GoodSync 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) and GoodSync2Go (GoodSync2Go Free) Non-Profit Customers (but not other Customers) are allowed to use GoodSync or GoodSync2Go 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 (GoodSync2Go2Go) Free has certain limitations and that these limitations may change over time without notice or obligation on the part of Siber. The current limitations are listed at http://www.goodsync.com/how-it-works/free-vs-pro and are incorporated here by reference. II. LICENSE FOR GoodSync PRO VERSION A Customer who acquires a license for GoodSync Pro is granted a non-exclusive 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 the remote computer. If a computer has more than one copy of Windows Operating System installed then each copy of Windows shall be considered to be a separate computer for purposes of this License Agreement. 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. Licenses that originate from Purchases that have been refunded or charged back by Customer's Card Issuer shall become null and void, that is, the Customer shall lose the right to use GoodSync Pro or GoodSync2Go Pro once such refund occurs. IIa. LICENSE FOR GoodSync2Go PRO VERSION A Customer who acquires a license for GoodSync2Go Pro is granted a non-exclusive license to use GoodSync Pro on a single Portable Disk only. If a Customer has several Portable Disks, Customer shall purchase additional GoodSync2Go Pro licenses for each Portable Disk that Customer installs GoodSync2Go Pro on. Customer shall not use GoodSync2Go Pro for commercial timesharing. Customer shall not rent GoodSync2Go Pro license to other parties. ONLINE ACTIVATION: Customer hereby agrees to Online Activation process for GoodSync2Go Pro in which GoodSync2Go checks the validity of Customer's GoodSync2Go Pro license by contacting the Siber server via the Internet. Customer also agrees that Online Activation may be used to enforce provision of this Agreement that allows use of one GoodSync2Go Pro license only on one Portable Disk. 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 (http://www.GoodSync.com/) for new versions and security patches approximately once a day. 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. 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 THIRD 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. 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.