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SyncMyCal Mobile Pro End User License Agreement

This license is for users who have obtained from Synchronization Technologies Inc. a valid license key for SyncMyCal Mobile Pro. If you have not obtained a valid License Key for SyncMyCal Mobile Pro, see the section titled SyncMyCal Mobile Lite End User License Agreement

This License only applies to the executable code for the SyncMyCal Mobile Pro version of the SyncMyCal Mobile software and any accompanying distributable files, data and materials ("SyncMyCal Mobile"). You should carefully read the following terms and conditions before using, installing, copying, distributing, or transmitting this software. By using, installing, copying, distributing, or transmitting SyncMyCal Mobile, you agree to all of the terms of this End User license agreement ("License"). Refer to www.syncmycal.com for pricing and licensing of Pro version of SyncMyCal Mobile.

Under the terms of this License, you will have the opportunity to experience the benefits of all the features of the SyncMyCal Mobile Pro version. For a complete description of SyncMyCal Mobile's features, refer to www.syncmycal.com.

Please read the license terms below. If you do not agree to all of the terms and conditions of this License, then do not use, install, copy, distribute, or transmit SyncMyCal Mobile.

 

Subject to the terms below, you are hereby licensed by Synchronization Technologies Inc. to non-exclusive, and non-transferable license to install and use the of SyncMyCal Mobile Pro product. Use of SyncMyCal Mobile Pro without acquiring such a license from Synchronization Technologies is outside the scope of this License and a violation of U.S. and international copyright laws.

This SyncMyCal Software Personal Use License Agreement (this "Agreement") is a legal agreement between you (either an individual or a legal entity) ("Licensee") and SyncMyCal Software AS ("SyncMyCal") and pertains to the SyncMyCal software product(s) accompanying this Agreement, which include(s) computer software and may include "online" or electronic documentation, associated media, and printed materials, including the source code, example programs and the documentation ("Licensed Software").

  1. This SyncMyCal Mobile Pro End User License Agreement (this "Agreement") is a legal agreement between you (either an individual or a legal entity) ("Licensee") and Synchronization Technologies Inc. AS ("Synchronization Technologies") and pertains to the SyncMyCal Mobile software product(s) accompanying this Agreement, which include(s) computer software, Personal Digital Assistant software and may include "online" or electronic documentation, associated media, and printed materials, including the source code, example programs and the documentation ("Licensed Software").

  2. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold.

  3. By installing, copying, or otherwise using the Licensed Software, Licensee agrees to be bound by the terms of this License. If Licensee does not agree to the terms of this License, Licensee should not install, copy, or otherwise use the Licensed Software. In addition, by installing, copying, or otherwise using any updates or other components of the Licensed Software that Licensee may receive separately as part of the Licensed Software ("Updates"), Licensee agrees to be bound by any additional license terms that accompany such Updates. If Licensee does not agree to the additional license terms that accompany such Updates, Licensee should not install, copy, or otherwise use such Updates.

  4. Upon Licensee's acceptance of this License, Synchronization Technologies grants to Licensee an individual, non-exclusive, non-transferable license to use the Licensed Software.

  5. The license granted Licensee is subject to all of the following conditions:

       - the Licensed Software may only be downloaded for personal use or internal      business use.

       - the Licensed Software may not be used by others than Licensee.

       - Licensee may copy the Licensed Software only for backup purposes in support of      Licensee's use of Licensee's products, provided that Licensee reproduces all      copyright  and other proprietary notices that are on the original copy of the      Licensed Software.

  6. Licensee may not rent, lease or lend the Licensed Software. Licensee may not distribute, transfer, assign or otherwise dispose of, the Licensed Software or any part thereof, solely or as a part of another product in any other form.

  7. The deployment of all or part of the Licensed Software may require licenses under third party intellectual property rights, including without limitation, patent rights. Synchronization Technologies is not responsible and shall not be held responsible in any manner for identifying or failing to identify any or all such third party intellectual property rights.

