End user agreement for Gladinet Cloud Desktop Starter Edition
End User License Agreement
PLEASE READ CAREFULLY BEFORE USING THIS SOFTWARE PRODUCT: This End-User license Agreement ("EULA") is a contract between (a) you (either an individual or the entity you represent) and (b) Gladinet, Inc ("GLADINET") that governs your use of the software product (“Software”). This EULA does not apply if there is a separate license agreement between you and GLADINET or its suppliers for the Software. The term "Software" may include (i) associated media, (ii) a user guide and other printed materials, and (iii) "online" or electronic documentation (collectively “User Documentation”).
RIGHTS IN THE SOFTWARE ARE OFFERED ONLY ON THE CONDITION THAT YOU AGREE TO ALL TERMS AND CONDITIONS OF THIS EULA.
BY INSTALLING, COPYING, DOWNLOADING, OR OTHERWISE USING THE SOFTWARE,
YOU AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT ACCEPT THIS EULA, DO NOT INSTALL, DOWNLOAD, OR OTHERWISE USE THE SOFTWARE.
IF YOU PURCHASED THE SOFTWARE BUT DO NOT AGREE TO THIS EULA,
PLEASE RETURN THE SOFTWARE TO YOUR PLACE OF PURCHASE WITHIN FOURTEEN DAYS FOR A REFUND OF THE PURCHASE PRICE.
2. LICENSE RIGHTS. You will have the following rights provided you comply with all terms and conditions of this EULA:
a. Use. GLADINET grants you a license to Use one copy of the GLADINET Software. "Use" means installing, copying, storing, loading, executing, displaying, or otherwise using GLADINET Software. You may not modify GLADINET Software or disable any licensing or control feature of GLADINET Software. You do not have the right to distribute GLADINET Software. The use of the product is forbidden for any illegal or non-authorized purposes. You are the only one responsible for your conduct and use of the software, including all content posted by you like photos, videos, graphics, clips, audio and any other material posted through the software.
b. Copying. Your right to copy means you may make archival or back-up copies of the GLADINET Software, provided each copy contains all the original GLADINET Software's proprietary notices and is used only for back-up purposes.
3. UPGRADES. To Use GLADINET Software provided by GLADINET as an upgrade, update, or supplement (collectively “Upgrade”), you must first be licensed for the original GLADINET Software identified by GLADINET as eligible for the Upgrade. To the extent the Upgrade supersedes the original GLADINET Software, you may no longer use such GLADINET Software. This EULA applies to each Upgrade unless GLADINET provides other terms with the Upgrade. In case of a conflict between this EULA and such other terms, the other terms will prevail.
a. Third Party Transfer. The initial end user of GLADINET Software may make a one-time transfer of GLADINET Software to another end user. Any transfer will include all component parts, media, User Documentation, this EULA, and if applicable, the Certificate of Authenticity. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the transferred Software will agree to this EULA. Upon transfer of GLADINET Software, your license is automatically terminated.
b. Restrictions. You may not rent, lease or lend GLADINET Software or Use GLADINET Software for commercial timesharing or bureau use. You may not sublicense, assign or otherwise transfer the GLADINET Software except as expressly provided in this EULA.
5. PROPRIETARY RIGHTS. All intellectual property rights in the Software and User Documentation are owned by GLADINET or its suppliers and are protected by law, including applicable copyright, trade secret, patent, and trademark laws. You will not remove any product identification, copyright notice, or proprietary restriction from the Software.
6. LIMITATION ON REVERSE ENGINEERING. You may not reverse engineer, decompile, or disassemble the GLADINET Software, except and only to the extent that the right to do so is allowed under applicable law.
8. DISCLAIMER OF WARRANTY. THE PRODUCT IS PROVIDED "AS IS". TO THE EXTENT PERMITTED BY LAW, GLADINET AND GLADINET'S DISTRIBUTORS, LICENSORS HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE PRODUCT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE AND NON-INFRINGING. YOU BEAR ENTIRE RISK AS TO SELECTING THE PRODUCT FOR YOUR PURPOSES AND AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT.
9. LIMITATION OF LIABILITY. Gladinet is exempt from any type of responsibility, direct or indirect damage caused by you from usage of the software. Notwithstanding any damages that you might incur, the entire liability of GLADINET and its suppliers under this EULA and your exclusive remedy under this EULA will be limited to the amount actually paid by you for the Product. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GLADINET OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, OR LOSS OF PRIVACY) RELATED IN ANY WAY TO THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF GLADINET OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE ABOVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some states or other jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
10. INDEMNITY. You hereby agree, at Your expense, to indemnify, defend and hold Gladinet harmless from and against any loss, cost, damages, liability or expense arising out of or relating to (a) a third-party claim, action or allegation of infringement based on information, data, files or other content submitted by You; (b) any fraud or manipulation, or other breach of these Terms by You; or (c) any third-party claim, action or allegation brought against Gladinet arising out of or relating to your use of the Software.
11. COMPLIANCE WITH EXPORT LAWS. You will comply with all laws, rules, and regulations (i) applicable to the export or import of the Software, or (ii) restricting the Use of the Software, including any restrictions on nuclear, chemical, or biological weapons proliferation.
12. RESERVATION OF RIGHTS. GLADINET and its suppliers reserve all rights not expressly granted to you in this EULA.
Rev. May 20, 2011