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End-User License Agreement for SimpleSYN (EULA)

Date: 07/21/2015

IMPORTANT - READ CAREFULLY

This End-User License Agreement ("Agreement ") is a legal agreement between you (either an individual or a single entity) and creativbox.net, Torsten Leithold & Georg von Kries GbR (“creativbox.net”) for the product SimpleSYN, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation.

The software SimpleSYN and accompanying documentation is licensed and not sold. SimpleSYN is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. creativbox.net or its subsidiaries, affiliates, and suppliers own intellectual property rights in SimpleSYN. The Licensee’s (“you” or “your”) license to download, use, copy, or change SimpleSYN is subject to these rights and to all the terms and conditions of this Agreement.

Acceptance

You accept and agree to be bound by the terms of this Agreement by selecting the “Accept” option and downloading SimpleSYN or by installing, using, or copying SimpleSYN. You must agree to all of the terms of this agreement before you will be allowed to download or use the software product. If you do not agree to all of the terms of this agreement, you must not install, use, or copy SimpleSYN.

License Grant

This Agreement entitles you to install and use one copy of SimpleSYN. In addition, you may make one archival copy of SimpleSYN. The archival copy must be on a storage medium other than a hard drive, and may only be used for the reinstallation of SimpleSYN. This Agreement does not permit the installation or use of multiple copies of SimpleSYN, or the installation of SimpleSYN on more than one computer at any given time, on a system that allows shared used of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users. Multiple copy use or installation is only allowed if you obtain an appropriate license for each user and each copy of SimpleSYN. For further information regarding multiple copy licensing of SimpleSYN, please contact creativbox.net.

Trial Version

"Trial Version" means a version of SimpleSYN, to be used only to review, demonstrate and evaluate the Software for a limited time period. The Trial Version may have limited features and will cease operating after a predetermined amount of time due to an internal mechanism within the Trial Version.

SimpleSYN can be distributed as a Trial Version. The Trial Version is limited to run 30 days. You may download, install and use SimpleSYN free of charge on any computer during the 30 days immediately after SimpleSYN is installed (“Evaluation Period”). After the Evaluation Period, your continued use of SimpleSYN will be subject to payment of all applicable fees as described in section “Registration” below. Upon payment of the License Fee, you will be provided, through creativbox.net or creatibox.net’s authorized agent, with a confidential license file to access SimpleSYN (the “License Key”). You shall, at all times and without exception, maintain the confidentiality of the License Key. Specifically, you shall not disclose the information associated with the License Key to any other person, corporation or any other entity.

Restrictions on Transfer

Without first obtaining the express written consent of creativbox.net, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to SimpleSYN.

Restrictions on Use

You may not use, copy, or install SimpleSYN on any system with more than one computer, or permit the use, copying, or installation of SimpleSYN by more than one user or on more than one computer. If you hold multiple, validly licensed copies, you may not us, copy, or install SimpleSYN on any system with more than the number of computers permitted by license, or permit the use, copying, or installation by more users, or on more computers than the number permitted by license.

You may not decompile, “reverse-engineer”, disassemble, or otherwise attempt to derive the source code for SimpleSYN.

You may not use the database portion of SimpleSYN on connection with any software other than SimpleSYN.

Restrictions on Alteration

You may not modify SimpleSYN or create any derivative work of SimpleSYN or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of SimpleSYN. You may not reproduce the database portion or create any tables or reports relating to the database portion.

Export Restrictions

The software is subject to export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use.

Limited Warranty

During operation SimpleSYN requires an active internet connection and must connect to servers operated by creativbox.net. creativbox.net guarantees an average annual accessibility of its servers of 98%. This shall not include times when the server is not accessible due to technical or other problems outside creativbox.net’s scope of influence (such as force majeure or culpable acts by third parties etc.).

creativbox.net shall have the right to restrict access to the services if this is necessary in order to ensure the safety of the operation of the network, in order to maintain the network’s integrity, in particular in order to avoid severe disturbances to the network, the software or to stored data.

Program errors in software developed by creativbox.net should be reported in writing, and should be specified and documented in such a way as to enable the examination of the contents of the issue. You are aware that program errors cannot be completely excluded using state-of-the-art technology. Therefore, such errors shall not represent defects as defined by laws. Program errors shall be eliminated by creativbox.net, free of charge during the warranty period, and against payment after its expiration. creativbox.net shall have three attempts to eliminate errors.

Furthermore, creativbox.net does not warrant the faultless operation of the programs with the agreed program functions and characteristics for all possible combinations of hardware and software.

The warranty period for consumers shall be 24 months, for businesses 12 months, unless other agreements have been entered into. All warranty claims shall expire if the customer, whether himself or through third parties, interferes with the application software without expressed consultation with creativbox.net.

