Allway Sync End User License Agreement
IMPORTANT: YOU SHOULD CAREFULLY READ THIS LEGAL AGREEMENT BEFORE INSTALLING THIS PACKAGE. BY INSTALLING Allway Sync, 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.
Allway Sync LICENSE TERMS
Botkind, Inc. ("Developer") grants you ("Customer") a license to use Allway Sync or Allway Sync 'n' Go, subject to the separate, applicable provisions below.
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 Allway Sync (Allway Sync FREE)
Non-Profit Customers (but not other Customers) are allowed to use Allway Sync for free, subject to limitations as described below. All other Customers are allowed to use Allway Sync Free for thirty days for evaluation purposes only.
Non-Profit Customer is defined as a customer who uses Allway Sync in a non-commercial environment for non-profit activity. All Customers who use Allway Sync in a commercial, business or government setting, or in a military institution, or when engaged in profitable activity at home are not Non-Profit Customers for the purposes of this agreement. Customers who are students of accredited universities and high schools are classified as Non-profit Customers even if their school or university is owned and operated by a government.
Customer agrees that Allway Sync Free has certain limitations and that these limitations may change over time without notice or obligation on the part of Developer. Currently, the limitations may not allow Customer to process more than 40,000 files in any consecutive 30-days. However, these limitations do not apply when synchronizing local files with the Allway Cloud online data storage account (including free Allway Cloud accounts).
II. LICENSE FOR Allway Sync PRO VERSION
Customer may acquire Pro versions of Allway Sync or Allway Sync 'n' Go ("Allway Sync Pro") from Developer's website or from other distribution channel.
Customer who acquires a license for Pro version of Allway Sync 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 Allway Sync 'n' Go is granted a nonexclusive license to install this software on a single removable device only and run it from that removable device on multiple computers.
Customer is allowed to synchronize data with a remote computer (using a network drive) without obtaining a separate Allway Sync Pro license for that computer.
Customer shall not use Allway Sync Pro for commercial timesharing.
Customer shall not rent any Allway Sync Pro license to other parties.
LICENSE ACTIVATION: Customer hereby acknowledges and accepts that the Allway Sync Pro activation process may be used to enforce provisions of this Agreement that allows the use of one Allway Sync Pro license only on one computer or removable device. Customer agrees to the activation process for Allway Sync Pro during which the manual entry of an activation code may be required. Developer may supply Customer with an activation code, which is binded to Customer's hardware Allway Sync is installed on. Customer agrees to provide Developer with a 64-bit hardware identifier calculated by Allway Sync 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 Allway Sync when it's available.
Allway Sync PRO USERS MANAGEMENT SYSTEM: Personal data of customers that purchase Allway Sync Pro is stored in the Pro Users Management System. Customer hereby allows Developer to store this data on Developer's server. This data shall be used by Developer for purchase validation, activation/reactivation of Allway Sync Pro licenses, recovery of lost activation key, refund and chargeback tracking and other customer service purposes.
REFUNDS: Developer will refund the full amount paid for a license of Allway Sync Pro if: - The refund request is received by Developer within 60 days of the date of purchase of Allway Sync Pro by Customer, and - Customer provides Proof of Purchase, which can be the original e-mail receipt for Allway Sync Pro, credit card or bank statement showing Allway Sync Pro purchase, other verifiable proof of purchase.
III. GENERAL PROVISIONS FOR Allway Sync FREE AND PRO
Customer shall not remove any product identification, copyright notices, or other notices or proprietary restrictions from Allway Sync.
Customer shall not cause or permit reverse engineering, disassembly, or decompilation of Allway Sync.
COPYRIGHT/OWNERSHIP OF PROGRAM: Allway Sync 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 Allway Sync and does not acquire any rights, express or implied, to Allway Sync or media containing Allway Sync 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 Allway Sync and media.
TRANSMISSION OF DATA IN AUTOUPDATE: At Customer discretion Allway Sync 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, Allway Sync 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 Allway Sync version on the user's machine, a randomly generated 128-bit session ID and standard HTTP headers. Customer hereby allows such transmissions to occur.
NO WARRANTIES OF ANY KIND: Allway Sync 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 Allway Sync WILL MEET CUSTOMER'S REQUIREMENTS OR OPERATE IN AN ENVIRONMENT CREATED EITHER BY CUSTOMER OR ANY THRID PARTY OR THAT THE OPERATION OF Allway Sync WILL BE UNINTERRUPTED OR ERROR FREE OR THAT Allway Sync ERRORS WILL BE CORRECTED. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF Allway Sync IS WITH CUSTOMER.
LIMITATION OF LIABILITY: NEITHER DEVELOPER NOR ANY OF ITS LICENSORS SHALL BE LIABLE FOR ANY DAMAGES CAUSED BY Allway Sync INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, LOSS OF SAVINGS, REVENUE, DATA, INCURRED EITHER 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 Allway Sync 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 Allway Sync 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 Allway Sync, 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 Allway Sync has been rightfully obtained by you outside of the United States, you agree that you will not re-export Allway Sync 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 Allway Sync.
JURISDICTION AND DISPUTES: This Agreement shall be governed by the laws of Florida. All disputes hereunder shall be resolved in the applicable state or federal courts of Florida. 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.
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 effect.
COMPLETE AGREEMENT: This License constitutes the entire agreement between the parties with respect to the use of Allway Sync 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.