End user agreement for WizzDrive
WizzDrive, End-User License Agreement
CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS WITHIN THIS LICENSE AGREEMENT. BY CLICKING THE "I ACCEPT" BUTTON BELOW, OR INSTALLING AND USING ôWIZZDRIVEö YOU INDICATE THAT YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS AND YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE APPLICATION.
This Application End-User License Agreement ("Agreement") is made by and between Miana Technologies Ltd (ôCompanyö) trading as ôWizzDriveö and You, together indicated as the "Parties". The ôApplicationö is known as ôWizzDriveö and therefore, the Parties agree as follows:
1. Grant of License. By clicking on the "Accept" button accompanying this Agreement or by using the Application accompanying this Agreement, You shall be deemed to have accepted and agreed to be bound by the terms and conditions of this Agreement and Company shall be deemed to have granted to You a License to install, use, and operate the Application on a single computer for uploading or downloading files from that computer to the WizzDrive servers for storage on the Service (the "License"). In accordance with the Agreement and the License:
(a) You may use the Application for uploading files from your computer to the WizzDrive servers for storage pursuant to the Terms and Conditions of the Service;
(b) You may use the Application for downloading files from the Service to your computer pursuant to the Terms and Conditions of the Service;
(b) You agree to use the Application in accordance with the Terms and Conditions of the Service and the then current Service Policies and Procedures;
(c) You may not transfer the Application to another computer other than the one for which it was initially licensed and for which it was installed by, or on behalf of You, except for the purpose of replacing a computer.
2. Fees. One copy of the Application may be downloaded by You for free as part of the creation of a Service account. However, if You choose to upgrade your Service account, You hereby agree to pay the appropriate fees, set forth in the Terms and Conditions on the Service website and any and all communications announcing pricing changes, all of which are hereby incorporated by reference.
3. Term. This Agreement and the License is made effective upon clicking on the "Accept" button accompanying this Agreement or by using the Application accompanying this Agreement, and remains in effect until terminated by You or Company. You may terminate this Agreement and the License at any time by removing the Application from your computer. This Agreement and the License will terminate immediately without notice from WizzDrive if You fail to comply with any provision of this Agreement or the License granted herein. Upon termination You must remove the Application from your computer.
4. Marketing. By accepting this Agreement, You shall be deemed to have granted to WizzDrive the right to identify you as one of its customers, unless you provide written notice to Company stating that You do not wish to be identified as one of its customers.
5. Intellectual Property. The Application and all intellectual property rights in the Application are, and shall remain, the property of Company. All rights in and to the Application not expressly granted to You in this Agreement are hereby expressly reserved and retained by Company without restriction, including, without limitation, Company's right to sole ownership of the Application and Documentation. Without limiting the generality of the foregoing, You agree to not: (a) sublicense, distribute, or use the Application outside of the scope of the License granted herein; (b) reverse engineer, disassemble, or decompile the Application or otherwise attempt to discover any source code or trade secrets related to the Application(c) use the trademarks or any copyright or other proprietary rights associated with the Application for any purpose without the express written consent of WizzDrive; (d) register, attempt to register, or assist anyone else to register any trademark, copyright or other proprietary rights associated with Company; or (e) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Application.
6. Government Users. In the event that this Agreement, or any part thereof, is deemed inconsistent with the minimum rights identified in the Restricted Rights provisions, the minimum rights shall prevail.
7. Additional Licenses and Third Party Intellectual Property. The Application allows you to download files from your Service account to your computer, and upload and store digital files in your Service account. By doing so, You represent to WizzDrive that you are authorized to copy, use and/or store the files that you are uploading. WizzDrive does not allow or approve of copyright infringement and reserves the right to terminate this license agreement if it has a reasonable belief that you have used or are using the Application to upload digital files that you do not have rights to. Accordingly, You agree that you have obtained all necessary additional licenses for the digital files that you use the Application to upload.
COMPANY IS NOT LIABLE FOR YOUR USE OF ANY DIGITAL FILE THAT YOU ARE NOT AUTHORIZED TO USE OR COPY.
8. DISCLAIMER OF WARRANTY ON THE APPLICATION. THE APPLICATION IS LICENSED TO YOU "AS IS". NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, INTEROPERABILITY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE APPLICATION IS GIVEN OR ASSUMED BY COMPANY, OR ITS AGENTS, AND ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.
9. LIMITATION OF LIABILITY. YOU AGREE THAT COMPANY'S LIABILITY HEREUNDER FOR DIRECT DAMAGES ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, EQUITY, TORT, WARRANTY, OR OTHER FORM OF ACTION, WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, NEITHER PARTY SHALL UNDER ANY CIRCUMSTANCES BE LIABLE TO THE OTHER PARTY, OR ANY THIRD PARTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, FOR CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE, INCIDENTAL OR SPECIAL DAMAGES, (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION), EVEN IF SUCH PARTY HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY.
10. Controlling Law and Severability. This Agreement shall be governed by and construed under the laws of the United Kingdom without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and United Kingdom law, rules, and regulations, rules and regulations shall prevail and govern.
11. Complete Agreement. This Agreement constitutes the entire agreement between You and Company with respect to the use of the Application 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 Agreement will be binding unless in writing and signed by a duly authorized representative of Company