If material defects, program errors or program defects reported by the customer do not actually exist, the customer shall bear the costs incurred for the examination, if applicable, based on the valid creativbox.net cost rates.

Disclaimer of Warranties and Limitation of Liability

SimpleSYN is provided and licensed to you “AS IS”. Unless otherwise explicitly agreed to in writing by creativbox.net, creativbox.net makes no other warranties, express or implied, in fact or in law, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose other than as set forth in this agreement or in the limited warranty documents provided with SimpleSYN.

creativbox.net makes no warranty that SimpleSYN will meet your requirements or operates under your specific conditions of use. creativbox.net makes no warranty that operation of SimpleSYN will be secure, error free, or free from interruptions. You must determine whether SimpleSYN sufficiently meets your requirements for security and uninterruptability. You bear sole responsibility and all liability for any loss incurred due to failure of SimpleSYN to meet your requirements.

creativbox.net will not, under any circumstances, be responsible or liable for the loss of data on any computer or information storage device.

Under no circumstances shall creativbox.net, its directors, officers, employees or agents be liable to you or any other party for indirect, consequential, special, incidental, punitive, or exemplary damages of any kind (including lost revenues or profits or loss of business) resulting from this agreement, or from the furnishing, performance, installation, or use of SimpleSYN, whether due to a breach of contract, breach of warranty, or the negligence of creativbox.net or any other party, even if creativbox.net is advised beforehand of the possibility of such damages. To the extent that the applicable jurisdiction limits creativbox.net’s ability to disclaim any implied warranties, this disclaimer shall be effective to the maximum extent permitted.

Limitation of Remedies and Damages

Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of SimpleSYN. Selection of whether to correct or replace shall be solely at the discretion of creativbox.net. creativbox.net reserves the right to substitute a functionality equivalent copy of SimpleSYN as a replacement. If creativbox.net is unable to provide a replacement or substitute of SimpleSYN or corrections to SimpleSYN, your sole alternate remedy shall be a refund of the purchase price for SimpleSYN exclusive of any costs for shipping and handling.

Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by creativbox.net to have been caused by you. All limited warranties on SimpleSYN are granted only to you and are non-transferable. You agree to indemnify and hold creativbox.net harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.

Registration

If you use SimpleSYN after the 30 day evaluation period, you agree to obtain a registered license from creativbox.net and pay all applicable fees. Unless you and creativbox.net have entered into a separate agreement, fees shall be the then current fees set forth on creativbox.net’s website at www.simplesyn.net, or at a successor site.

You need a license per computer you want to synchronize. If you want to use SimpleSYN with multiple users on a single computer, you need a license for each additional user.

Licenses are offered with lifetime of use without any recurring billing or time limits on use. All updates within the same major version (e.g. version 4.0 to version 4.1, version 4.1 to version 4.2 etc.) are included. Major upgrades to new versions (e.g. version 4.x to version 5.x) are optional and available for an additional few.

Customer Support

Subject to creativbox.net’s availability and resources, customer support for SimpleSYN may be provided in the first year for free by creativbox.net through its email address at support@simplesyn.net. creativbox.net does not provide any support via phone for free.

Term and Termination

The term of this Agreement will commence upon your selection of the “Agree” option and will continue until terminated as specified in this section. The license granted under this Agreement shall terminate 30 days following installation of SimpleSYN unless you register SimpleSYN and pay all applicable fees. The license will automatically terminate earlier if you fail to comply with the limitations described herein. You may terminate this Agreement any time by destroying all copies of SimpleSYN in your possession and by discontinuing all use of SimpleSYN. creativbox.net may terminate this Agreement and without prior notice take appropriate technical measures to effect such termination in the following cases:

(a) You fail to comply with the terms of this Agreement;

(b) You distribute SimpleSYN without prior authorization by creativbox.net; or

(c) Your use of SimpleSYN gives rise to any legal action against creativbox.net or its officers, directors, employees or agents.

Any termination by creativbox.net pursuant to this section will be exercised without limiting any other rights or remedies of creativbox.net. Upon termination of this Agreement, the license granted in section “License Grant” will terminate and you must immediately destroy all copies of SimpleSYN in your possession or control.

Governing Law

This Agreement is governed by the laws of Germany without reference to conflict of laws principles that would require the application of the laws of any other jurisdiction.

Miscellaneous

If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions hall remain in force and effect to the maximum extent permitted by such applicable laws.

This Agreement is the final, complete, and exclusive agreement between the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written.

Should you have any questions concerning this Agreement, or if you desire to contact creativbox.net for any reason, please contact by electronic mail at: info@creativbox.net

Torsten Leithold & Georg von Kries GbR
creativbox.net - Internet Lösungen
Glashüttenstr. 2
30165 Hannover
info@simplesyn.net

Copyright © 2004 - 2015 creativbox.net, Torsten Leithold & Georg von Kries GbR. All rights reserved.
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