AllSync distribution permissions and end-user license agreement
END USER LICENSE AGREEMENT FOR ALLSYNC
IMPORTANT - PLEASE READ CAREFULLY
This end user license agreement is a legally binding contract between yourself (as a natural or a legal person) and the company Michael Thummerer Software Design (henceforth referred to as MTSD) for the software product named above. By installing the software product, you declare your agreement with all conditions of the license agreement.
If you do not agree with the conditions of the license agreement, you are not entitled to install or use the software product. Should this be the case, you can return the software product along with a copy of the invoice or receipt to the distributor from whom the product was purchased in exchange for a full refund.
The software product is protected by copyright laws and international copyright contracts as well as other laws and agreements concerning intellectual property.
1. Subject of the contract
The subject of this contract is the computer program and the documentation. This will henceforth also be referred to as “software”.
MTSD wishes to point out that, at the current state of technology, it is not possible to create software that works perfectly in all applications and combinations. The subject of this contract is therefore a software program that is fit for the purposes detailed in the description and the user manual.
2. License granting
For the duration of this contract, MTSD grants you the simple, non-exclusive and personal right (henceforth referred to as “license”) to use a copy of the software on a single computer.
2.1. Number of Licenses
At least one license is required for each user of AllSync. A license enables data transfer over a network between a maximum of two devices with a separate IP address (e.g. computer or NAS drive). The number of licenses has to be accordingly increased for each additional device in the network to which data transfer takes place.
2.2. Installation and Utilization
2.2.1. Single-User License
The Licensee may install and use the Software on more than one computer provided that the Software is started on only one computer at any one time.
2.2.2. Multiple-User License
The Software may be installed and used by more than one person on different computers in accordance with the number of licenses specified in Section 2.1.
2.3. AllSync Home Edition
The AllSync Home Edition may only be used for private (i.e. non-commercial) purposes. You need the AllSync Professional or Business Edition if you are using the software commercially.
2.4. Demo Version
You are entitled to test the demo version of the software free of charge and without obligation for a period of 21 days. If you wish to continue using the software after this 21 day period, you must purchase the relevant license.
3. Description of further rights and limits
The license-holder is prohibited from;
(a) altering, translating, reverse-developing, decompiling or disassembling the software without the advance written permission of MTSD
(b) creating products derived from the software or making copies of the written material, translating or altering the written material or creating products derived from the written material
(c) distributing copies of the software to third parties
(d) changing or removing the copyright mark on the copies of the software
(e) renting out, - or lending the software
The license holder must use the software only in compliance with all relevant laws.
4. Ownership of rights
Any ownership rights applying to the software, including but not limited to copyright laws, belong to MTSD. Any not explicitly claimed rights are reserved by MTSD.
The purchase of a license for a product simply grants a right to use the software as described in the conditions of the license agreement. This does not imply a right to the software itself. In particular, MTSD reserves all publication, multiplication, processing and utilization rights to the software.
The software and accompanying written material are protected by copyright laws. The user has the right to create copies of the software for back-up and archiving purposes. He or she is thereby also obliged to reproduce MTSD’s copyright mark on the physical medium or in the program. A copyright mark present in the software may not be removed. Copying or reproducing the software in original or altered form, or merged with or included in other software, is explicitly forbidden.
Provided you pass on only the test version, you may reproduce the installation data as often as you wish. However, you may only pass on exact copies and may not alter these in any way.
For such reproduction, you may not demand any kind of compensation. You may not distribute or market this product in combination with other products - whether commercially or non-commercially - without the advance written permission of MTSD.
6. Length of the agreement
This agreement is valid indefinitely. The right of a license-holder to use this software is removed automatically and without notice if he or she violates one of the terms of this agreement. At the end of the period of right to use, the license-holder is obliged to destroy the software, all copies of the software, and the written material.
7. Compensation for breach of contract
MTSD would like to point out that you are responsible for any damages arising from breach of copyright if you violate these contract terms.
8. Changes and Updates
MTSD is entitled to update the software as it wishes. MTSD is not obliged to make updated versions available to license holders who have not registered their product with MTSD, or who have not paid the update fee. Any additional software code that is made available to you as an update is considered a part of the software and is therefore subject to the terms of this agreement.
9. MTSD’s Guarantees and Responsibility
9.1. For those mentioned in clause 1 of this contract, MTSD accepts no responsibility for mistakes in the software. In particular, MTSD does not guarantee that the software will meet the particular requirements and demands of the purchaser or that it will function together with other software he or she has chosen. The purchaser is responsible for the correct choice of software and the consequences of the use of that software, as well as the results aimed at or intended. The same principle applies to the written material that accompanies the software. If the software is fundamentally unfit for use as described in clause 1, the customer has the right to cancel the contract. MTSD has the same right should the creation of software that is fundamentally fit for use as described in clause 1 not be practically possible.
9.2.MTSD is not responsible for any damages, unless such damages are caused deliberately or arise from gross negligence on the part of MTSD. In contracts with traders, an assumption of responsibility for gross negligence is excluded. This does not apply to assurances by MTSD that refer to specific characteristics. Responsibility for damages not included in such an assurance will not be accepted.
10. Governing Law and Venue
This Agreement shall be governed and interpreted exclusively in accordance with the laws of the Federal Republic of Germany.
The competent state and federal courts of record of the Federal Republic of Germany shall have jurisdiction with regard to any and all disputes arising from or in connection with this Agreement.
This translation is furnished solely for convenience purposes only. The original German text is binding in all respects and shall take precedence.
The demo version of AllSync can be freely distributed over the internet or on other media types in an unchanged form.