END-USER LICENSE AGREEMENT FOR AWESYNC PERSONAL
IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL.
This software End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) as the end user (hereinafter referred to as "you") and eQuality Solutions Inc. as the licensor (hereinafter referred to as “eQuality Solutions”), for the software product identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("Software"). By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and eQuality Solutions, and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the Software.
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold.
1. GRANT OF LICENSE.
The Software is licensed as follows:
(a) Installation and Use.
eQuality Solutions grants you a worldwide, non-exclusive, non-transferable right to install and use copies of the Software on your computer running a validly licensed copy of the operating system for which the Software was designed. Herein, the "Use" means storing, loading, installing, executing or displaying the Software. To exercise any right provided by this EULA, you should become the legal owner of this Software copy based on the appropriate agreement with eQuality Solutions or an entity that legally acquired such copy as a result of its distribution by eQuality Solutions or its authorized suppliers.
(b) Backup Copies.
You may also make copies of the Software as may be necessary for backup and archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of the Software.
You may not distribute registered copies of the Software to third parties. Evaluation versions available for download from eQuality Solutions’ website(s) may be freely distributed.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You may not rent, lease, or lend the Software.
(e) Support Services.
eQuality Solutions may provide you with support services related to the Software ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the Software and subject to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the Software.
Without prejudice to any other rights, eQuality Solutions may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software in your possession.
All title, including but not limited to copyrights, in and to the Software and any copies thereof are owned by eQuality Solutions or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by eQuality Solutions.
5. NO WARRANTIES
eQuality Solutions expressly disclaims any warranty for the Software. The Software is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose.
eQuality Solutions does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Software.
eQuality Solutions makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program.
eQuality Solutions further expressly disclaims any warranty or representation to Authorized Users or to any third party.
eQuality Solutions is not responsible for any loss of data, due to transmission error, software error, user error, or any cause. Due to the nature of the Internet and the software functioning, it is strongly recommended that you perform routine tests of the software results and create the backup of any information before using the software.
6. LIMITATION OF LIABILITY
In no event shall eQuality Solutions be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the Software, even if eQuality Solutions or its suppliers have been advised of the possibility of such damages. In no event will eQuality Solutions be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. eQuality Solutions shall have no liability with respect to the content of the Software or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
If it is illegal for eQuality Solutions to exclude certain liabilities or warranties for you because of your legal jurisdiction, only the said illegal exclusions do not apply to you. If your jurisdiction allows limiting liability for a certain kind of claims or damages but does not allow excluding such liability completely then in no event shall eQuality Solutions’ liability for that particular claims or damages, whether in contract, tort or any other theory of liability, exceed the license fee paid by you, if any.
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