  8. If you have paid for a single SyncMyCal Mobile Pro License and received a valid Pro License Key, you are deemed to have a single "Licensed Copy" of SyncMyCal Mobile, and are authorized to access all software features, including those designated as Pro features.

  9. If you have purchased a single-user license you have the right to install and use a single copy of SyncMyCal Mobile on one Personal Digital Assistant (PDA) for non-simultaneous use by one or more persons and install a second copy of SyncMyCal Mobile on another Personal Digital Assistant (PDA)  for the exclusive use of the person who is the primary user of the first copy of SyncMyCal Mobile. If you have purchased multiple licenses you have the right to install or access a copy of SyncMyCal Mobile Pro on multiple Personal Digital Assistant (PDA) devices  up to the number of "Licensed Copies" that you have acquired, as determined below.

  10. You may not give, transfer or sell copies of SyncMyCal Mobile to your customer(s), or any third party, in whole or in part, nor include copies of SyncMyCal Mobile, in whole or in part, in, or with, products you sell.

All rights of any kind in SyncMyCal Mobile which are not expressly granted in this License are entirely and exclusively reserved to and by Synchronization Technologies. SyncMyCal Mobile is protected by the United States copyright laws and other applicable national and international laws and treaties. You may not rent, lease, sublicense, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, SyncMyCal Mobile, in whole or in part, nor permit anyone else to do so. You may not make access to SyncMyCal Mobile available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so. The license granted hereunder includes no rights in or to the source code version of SyncMyCal Mobile.

 

SyncMyCal Mobile, and any and all accompanying software, files, data and materials, are distributed and provided "AS IS" and with no warranties of any kind, whether express or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose. Neither Synchronization Technologies nor any of its affiliates or licensors warrant, guarantee, or make any representations regarding the use of, or the results of the use of, SyncMyCal Mobile. Neither Synchronization Technologies nor any of its affiliates or licensors warrant that the operation of SyncMyCal Mobile will be uninterrupted or error-free, or that the use of any passwords and/or encryption features will be effective in preventing the unintentional disclosure of information contained in any file. You acknowledge that good data processing procedure dictates that any program, including SyncMyCal Mobile, must be thoroughly tested with non-critical data before there is any reliance on it, and you hereby assume the entire risk of all use of the copies of SyncMyCal Mobile covered by this License. This disclaimer of warranty constitutes an essential part of this License.

Except to the extent expressly prohibited by applicable statutes, Synchronization Technologies, its affiliates or licensors shall not be liable for any damage or financial loss arising out of the use of, or inability to use, SyncMyCal Mobile. Any liability of Synchronization Technologies, its affiliates or licensors will be limited exclusively to refund of any license or registration fee paid to Synchronization Technologies for the returned SyncMyCal Mobile licenses. Except to the extent expressly prohibited by applicable statutes, in no event shall Synchronization Technologies, or its principals, shareholders, officers, employees, affiliates, licensors, contractors, subsidiaries, or parent organizations, be liable for any direct, indirect, incidental, consequential, special, or punitive damages whatsoever relating to the use of SyncMyCal Mobile, or to your relationship with Synchronization Technologies, its affiliates or licensors (including, without limitation, loss or disclosure of data or information, loss of profit, revenue, business opportunity or business advantage, or business interruption), whether based upon a claim or action of contract, warranty, negligence, strict liability, contribution, indemnity, or any other legal theory or cause of action, even if advised of the possibility of such damages.

In addition, in no event does Synchronization Technologies authorize you or anyone else to use SyncMyCal Mobile in applications or systems where SyncMyCal Mobile's failure to perform can reasonably be expected to result in a significant physical injury, or in loss of property, or loss of life. Any such use is entirely at your own risk, and you agree to hold Synchronization Technologies, its affiliates or licensors harmless from any and all claims or losses relating to such unauthorized use.

