*** END USER LICENSE AGREEMENT ***
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
By receiving, opening the file package, and/or using Acrosync for Windows("Software") containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by Acrosync LLC your use of Acrosync for Windows indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Acrosync LLC grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Acrosync for Windows in accordance with this Agreement and any other written agreement with Acrosync LLC. Acrosync LLC does not transfer the title of Acrosync for Windows to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Acrosync LLC and the purchasers or users of Acrosync for Windows.
If you do not agree to be bound by this agreement, remove Acrosync for Windows from your computer now and, if applicable, promptly return to Acrosync LLC by mail any copies of Acrosync for Windows and related documentation and packaging in your possession.
Acrosync for Windows and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of Acrosync for Windows contact Acrosync LLC.
Your license to use Acrosync for Windows is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Acrosync for Windows.
You shall use Acrosync for Windows in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Acrosync for Windows together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of Acrosync for Windows may be used on one single computer location by one user. Use of Acrosync for Windows means that you have loaded, installed, or run Acrosync for Windows on a computer or similar device. If you install Acrosync for Windows onto a multi-user platform, server or network, each and every individual user of Acrosync for Windows must be licensed separately.
You may make one copy of Acrosync for Windows for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of Acrosync for Windows . The assignment, sublicense, networking, sale, or distribution of copies of Acrosync for Windows are strictly forbidden without the prior written consent of Acrosync LLC. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Acrosync for Windows. If any person other than yourself uses Acrosync for Windows registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Acrosync for Windows. Nor can you create any derivative works or other works that are based upon or derived from Acrosync for Windows in whole or in part.
Acrosync LLC's name, logo and graphics file that represents Acrosync for Windows shall not be used in any way to promote products developed with Acrosync for Windows . Acrosync LLC retains sole and exclusive ownership of all right, title and interest in and to Acrosync for Windows and all Intellectual Property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of Acrosync for Windows, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Acrosync LLC.You will indemnify, hold harmless, and defend Acrosync LLC , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Acrosync LLC's Software.
In no event (including, without limitation, in the event of negligence) will Acrosync LLC , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Acrosync for Windows or the use or inability to use Acrosync for Windows or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Acrosync LLC's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Acrosync LLC ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Acrosync LLC.
Except as expressly stated in writing, Acrosync LLC makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
This Agreement shall be governed by the law of the United States applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of United States therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Acrosync for Windows and destroy all copies of Acrosync for Windows supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY Acrosync for Windows AS WELL.
You agree that Acrosync LLC may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Acrosync for Windows. Acrosync LLC may also use this information to provide notices to you which may be of use or interest to you.