@MAX SyncUp distribution permissions and end-user license agreement

@MAX SyncUp
Electronic End-User Software License Agreement

NOTICE TO USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. THIS SOFTWARE END-USER LICENSE AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU AND @MAX SOFTWARE. USE OF THE @MAX SYNCUP SOFTWARE PROVIDED WITH THIS AGREEMENT (THE "@MAX SyncUp") CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL AND/OR USE THIS SOFTWARE. USER'S USE OF THIS SOFTWARE IS CONDITIONED UPON COMPLIANCE BY USER WITH THE TERMS OF THIS AGREEMENT.

1. LICENSE GRANT.
@MAX SyncUp is distributed under two types of licenses: Free license and Pro-license.
i. Free license allows you to use @MAX SyncUp free of fee for personal non-commercial purposes. Non-commercial purpose means you do not use @MAX SyncUp for profitable activity. Free license restricts use of @MAX SyncUp and allows setting up only 1 (one) sync profile. Free license restrictions may change over time without notice to you.
ii. Pro-license allows you to use @MAX SyncUp for commercial purposes and does not restrict a number of used profiles. This license provides 30 (thirty)-day trial period when you may use @MAX SyncUp for free for evaluation purposes. At the end of this period you must pay the registration fee or you must remove @MAX SyncUp from your system.
You are expected to use @MAX SyncUp on your system and to thoroughly evaluate its usefulness and functionality before making a purchase. This "try before you buy" approach is the ultimate guarantee that @MAX SyncUp will perform to your satisfaction; therefore, you understand and agree that there is no refund policy for any purchase of @MAX SyncUp.
You may not modify @MAX SyncUp or disable any licensing or control features of @MAX SyncUp except as an intended part of the @MAX SyncUp programming features. This license is not transferrable to any other system, or to another organization or individual.

2. OWNERSHIP.
@MAX SyncUp is exclusively owned and copyrighted by @MAX Software. Your license confers no title or ownership in @MAX SyncUp and should not be construed as a sale of any right in @MAX SyncUp.

3. REVERSE ENGINEERING.
You agree that you will not attempt to reverse compile, modify, translate, or disassemble @MAX SyncUp in whole or in part.

4. REDISTRIBUTION.
You are licensed to make copies of the unmodified Evaluation Versions of this Software Installation package as you wish and to give exact copies of the unmodified Evaluation Version to anyone.
You are specifically prohibited from charging, or requesting donations, for any such distribution without the prior express written permission of @MAX Software.
You must not give away your registration code. Doing so will result in an infringement of copyright. The @MAX Software retains 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 @MAX Software incur in defending themselves.

5. NO OTHER WARRANTIES.
@MAX SYNCUP IS DISTRIBUTED "AS IS". @MAX SOFTWARE DOES NOT WARRANT THAT @MAX SYNCUP IS ERROR FREE. @MAX SOFTWARE DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO @MAX SYNCUP, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

6. NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
IN NO EVENT SHALL @MAX SOFTWARE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF @MAX SYNCUP, EVEN IF @MAX SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL @MAX SOFTWARE'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.

7. ENTIRE AGREEMENT.
This is the entire agreement between you and @MAX Software which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license.

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