 
SyncMyCal Mobile is provided with "Restricted Rights". Use, modification, duplication, release, performance, display, or disclosure by the U.S. Government or government contractors is subject to the restrictions set forth in subparagraph (c) (1) and (2) of the Commercial Computer Software Restricted Rights clauses at 48 CFR 52.227-19, the provisions related to rights in data set forth in FAR 52.227-14, Alternate III(g)(3), and the provisions relating to Rights in Commercial Computer Software or Commercial Computer Software Documentation at 48 CFR 227.7202-3.
 
SyncMyCal Mobile is subject to certain export restrictions of the United States Government. If you are (a) in a country to which export from the United States is restricted for anti-terrorism reasons, or a national of any such country, wherever located, (b) in a country to which the United States has embargoed or restricted the export of goods or services, or a national of any such country, wherever located, or (c) a person or entity who has been prohibited from participating in United States export transactions by any agency of the United States Government, then you may not install, download, access, use, or license SyncMyCal Mobile. By accepting this License, you warrant and represent to Synchronization Technologies that (1) you do not match the criteria set forth in (a), (b), or (c) above, (2) that you will not export or re- export SyncMyCal Mobile to any country, person, or entity subject to U.S. export restrictions, including those persons and entities that match the criteria set forth in (a), (b), or (c) above, and (3) that neither the United States Bureau of Industry and Security, nor any other U.S. federal agency, has suspended, revoked, or denied your export privileges.
 

Licensee may terminate this License at any time by destroying all copies of Software. This License will terminate immediately without notice from Synchronization Technologies if Licensee fails to comply with any provision of this License. Upon such termination, Licensee must destroy all copies of Software.

 

At your own expense, you shall indemnify, defend, and hold harmless Synchronization Technologies, its affiliates and licensors, and their directors, officers, trustees, shareholders, employees, agents, successors and assigns from and against any and all claims, expenses, losses, damages, costs, liabilities and judgments, including without limitation reasonable attorneys' fees and expenses, arising out of or relating to any claim resulting from or related to: (i) any use by you of SyncMyCal Mobile other than as expressly allowed by this License or in a manner inconsistent with any accompanying documentation; (ii) any breach of this License by you; or (iii) any violation of applicable law by you, your directors, officers, trustees, shareholders, employees, subsidiaries, agents, successors and assigns.

 

SyncMyCal Mobile, including, without limitation, the information included in its accompanying distributable files, data and materials, and the know-how embodied in SyncMyCal Mobile, is confidential and trade secret information (the "Proprietary Information") that is proprietary to and solely owned or licensed by Synchronization Technologies, together with all related copyrights and trademarks relating thereto. You agree to maintain the Proprietary Information in strictest confidence for the benefit of Synchronization Technologies and its licensors. You shall not sell, license, publish, display, distribute, disclose, or otherwise make available or allow to be made available the Proprietary Information, including, without limitation, any activation codes or registration code files, to any third party nor use such Proprietary Information except as authorized by this License. The obligations under this paragraph shall survive any termination or cancellation of the License.

This License is the complete statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements, and arrangements.

This License shall be governed by the laws of the State of California, without regard to choice-of-law rules. Exclusive jurisdiction and venue for all matters relating to this License shall be in courts and fora located in the State of California, and you consent to such jurisdiction and venue.

There are no third-party beneficiaries of any promises, obligations, or representations made by Synchronization Technologies herein.

Any waiver by Synchronization Technologies of any violation of this License by you shall not constitute, nor contribute to, a waiver by Synchronization Technologies of any other or future violation by you of the same provision, or any other provision, of this License. You acknowledge and agree that monetary damages alone would not be an adequate remedy in the event of a material breach by you of your obligations or agreements under this License and that, in such event, Synchronization Technologies or any of its affiliates shall be entitled to injunctive relief to require you to comply with its obligations hereunder. Any remedy available under this License shall be cumulative and not exclusive of any other remedy available Synchronization Technologies l or any of its affiliates under this License, at law or in equity.

If any part of this License or the application thereof to any person or circumstance is for any reason held invalid or unenforceable, it shall be deemed severable, and the validity of the remainder of this License, or the applications of such provision to other persons or circumstances, shall not be affected thereby.


 
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