End user agreement for Syncure
SYNCURE END USER SOFTWARE LICENSE AGREEMENT
IMPORTANT: YOU SHOULD CAREFULLY READ THIS
LEGAL AGREEMENT BEFORE INSTALLING THIS PACKAGE.
BY INSTALLING SYNCURE 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.
SYNCURE LICENSE TERMS
Syncure developer ("Developer") grants you ("Customer")
a license to use Syncure and it's documentation
("Syncure"), subject to the separate, applicable
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 SYNCURE (SYNCURE FREE)
Non-Profit Customers (but not other Customers) are allowed
to use Syncure for free, subject to limitations
as described below. All other Customers are allowed to use
Syncure Free for thirty days period for evaluation purpose
only. Also all Customers are allowed to use Syncure Free
temporary on a computer owned by a third-party for a period
up to seven days since first install without any other litimations.
Non-Profit Customer is defined as a customer who uses Syncure
in non-commercial environment for non-profit activity.
All Customers who use Syncure in a business, government,
military, religious institution or when doing profit activity
at home are not Non-Profit Customers for the purposes of this
agreement. Customers that are students of accredited universities
and high schools are classified as Non-profit Customers even if
a school or university is owned and operated by a government.
Customer agrees that Syncure Free has certain limitations,
that these limitations may change over time without notice
or obligation on the part of Developer. These limitations are
described at http://www.syncapp.com/freelimit.html and are
incorporated into this Agreement by reference. It is the
Non-Profit Customer's responsibility to review these
limitations and abide by them. The Nonprofit Customer agrees to
be legally bound by these limitations when using Syncure Free.
II. LICENSE FOR SYNCURE PRO VERSION
Customer who purchased a license for Syncure Pro is granted a
nonexclusive license to use Syncure Pro on a single computer only.
If a Customer has several computers, Customer shall purchase
additional Syncure Pro licenses for each computer that
Customer installs Syncure Pro on. However, Customer is allowed
to synchronize data with a remote computer (using a network drive)
without obtaining a license for that computer.
Customer shall not use Syncure Pro for commercial timesharing.
Customer shall not rent Syncure Pro license to other parties.
LICENSE ACTIVATION: Customer hereby agrees to activation process
for Syncure Pro in which manual entry of activation code is
required. Customer also agrees that Syncure Pro activation process
may be used to enforce provision of this Agreement that allows
use of one Syncure Pro license only on one computer.
SYNCURE PRO USERS MANAGEMENT SYSTEM: Personal data
of customers that purchase Syncure Pro is stored in
Pro Users Management System (PUMS).
Only the data that customers or their agents enter into
the Syncure Pro purchase web page is stored in the database.
Customer hereby allows Developer to store this data on Developer's
server. This data shall be used for purchase tracking, reactivation
of Syncure Pro licenses, refund and chargeback tracking
and other customer service purposes.
Customer allows Developer to send infrequent product
update newsletters and promotional offers
to e-mail and postal addresses stored in PUMS.
REFUNDS: Developer will refund the full amount paid
for Syncure Pro license if:
- The refund request is received by Developer within 30 days
of the date of purchase of Syncure Pro by Customer, and
- Customer provides Proof of Purchase,
which is the original e-mail receipt for Syncure Pro, and
- Developer is able to locate Customer in the Pro Users
Database (PUMS) using the data provided by Customer.
III. GENERAL PROVISIONS FOR SYNCURE FREE AND PRO
Customer shall not remove any product identification, copyright
notices, or other notices or proprietary restrictions from
Customer shall not cause or permit reverse engineering,
disassembly, or decompilation of Syncure.
COPYRIGHT/OWNERSHIP OF PROGRAM: Syncure is the proprietary
product of Developer and its licensors and it is protected
by copyright, trade secret and other intellectual property laws.
Customer acquires only the right to use Syncure and does not
acquire any rights, express or implied, in Syncure or media
containing Syncure other than those specified in this License.
Developer, or its licensor, shall at all times retain all rights,
title, interest, including intellectual property rights,
in Syncure and media.
TRANSMISSION OF DATA IN AUTOUPDATE:
At user discretion Syncure may automatically check
Developer's server http://syncapp.com for its new version and
security patches approximately once a week. If it finds a version
that is newer than the version that you have, Syncure will offer
you to upgrade. The checking of new version is limited to the following
technical data to be transmitted to Syncure developer server:
current Syncure version on the user's machine and
a randomly generated 128-bit session ID.
Customer hereby allows such transmissions to occur.
NO WARRANTIES OF ANY KIND: SYNCURE 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.
SYNCURE DEVELOPER DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN SYNCURE WILL MEET YOUR
REQUIREMENTS OR OPERATE IN AN ENVIRONMENT CREATED
BY YOU OR THAT THE OPERATION OF SYNCURE
WILL BE UNINTERRUPTED OR ERROR FREE OR
THAT SYNCURE ERRORS WILL BE CORRECTED.
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
OF SYNCURE IS WITH YOU.
LIMITATION OF LIABILITY: NEITHER SYNCURE DEVELOPER NOR
ANY OF ITS LICENSORS SHALL BE LIABLE FOR ANY DAMAGES
CAUSED BY SYNCURE INCLUDING BUT NOT LIMITED TO INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES
FOR LOSS OF PROFITS, LOSS OF SAVINGS, REVENUE, DATA,
INCURRED BY CUSTOMER OR ANY THIRD PARTY, EVEN IF
SYNCURE DEVELOPER HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
TERMINATION: This License is effective until terminated.
You may terminate this Agreement at any time by uninstalling
Syncure and deleting all its files. This License will
terminate immediately without notice from Syncure developer
if you fail to comply with any provision of this License.
Upon termination or expiration of this License you must
uninstall Syncure 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 Syncure, 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 Syncure have been rightfully obtained by you
outside of the United States, you agree that you will not re-export
Syncure 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 Syncure.
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.
In any litigation arising out of this Agreement or related
to use or function of Syncure, Syncure developer
shall be entitled to all legal costs and attorney's fees
incurred in mediation, arbitration, suit and on appeal.
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
COMPLETE AGREEMENT: This License constitutes the entire agreement
between the parties with respect to the use of Syncure 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 Syncure developer.
to track users. However, Syncure affiliates and advertisers
a customer to our web sites.
CUSTOMER HEREBY ACKNOWLEDGES THAT CUSTOMER HAS READ
THIS AGREEMENT, UNDERSTANDS IT AND AGREES TO BE BOUND
BY ITS TERMS AND CONDITIONS.