THIS END USER LICENSE AGREEMENT ("LICENSE") APPLIES TO THE USE THIS SOFTWARE ("SOFTWARE") WHICH IS PROVIDED BY SYNCING.NET TECHNOLOGIES GMBH ("SYNCING.NET"), A GERMAN COMPANY WITH A PLACE OF BUSINESS AT WEIPERTSTR. 8-10, 74076 HEILBRONN, GERMANY, TO ANY USER ("CUSTOMER"). IF CUSTOMER HAS AN ACCOUNT WITH SYNCING.NET PRIOR TO ACCEPTING THIS LICENSE, THE TERMS OF THE SYNCING.NET TERMS OF USE APPLY TO CUSTOMER’S USE OF THE SOFTWARE. IF CUSTOMER DOES NOT HAVE AN ACCOUNT WITH SYNCING.NET, THE TERMS OF THIS LICENSE APPLY UNTIL CUSTOMER CREATES A SYNCING.NET ACCOUNT, AT WHICH TIME SYNCING.NET’S TERMS OF USE SHALL APPLY TO CUSTOMER’S USE OF THE SOFTWARE.
BY ACCEPTING THIS LICENSE, CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ THIS LICENSE, UNDERSTANDS IT, AND AGREES TO BE BOUND BY IT. IF CUSTOMER DOES NOT SO AGREE TO THE TERMS OF THIS LICENSE, SYNCING.NET DOES NOT LICENSE THE SOFTWARE TO CUSTOMER.
The Software is protected by copyright laws and international treaty provisions, as well as other intellectual property laws and treaties. All right, title and interest in and to the Software, including but not limited to copyrights, patent rights, trade secrets and other intellectual property rights, are owned by SYNCING.NET or its suppliers. All copies and portions of the Software, in any form, belong to SYNCING.NET or its suppliers, which retain all rights not expressly granted herein. Nothing in this License constitutes a waiver of SYNCING.NET’s rights under United States copyright law or any other law.
SYNCING.NET grants Customer a nonexclusive license to use the Software subject to the terms and restrictions set forth herein. No license is granted with respect to any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the Software. The Software is licensed to be used only in connection with services provided by SYNCING.NET ("SYNCING.NET Services") and may not be distributed or sublicensed except as expressly provided in this License. The Software may only be copied on devices authorized by SYNCING.NET in support of Customer’s use of the SYNCING.NET Services. Customer must reproduce and include all copyright notices and any other proprietary rights notices appearing on the Software on any copies that Customer makes.
Customer may not rent, lend, lease or distribute the Software. Customer may not alter, modify or adapt the Software or reverse engineer, decompile, disassemble, or create derivative works from the Software, or allow a third party to do any of the foregoing, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation or by this License. If Customer is a European Union ("EU") resident, information necessary to achieve interoperability of the Software with other programs within the meaning of the EU Directive on the Legal Protection of Computer Programs is available to Customer from SYNCING.NET upon written request. SYNCING.NET may terminate this License if Customer fails to comply with any of its terms and conditions. In such event, Customer must destroy all copies of the Software or any portion thereof.
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SYNCING.NET EXPRESSLY DISCLAIMS ALL WARRANTIES FOR THE SOFTWARE, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH CUSTOMER. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO CUSTOMER. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY OF THE SOFTWARE. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYNCING.NET BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR ANY DATA SUPPLIED THEREWITH EVEN IF SYNCING.NET OR ANYONE ELSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL SYNCING.NET'S LIABILITY EXCEED USD 1.00 BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO CUSTOMER.
The Customer is responsible for compliance by the Customer and the end users with German and local country laws and regulations and shall not export, use or transmit the Software
(i) in violation of any export control laws of Germany or any other country, or
(ii) to anyone on the German Treasury Department’s list of Specially Designated Nationals.
If the Software is accessed or used by any agency or other part of the U.S. Government, Customer and the U.S. Government acknowledge that
(i) the Software and accompanying materials constitute "commercial computer software" and "commercial computer software documentation" under paragraphs 252.227.14 and 252.227.7202 of the DoD Supplement to the Federal Acquisition Regulations ("DFARS") or any successor regulations, and the Government is acquiring only the usage rights specifically granted in this License;
(ii) the Software constitutes "restricted computer software" under paragraph 52.227-19 of the Federal Acquisition Regulations ("FAR") or any successor regulations and the government’s usage rights are defined in this License and the FAR.
This License is effective until terminated. Customer may terminate it at any time by destroying the Software together with all copies and merged portions in any form. SYNCING.NET may terminate this License at any time. This License will also terminate immediately if Customer fails to comply with any term or condition of this License. Upon such termination, Customer agrees to destroy the Software, together with all copies and merged portions in any form.
This License shall be governed by the laws of the State of Germany as such laws are applied to agreements entered into and to be performed entirely within Germany between German residents and by the laws of Germany. Customer consents to the exclusive jurisdiction of the federal courts of Germany. Customer agrees that the United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this License.
This License sets forth the entire understanding and agreement between Customer and SYNCING.NET, supersedes all prior agreements, whether written or oral, with respect to the Software and subject matter hereof except as expressly set forth in this License, and may be amended only in a writing signed by both parties. If any provision of this License shall be held illegal or unenforceable by a court or tribunal of competent jurisdiction, the parties shall reform the provision to the minimum extent necessary to render it valid and enforceable in conformity with their intent as manifested herein. The remainder of the License shall remain in full force and effect.
If you have any questions on this END USER LICENSE AGREEMENT, please send an email to info(at)syncing.net or write to:
SYNCING.NET Technologies GmbH
Weipertstr. 8-10
74076 Heilbronn
Germany
Copyright © 2006-2008 SYNCING.NET Technologies GmbH, Heilbronn. All Rights Reserved.
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