Diino distribution permissions and end-user license agreement
BYTEK SYSTEMS AB ("BYTEK" OR "LICENSOR") LICENSING TERMS FOR BYTEKSYSTEMS SOFTWARE (THE "SOFTWARE") AND DIINO (THE "SERVICE") COLLECTIVELY HEREIN AFTER REFERRED TO AS "DIINO".
THE FOLLOWING SETS FORTH THE TERMS AND CONDITIONS FOR USE OF DIINO. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU ("THE LICENSEE") START USING YOUR DIINO.
a. Account means the account with BYTEK for use of the Service opened by Licensee when Licensee purchased or registered for Diino from Supplier through which Licensee or its designees are granted access to the Service.
b. Username and Password means the information provided to the Licensee with the purchase of the software with which Licensee can initially access the Service.
c. Data means the data, information or other material submitted by Licensee to the Service for Storage.
d. Password means the password selected by the Licensee following purchase of the Software during initial access to the Service, as it may be modified by Licensee from time to time.
e. Service means the Diino Private Network Storage which has been purchased by Licensee through a Supplier or such additional storage which may be purchased directly through Licensor, as is provided for herein. Service also means all additional services provided through Diino, such as, but not limited to, e-mail, blog, music streaming, web publishing, up- and downloading of files etc.
f. Software means the Diino Software and any associated software that may be accessed in conjunction with use of the Service by Licensee.
g. Storage means the amount of storage space purchased annually ore monthly subscribed by Licensee from Licensor through a Supplier.
h. Supplier means any authorized distributor of Software for Service.
i. User means a third party given access to the Account by Licensee.
j. Term means the subscription time for which the Licensee has purchased the Service. The Term is automatically renewed unless cancelled by the Licensee.
2. Software License
a. Grant of License: Licensor grants Licensee a personal, non-exclusive, non-transferable license to use the Software and Service, solely for its own internal purposes during the Term. Licensee shall not allow any third party, to delete or permit to be deleted any identifying marks, copyright or proprietary right notices of Licensor from the Software. Licensee shall not directly or indirectly (i) modify or create any derivative works of the Software; (ii) translate, decompile, nor create nor attempt to create, by reverse engineering or otherwise, the source code from the object code supplied hereunder, or adapt the Software in any way; (iii) redistribute, encumber, sell, rent, lease, sublease or otherwise transfer or provide access to any third party to any part of the Software except as expressly granted herein. Licensee shall be permitted to copy the object code of the Software for backup or archival purposes and to distribute such software to Users, solely for purposes of accessing the Service through Licensee`s Account for the Service or to access Licensee`s Data. It is the responsibility and obligation of Licensee to control the distribution of the Software to its intended Diino account. Provision of access to the Software or the Service by the Licensee or through Licensee`s Account shall be subject to all the terms of this Agreement and shall be the responsibility of the Licensee. Any violation of this Agreement through the use of Software, the Account or Password received by the Licensee from the Licensor shall be the responsibility of Licensee. Should the Licencee grant access to the account or to a folder in the Diino service owned by the Licensee to a third party, the Licencee remains responsible for that the Diino is used accordingly to this Agreement. All rights not expressly granted by Licensor to Licensee are retained.
b. Proprietary Rights in Software: This Agreement grants Licensee no title or rights of ownership in the Software. Licensor retains title in and to the Software and any compilations and/or derivative rights thereof, including, without limitation, all additions and/or supplements thereof, and passwords therefore and all rights to patents, copyrights, trademarks, trade secrets and other intellectual property rights inherent therein and/or appurtenant thereto. Licensee shall not, by virtue of this Agreement or otherwise, acquire any proprietary rights whatsoever in the Software hereunder, and Licensee acknowledges that the Software is the confidential information of Licensor and the sole and exclusive property of Licensor. Any right not expressly granted to Licensee by this Agreement is hereby expressly reserved by Licensor. In the event that any changes, modifications, additions and/or alterations (collectively "Changes") are made to the Software, Licensee agrees that such Changes shall be the sole property of Licensor, unless Licensor shall have given its prior written consent to the contrary. Licensee assigns all right, title, and interest to such Changes, to Licensor and agrees to execute and deliver to Licensor all additional papers and generally do all other and further lawful acts reasonably deemed necessary by Licensor to perfect or otherwise register Licensor`s interest therein.
