S. Commerce Departments Table of Denial Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
8. Acceptable Use and Conduct
You are solely responsible for your conduct and your data related to the Software. You agree to indemnify, defend, and hold harmless BeInSync, its subsidiaries and its suppliers from any and all loss, cost, liability, and expense arising from or related to your data, your use of the Software, or your violation of these terms.
The Software is made available to you only for your personal use, which use must be in compliance with all applicable laws, rules and regulations and must not infringe or violate third party rights. You may not make commercial use of the Software or service, including but not limited to selling or distributing the Software and/or Service to any third party.
Any unauthorized use of any BeInSync computer system is a violation of this Agreement and certain federal and state laws. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties.
9. Third Party Software.
The Software contains software provided by third parties. Unless otherwise explicitly set forth in Exhibit A the restrictions contained in this Agreement, including the above disclaimers of warranty, shall apply to all such third party software providers and third party software as if they were BeInSync and the Software, respectively. In addition, you may be subject to additional limitations by the software producers set forth on Exhibit A attached hereto. Please refer to Exhibit A for a listing of such software producers and the URL’s to their respective software licenses. However, please note that Exhibit A may not be exhaustive and that BeInSync reserves the right, at any time to incorporate additional software producers or to delete items from Exhibit A. If you have any questions or desire additional information regarding your rights and limitations pursuant to Exhibit A, please contact us at support@beinsync.com.
10. Privacy Policy.
All conduct and communications derived from or related to your relationship with BeInSync and your use of the Software pursuant to this EULA are governed by BeInSyncs Privacy Policy [www.beinsync.com/privacy_policy.php]. By clicking the "NEXT" button below, you acknowledge that you have read the Privacy Policy and that you agree to the terms set forth in such policy. Your agreement to the Privacy Policy is a precondition to the License granted pursuant to this EULA.
11. Miscellaneous
11.1 Governing Law and Jurisdiction.
This EULA is governed only by the law of the State of Israel and the courts of the State of Israel residing in Tel Aviv shall have sole and exclusive jurisdiction over all matters arising and/or concerning and/or in connection with this EULA, unless otherwise permitted with respect to BeInSyncs protection of its Intellectual Property rights as set forth in Section III, Paragraph 3 herein. This EULA will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
11.2 Statute of Limitations.
Any cause of action arising out of or related to this EULA must be brought by you no later than one (1) year after the cause of action has occurred.
11.3 Severability.
If any provision, or part thereof, of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such reform shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.
11.4 Complete Agreement.
This EULA shall constitute the complete and exclusive agreement between us, notwithstanding any other written instrument submitted by you, whether formally rejected by BeInSync or not. Nevertheless, if the copy of the Software you received was accompanied by a printed or other form of "hard-copy" End User License Agreement whose terms vary from this Agreement, then the hard-copy End User License Agreement governs your use of the Software.
I HAVE READ AND UNDERSTOOD THIS EULA AND AGREE TO BE BOUND BY ALL OF ITS TERMS.
Exhibit A
Third Party License Agreements
The following are the third party software providers whose software is contained within the Software (hereinafter “Third Party Software”):
1. PHP. This product includes PHP, which is freely available from:
http://www.php.net/releases.php and which is licensed under the PHP License,
version 4.3.2. PHP is copyright © 1999 - 2002 The PHP Group. All rights reserved.
2. OpenSSL. This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (version 0.9.7g), which is freely available from: http://www.openssl.org/source/ and which is licensed under the license to be found at http://www.openssl.org/ OpenSSL is copyright © 1995-1998 Eric Young (eay@cryptsoft.com) All rights reserved.
3. Apache. This product includes software licensed under the Apache License, Version 2.0 which is freely available from:
http://off.co.il/apache/httpd/httpd-2.0.55-win32-src.zip and which is licensed under the license to be found at http://www.apache.org/licenses/LICENSE-2.0
4. rsync. This product includes Librsync.dll which is freely available from: https://sourceforge.net/project/showfiles.php?group_id=56125 and which is licensed under the terms of the GNU Lesser General Public License (LGPL), as published by the Free Software Foundation, which is to be found at http://www.gnu.org/copyleft/lesser.html. Librsync.dll is copyright (C) 1997-2001
by Martin Pool, Andrew Tridgell and others.
5. Firebird. This product includes Firebird version 1.5.3, which is freely available from:
http://sourceforge.net/projects/firebird/ and which is licensed under the terms of the InterBase Public License, to be found at http://www.freebsd.org/copyright/freebsd-license.html and/or the Initial Developers Public License, to be found at http://www.ibphoenix.com/main.nfs?a=ibphoenix&page=ibp_ipl The original code was created by InterBase Software Corp and its successors. Portions created by Borland/Inprise are copyright © Borland/Inprise. All Rights Reserved.
6. IBPP. This product includes IBPP, which is freely available from: http://www.beinsync.com/downloads/ibpp/ibpp_source.zip and which is licensed under the terms of the Mozilla Public License Version 1.0, to be found at http://www.mozilla.org/MPL/ copyright © 2000 T.I.P Group S.A. All Rights Reserved.
7. MD5. This product includes MD5 Message-Digest Algorithm, which is freely available from:
[http://www.faqs.org/rfcs/rfc1321.html]. MD5 is copyright © 1991-2, RSA Data Security, Inc. Created 1991. All rights reserved.
8. zlib. This product includes zlib, which is freely available from: http://www.zlib.net/ ,
and which is licensed under the license to be found at http://www.zlib.net/zlib_license.html .
9. "Candeos CXP SDK" read the associated EULA included in Exhibit B;
THIRD PARTY SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE THIRD PARTY SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE THIRD PARTY SOFTWARE IS WITH YOU. SHOULD ANY THIRD PARTY SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING,
REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY THIRD PARTY SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.