End user agreement for Synchromat
SYNCHROMAT END USER SOFTWARE LICENSE AGREEMENT
IMPORTANT: YOU SHOULD CAREFULLY READ THIS
LEGAL AGREEMENT BEFORE INSTALLING THIS PACKAGE.
BY INSTALLING SYNCHROMAT 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.
SYNCHROMAT LICENSE TERMS
Botkind, Inc. ("Developer") grants you ("Customer") a license to use Synchromat,
Synchromat 'n' Go and Synchromat 'n' Go U3 ("Synchromat"), subject to the
separate, applicable provisions below.
I. LICENSE FOR TRIAL VERSION OF SYNCHROMAT (SYNCHROMAT TRIAL)
Customer is hereby licensed by Developer to use Synchromat Trial
without charge for a period of 30 days. After the 30-day evaluation period
Customer must uninstall this software or acquire a Synchromat Pro license.
Failure to do so is a breach of this License and a violation of U.S. and
international copyright laws.
Subject to all of the terms of this License, Customer may,
without making any payment to Developer:
a. give exact copies of Synchromat Trial personally to anyone;
b. distribute exact copies of Synchromat Trial;
c. make copies of Synchromat Trial for purposes
of distribution as described in (a) and (b) above.
II. LICENSE FOR SYNCHROMAT PRO VERSION
Customer may acquire Pro verions of Synchromat, Synchromat 'n' Go
or Synchromat 'n' Go U3 ("Synchromat Pro") from Developer's website
or from other distribution channels.
Customer who acquires a license for Pro version of Synchromat is granted
a nonexclusive license to install and run this software on a single computer only.
Customer who acquires a license for Pro version of Synchromat 'n' Go is
granted a nonexclusive license to install this software on a single removable
device only and run it from the removable device on multiple computers. .
Customer who acquires a license for Pro version of Synchromat 'n' Go U3
is granted a nonexclusive license to install this software on a single
U3-enabled device only and run it from the U3-enabled device on multiple computers.
However, Synchromat Pro Customer is allowed to synchronize data with a
remote computer (using a network drive) without obtaining a license for
If a Customer has several computers, Customer shall purchase
additional Synchromat Pro licenses for each computer on which
Customer installs Synchromat. 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 Synchromat Pro for commercial timesharing.
Customer shall not rent Synchromat Pro license to other parties.
LICENSE ACTIVATION: Customer hereby acknowledges and accepts that the
Synchromat Pro activation process may be used to enforce provisions of this
Agreement that allows the use of one Synchromat Pro license only on one computer
or removable device. Customer agrees to the activation process for Synchromat
Pro during which the manual entry of an activation code may be required.
Developer may supply Customer with an activation code, which is bundled with
Customer's hardware Synchromat is installed on. Customer agrees to provide
Developer with a 64-bit hardware identifier calculated by Synchromat installation
when requested by Developer. Customer may send this hardware identifier to
Developer by e-mail, submit via a web form on Developer's website or transmit in
on-line activation process implemented by Synchromat when it's available.
SYNCHROMAT PRO USERS MANAGEMENT SYSTEM: Personal data of customers
that purchase Synchromat Pro is stored in the Pro Users Management
System (PUMS). Only data that customers or their agents enter into
the Synchromat Pro purchase web page is stored in the PUMS database.
Customer hereby allows Developer to store this data on Developer's
server. This data shall be used for purchase tracking, reactivation
of Synchromat Pro licenses, refund and chargeback tracking,
and other customer service purposes.
Customer allows Developer to send infrequent product update newsletters
and promotional offers to the e-mail and postal addresses stored in PUMS.
REFUNDS: Developer will refund the full amount paid
for Synchromat Pro license if:
- The refund request is received by Developer within 60 days
of the date of purchase of Synchromat Pro by Customer, and
- Customer provides Proof of Purchase,
which cam be the original e-mail receipt for Synchromat Pro,
credit card or bank statement showing Synchromat Pro purchase.
III. GENERAL PROVISIONS FOR SYNCHROMAT TRIAL 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 Synchromat.
COPYRIGHT/OWNERSHIP OF PROGRAM: Synchromat 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 Synchromat and does not
acquire any rights, express or implied, in Synchromat or media
containing Synchromat 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 Synchromat and media.
TRANSMISSION OF DATA IN AUTOUPDATE:
At Customer discretion, Synchromat may automatically check Developer's
server (http://syncapp.com) for new versions and security patches
approximately once a week. If it finds a version that is newer than
the version that is currently installed, Synchromat will suggest that
Customer upgrades to the more recent version. The checking of new
version is limited to the following technical data to be transmitted
to Developer's server:
current Synchromat 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: SYNCHROMAT 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.
DEVELOPER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED
IN SYNCHROMAT WILL MEET CUSTOMER'S REQUIREMENTS OR
OPERATE IN AN ENVIRONMENT CREATED BY YOU OR THAT THE
OPERATION OF SYNCHROMAT WILL BE UNINTERRUPTED OR ERROR
FREE OR THAT SYNCHROMAT ERRORS WILL BE CORRECTED.
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
OF SYNCHROMAT IS WITH YOU.
LIMITATION OF LIABILITY: NEITHER DEVELOPER NOR ANY OF ITS
LICENSORS SHALL BE LIABLE FOR ANY DAMAGES CAUSED BY
SYNCHROMAT 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 DEVELOPER
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
Synchromat and deleting all its files. This License will
terminate immediately without notice from Developer
if Customer fails to comply with any provision of this License.
Upon termination or expiration of this License Customer must
uninstall Synchromat 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 Synchromat, 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 Synchromat has been rightfully obtained by you
outside of the United States, you agree that you will not re-export
Synchromat 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 Synchromat.
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 Synchromat, 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 Synchromat 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 Developer.
CUSTOMER HEREBY ACKNOWLEDGES THAT CUSTOMER HAS READ
THIS AGREEMENT, UNDERSTANDS IT AND AGREES TO BE BOUND
BY ITS TERMS AND CONDITIONS.