3. Service Provisions
a. Use of Account:
Activation- To activate the Account, Licensee must complete the registration process by providing Licensor with current, complete and accurate information as prompted by the registration form. In registering for the Service, Licensee agrees to submit accurate, current and complete information about Licensee and promptly update such information. Should Licensor suspect that such information is untrue, inaccurate, not current or incomplete, Licensor has the right to suspend or terminate Licensee`s usage of the Service.
Responsibilities- Licensee is solely responsible for any and all activities that occur under the Account. For security reasons, Licensee and any User should exit or log-off from the Account at the end of each session of use. Licensee is responsible for maintaining the confidentiality of any Activation Code(s) Licensee is given to access the Service, and is fully responsible for all activities that occur under Licensee`s Activation Code(s) or Licensee`s Password(s). Licensee agrees to notify Licensor immediately of any unauthorized use of Licensee`s Activation Code(s) or Password(s) or other breach of security that is known or suspected by Licensee. Licensor shall not be responsible for any unauthorized access to, or alteration of, Licensee`s transmission of Data, any Data sent or received, regardless of whether the Data is actually received by Licensor or results from Licensee`s failure to abide by this Agreement.
Compliance- Without limitation, Licensee agree not to use the Service to: (a) use information from the Service in connection with sending unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (c) transmit through or post on the Service unlawful, sexual or otherwise harassing, libellous, abusive, harassing, tortuous, defamatory, threatening, harmful, abusive, libellous, invasive of another`s privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; (d) transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity; (e) transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as, for example Trojan horses, worms, time bombs, cancel bots; (f) interfere with or disrupt servers or networks connected to the Service or violate the regulations, policies or procedures of such networks; (g) attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; (h) harass or interfere with another user`s use and enjoyment of the Service; or (g) operate or promote any business which competes with the Services or any service bureau type business under which it would resell similar services.
In addition, Licensee agrees to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with the Service. Licensee may not access, download, use or export the Service, or the Software in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. Licensee agrees to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the Service in violation of any such restrictions, laws or regulations, or without all necessary approvals. Licensee shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to its use of the Service outside the U.S. Neither the Service nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, (i) into Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department`s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department`s Table of Denial Orders. By agreeing to this Agreement, Licensee agrees to the foregoing and represents and warrants that it is not located in, under the control of, or a national or resident of any such country or on any such list.
3b. Fees for Service:
(1) Initial Term - Licensee has paid the annual fee for Service to the Supplier for the initial one year Term. The Term commences on the date of registration of the Service by Licensee and expires on the Licensee request. The Term will be automatically renewed at the end of each previous Term unless cancelled by the Licensee
(2) Initial Term - Licensee has paid the monthly fee for Service to the Supplier for the initial monthly subscription; The Term commences on the date of registration of the Service by Licensee and expires on the Licensee request. In the event Licensee wishes to extend the Term it may do so annually by contacting Licensor through the appropriate link within the Service and submitting the required payment information.
Additional Storage- Licensee can purchase additional Storage from Licensor at any time during the Term hereof by contacting Licensor through the appropriate link within the Service. The purchase of additional Storage from Licensor is incremental and not cumulative; therefore, if additional Storage is purchased by Licensee the total Storage purchased is equal to the additional Storage amount and not the sum of the initial Storage plus the additional Storage purchased by Licensee. In the event of purchase of additional Storage by Licensee, the one-year term for the Account shall be deemed renewed as of the date of purchase of such additional Storage with an appropriate credit for the time remaining in the Term of the Storage amount existing before the purchase of additional storage.
3c. Termination of Service: By Licensor- If Licensee fails to comply with this Agreement, Licensor, in its sole discretion, may shut down or terminate the Account or use of the Service and/or remove and discard any Data within the Service. Upon termination by Licensor or at Licensee`s direction, Licensee may request a file of its Data, which Licensor will make available for a fee which shall be provided by Licensor following such request from Licensee, however, the Data requested by the Licensee will be provided by the Licensor only if such Data does not consists of such inappropriate or unlawful material as referred to in 3.a. A request must be made by Licensee within thirty (30) days of receipt of the notification of termination from Licensor. Licensor will forward such file to Licensee within (30) days of receipt of the payment from Licensee.
By Licensee- Licensee must notify Licensor at least 24 hours prior to the expiration of the Term, of its intent to extend the Term. Failure by Licensee to notify Licensor of such election in a timely manner or the failure to make timely payment for the extension of the Term may result in treatment of the Account by Licensor as terminated and thereby result in the Service being suspended and Data being archived or purged.
