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1. License
2. Permitted Uses and Restrictions
3. Changes and Upgrades
4. Contacts backup limitations
5. Disclaimer of Warranty on Pro Softnet Software
6. Limitation of Liability
7. Indemnification
8. Export Law Restrictions
9. Termination
10. Controlling Law and Severability
11. Complete Agreement
12. Electronic transactions
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1. License
Pro Softnet Inc., a California corporation, ('Pro Softnet') and the maker of Pro Softnet IDrive Lite software ('Pro Softnet Software') – http://www.idrivelite.com hereby grants to the user (hereafter 'you') a personal, non-exclusive, non-transferable license (the 'License'), without the right to sublicense, to use the application, installation, utility, system, upgrade or other software accompanying this License, whether on disk, in read only memory, or on any other media (the 'Pro Softnet Software'), the related documentation and materials. The Pro Softnet Software is licensed for use in object code form only, for your internal use and only on a specific hardware system (iPhone, Blackberry and Android devices as of now). The Pro Softnet Software is licensed, not sold, to you by Pro Softnet Inc. You acknowledge that Pro Softnet Inc. and/or Pro Softnet Inc.'s licensor(s) (hereafter, collectively referred to as 'Pro Softnet') retain all other ownership rights connected with the Pro Softnet Software, including, without limitation, all copyrights, trademark rights, and all other intellectual property rights. You agree to refrain from any action, which would diminish such rights or would call them into question. You agree that this License shall apply to any software provided to you by Pro Softnet or Pro Softnet's representative as replacement or upgrade software to substitute for or to be used in conjunction with the software accompanying this License.
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2. Permitted Uses and Restrictions
This License allows you to install and use the Pro Softnet Software to enable you to execute the backups of your contact information on your hardware device (iPhone / Blackberry / Android phones) to the Pro Softnet servers. You may install and/or operate the Pro Softnet Software on one or more than one hardware (iPhone / Blackberry / Android phones) unit at a time. You may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, create derivative works from the Pro Softnet Software. Your rights under this License will terminate automatically without notice from Pro Softnet if you fail to comply with any term(s) of this License.
You may access the Pro Softnet Software and any corresponding services only through the interfaces and protocols provided or authorized by Pro Softnet Inc. You agree to abide by all laws and regulations in effect regarding your use of the Pro Softnet Software. Finally, you may not authorize or assist any third party to do any of the things prohibited in this paragraph. |
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3. Changes and Upgrades
Pro Softnet may change or discontinue any feature or component on the Pro Softnet Software at any time and without notice. Any supplemental software, fixes or upgrades ('Upgrades') may be subject to additional terms and conditions that will be presented to you at the time of such Upgrades. By installing and using the Upgrades, you agree to comply with such additional guidelines and rules.
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4. Contacts backup limitations
Based on the type of device, Operating System and version, the contact information can contain multiple pieces of information per contact. While certain basic key pieces of information including Phone numbers, Email addresses etc. are covered, due to certain API limitations the contacts information backed up may not cover all the pieces of information related to a contact.
It is always recommended that you backup your iPhone / Blackberry / Android phones Contact information to your local machine using the relevant software provided by the device manufacturers. This should serve as your primary backup copy for all of your contacts and associated information with those contacts.
IDrive Lite is intended to only serve as a secondary backup location that helps you retrieve your Contacts information in case of any eventuality to your primary backup on your local machine. In other words, IDrive Lite works to supplement your Contact Information backup to an offsite location in addition to your local machine backups.
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5. Disclaimer of Warranty on Pro Softnet Software
You expressly acknowledge and agree that use of the Pro Softnet Software is at your sole risk. The Pro Softnet Software is provided 'AS IS,' 'WITH ALL FAULTS' and without warranty of any kind.
You, not Pro Softnet, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all data that you transfer through the Pro Softnet Software and Pro Softnet shall not be responsible or liable for the deletion, corruption, destruction, damage, loss or failure to store any data. It is your responsibility to verify that all desired files are successfully backed up after you make a transfer using the Pro Softnet Software.
PRO SOFTNET EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES THAT THE PRO SOFTNET SOFTWARE AND SERVICES DISTRIBUTED BY PRO SOFTNET ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. PRO SOFTNET DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PRO SOFTNET SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE PRO SOFTNET SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PRO SOFTNET SOFTWARE WILL BE CORRECTED. FURTHERMORE, PRO SOFTNET DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRO SOFTNET SOFTWARE OR RELATED DOCUMENTATION OR SUPPORT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PRO SOFTNET OR AN AUTHORIZED REPRESENTATIVE OF PRO SOFTNET SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE PRO SOFTNET SOFTWARE PROVE DEFECTIVE, YOU (AND NOT PRO SOFTNET OR AN AUTHORIZED REPRESENTATIVE OF PRO SOFTNET) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
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6. Limitation of Liability
PRO SOFTNET SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE PRO SOFTNET SOFTWARE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST OR MISDIRECTED DATA, LOSS OF GOODWILL, WORK STOPPAGE, DEVICE FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF PRO SOFTNET KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, PRO SOFTNET'S LIABILITY, AND THE LIABILITY OF ITS SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
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7. Indemnification
You agree to defend, indemnify, and hold harmless Pro Softnet and its parent and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of the Pro Softnet Software. Pro Softnet reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Pro Softnet in asserting any available defenses.
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8. Export Law Restrictions
Pro Softnet controls and operates this Service from its location in the United States of America and is subject to the United States Export Administration Laws and Regulations. Pro Softnet makes no representation that the Pro Softnet Software is appropriate or available for use in other locations. You agree that the Pro Softnet Software will not be exported outside the United States except as authorized by United States law. You also agree that Pro Softnet Software that has been rightfully obtained outside of the United States shall not be exported except as authorized by the laws of the United States and of the jurisdiction in which the Pro Softnet Software was obtained.
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9. Termination
If Pro Softnet believes that You have violated Your obligations under this Agreement, Pro Softnet may, at its option and in addition to its other remedies, immediately and without notice, suspend Your Account, remove and destroy Contacts and associated Information stored by You on Pro Softnet's servers and/or terminate this Agreement. Pro Softnet will not be liable to You or any third party for any suspension or termination of Your Account or the Service.
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10. Controlling Law and Severability
This License shall be governed by the laws of the United States and the State of California. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect. You further agree that any disputes or claims that you may have against Pro Softnet will be resolved by a court located in the State of California.
BY AGREEING TO THIS LICENSE AGREEMENT, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST PRO SOFTNET BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF CALIFORNIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH PRO SOFTNET; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF CALIFORNIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
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11. Complete Agreement
This License constitutes the entire agreement between the parties with respect to the use of the Pro Softnet Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Pro Softnet. Pro Softnet may assign this contract at any time without notice to you.
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12. Electronic transactions
Your affirmative act of installing the Pro Softnet Software constitutes your consent to enter into agreements with Pro Softnet electronically. You also agree that Pro Softnet may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Pro Softnet Software (collectively, 'Notices'). Pro Softnet can send you electronic Notices to the e-mail address that you provided to Pro Softnet during registration. The delivery of any Notice from us is effective when sent by Pro Softnet, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based operating system with an Internet browser or a Macintosh-based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
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