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Electronic End-User Software License Agreement
THIS AGREEMENT IS A LEGAL DOCUMENT. READ IT CAREFULLY BEFORE COMPLETING THE REGISTRATION PROCESS. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY REGISTERING AND USING THE SOFTWARE, YOU ARE CONFIRMING ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT.
This agreement cover SmartSync Pro synchronization utility, related documentation and any and all updates thereto, including Minor Updates and Major Updates, referred to as Software hereafter.
Any Software installation package released after a user has initially installed the Software is considered as an Update. The Minor Update is a release containing the bug fixes, improving the convenience of use and providing minor extensions to the Software functionality. The Major Update is a release essentially changing or extending the Software functionality compared to the previous version.
The Software may be installed in two versions: Demo Version and Registered Version. Both versions are fully functional. The difference between them is that Demo Version does not contain the information about the registered owner, while the Registered Version does. The Demo Version stops working after 30 days of trial period. It may be converted into a Registered Version at any time, before or after the expiration of the trial period just by entering the registration information provided by the authorized software distributor. The Registered Version has an unlimited time of operation.
The Demo Version is free to copy, install and distribute as an original installation package. The Registered Version may be distributed only by the Copyright Owners or by authorized distributors of this software. The Copyright Owners are those listed in the "About" box, which appears when the "About" menu item is selected from software Help menu.
2. License to use:
One copy of the registered version of Software may either be used by a single person who uses the software personally on one or two computers, or installed on a single workstation used non-simultaneously by multiple people, but not both.
If you are a registered user, you are entitled to use this product for your own work. You may not alter, sell, rent, or lease the software to others without the prior express written permission of the Copyright Owners or their authorized distributor.
You must not give away your registration code. Doing so will result in an infringement of copyright. The Copyright Owners retain the right of claims for compensation in respect of damage, which occurred by your giving away the registration code. This claim shall also extent to all costs, which Copyright Owners incur in defending themselves.
3. License to redistribute
You are licensed to make copies of the unmodified Demo Versions of this Software Installation package as you wish and to give exact copies of the unmodified Demo Version to anyone.
You are specifically prohibited from charging, or requesting donations, for any such distribution without the prior express written permission of the Copyright Owners.
4. No additional licenses
All rights to the Software and documentation not expressly granted under this Agreement are reserved to Copyright Owners. You may not translate, decompile, disassemble or reverse engineer the Software or documentation.
5. Software upgrades
If you had registered the Software, you are granted the right to receive (download) and install all the Minor Updates to the version initially installed free of charge. Installation of a Major Update may or may not require an upgrade fee, which is at sole discretion of the Copyright Owners.
Installation of the Minor Update does not require repeating the registration procedure, as the registration data will be inherited from the previous installation. Installation of a Major Update will or will not require new registration.
The users of the Demo Version may install the Minor Updates over their existing installation only during their trial period. Installation of the Minor Update does not extend the evaluation period. However, they can install Major Updates even after termination of the trial period and receive additional 30 days for evaluation of the Update.
The Copyright Owners and their authorized distributors will keep the Software users informed about the appearance of the software updates, using postings on the distributor Web sites of directly through mailing lists, if the user wishes so.
6. Disclaimer of limited warranty
The Copyright Owners warrant, that
(i) When used with a recommended hardware configuration, the Software will perform in substantial conformance with the documentation supplied with the Software;
(ii) The media on which the Software is furnished will be free from defects in materials and workmanship under normal use.
(iii) The Copyright Owners will continue the work on improvement of the Software quality, issue and distribute the Software updates as described above at appropriate time at their convenience. The users are welcome to submit their comments on the software quality or suggestions to its improvement through the authorized distributors and these comments and suggestions will be taken into account in the development process.
EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY, THE COPYRIGHT OWNERS DISCLAIM ALL OTHER WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IF APPLICABLE LAW IMPLIES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF SOFTWARE INSTALLATION.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL THE PRODUCERS OF THIS SOFTWARE OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL THE PRODUCER OF THIS SOFTWARE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LIST PRICE FOR A LICENSE TO USE THE SOFTWARE.
(USA only). SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
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