In either case, upon termination of an Account, Licensee`s right to use such Account and the Service immediately ceases. Licensor shall have no obligation to maintain any Data stored in the Account or to forward any Data to Licensee or any third party. Licensee may terminate its Account upon notice to Licensor at any time. In no case will Licensee be entitled to receive a refund of any portion of any fees paid to Supplier or to Licensor.
3d. Account Data: Licensor does not own Data submitted to the Service or otherwise stored in Licensee`s Account. Licensor will not monitor, edit, or disclose any information regarding Licensee or its Account, including any Data, without Licensee`s prior permission except in accordance with this Agreement. Licensor may access Licensee`s Account, not the Data, to respond to service or technical problems or as otherwise stated in this Agreement. Licensee, not Licensor, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Data and Licensor shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Data. Licensor has no obligation to monitor the Service or any user`s use thereof or retain the content of any user session. However, Licensor reserves the right at all times to monitor, review, retain and/or disclose any information or files necessary to satisfy any applicable law, regulation, legal process, governmental request or this user Agreement.
3e. Changing the Diino service: Bytek Systems may at any time, for any reason, change the Diino service or remove functions in the Diino service. Our cancellation or interruption of the service may occur without reason and/or without previous warning. Should the Licensor cancel the service, the right of the Licencee to use the Diino service is terminated with immediate effect. Once the Diino service has been terminated or interrupted it may be the case that the Licencee may not be able to collect data/files stored in the Diino service. Should the Licensor terminate the Diino service, the Licencee is obligated to pay all fees for the time the Licencee has used the Diino service. Should the Licensor terminate the Diino service as a whole without reason, Bytek Systems will replace the Licensee pro rata the amount paid by the Licensee corresponding to the time left of the Licensees Diino service before the termination of the Diino service.
3f. For users using The Diino Service for free: the Licensor will allow third parties to advertise in the Diino and to advertise through mail to such users and such users approve of this advertising by their use of Diino.
EXCEPT FOR WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT, LICENSOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THE SOFTWARE OR SERVICES. LICENSOR SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES EVEN IN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. IN NO CASE SHALL LICENSOR`S LIABILITY FOR ANY CAUSE OF ACTION WHICH MAY ARISE UNDER THIS AGREEMENT EXCEED THE AMOUNTS PAID BY LICENSEE HEREUNDER FOR THE SOFTWARE. LICENSEE UNDERSTANDS AND AGREES THAT THE REMEDIES, EXCLUSIONS AND LIMITATIONS HEREIN ALLOCATE THE RISKS OF PRODUCT AND SERVICE NON-CONFORMITY BETWEEN THE PARTIES AS AUTHORIZED BY THE UNIFORM COMMERCIAL CODE AND/OR OTHER APPLICABLE LAWS. THE LICENSE HEREIN REFLECTS, AND IS SET IN RELIANCE UPON, THIS ALLOCATION OF RISK AND THE EXCLUSION OF CONSEQUENTIAL DAMAGES AND LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT.
The failure of Licensor to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. The parties agree that a materiel breach of this Agreement adversely affecting Licensor`s proprietary rights in the Software would cause irreparable injury to Licensor for which monetary damages would not be an adequate remedy and that Licensor shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law. This Agreement will be governed by and construed in accordance with the laws of Sweden. This Agreement states the complete understanding and agreement of the Parties with respect to the subject matter hereof and supersedes and merges all previous proposals of sale, communications, representations, understandings and agreements, whether oral or written, between the Parties with respect to the subject matter hereof. This Agreement may not be modified except by a writing subscribed to by authorized representatives of both Parties. Licensee may not assign, without the prior written consent of Licensor, Licensee`s rights, duties or obligations under this Agreement to any person or entity, in whole or in part.
The Diino client may be redistributed freely, as long as it is not resold without the explicit permission of Bytek Systems AB. When distributing the Diino client, it must be done in a way that states Bytek Systems AB as the owner of all rights to the Diino client. A right to redistribute the Diino client does not include any rights to the Diino trademark, patent or any other immaterial right to the Diino client. The Diino client may not be used for any illegal purposes. Redistributors that distribute the Diino client for illegal purposes or in a way that encourages to illegal use, or in a way that violates any of Byteks Systems AB´s rights to the Diino client may loose their right to redistribute the Diino client. Any distributor should provide the latest, non-beta, version available on http://www.diino.com/download.html, or, preferably, link to the download page directly.