AllSync License Agreement
1. Subject Matter of the AgreementThe subject of this Agreement is the computer program and the documentation, referred to hereinafter as the "Software". MTSD would like to point out that the present state of the art does not enable software to be created that can be run without any errors in all applications and combinations thereof. The subject of this Agreement is consequently only one software product that is fit for the purposes detailed in the description and the user manual.
2. Grant of LicenseFor the duration of this Agreement, MTSD grants you the simple, non-exclusive and personal right (henceforth referred to as "license") to use a copy of the Software on a single computer. As a licensee, you may physically transfer the Software (i.e. saved on a data medium), on condition that it not be used on more than one computer at a time. Further use, especially repeated installation, use, and subsequent uninstallation on various computers (floating license) is prohibited.
2.1. Number of Licenses
At least one license is required for each user of AllSync. A license enables data transfer over a network between a maximum of two devices with a separate IP address (e.g. computer or NAS drive). The number of licenses has to be increased by 1 for each additional device with an individual IP address in the network with which data transfer takes place:
2.2. Installation and Use
2.2.1. Use of the Software by One Individual under This Agreement
The Licensee may install and use the Software on more than one computer provided that the Software is started on only one computer at any one time.
2.2.2. Use of the Software by More Than One Person under This Agreement
The Software may be installed and used by more than one person on different computers in accordance with the number of licenses specified in Section 2.1.
2.3. AllSync Home Edition
The Home Edition of AllSync may only be used for private (i.e. non-commercial) purposes. You need the Professional or Business Edition if you are using AllSync commercially.
2.4. AllSync Demo Version
You are entitled to test the demo version of the Software free of charge and without obligation for a period of 21 days. If you wish to continue using the Software after this 21-day period, you must purchase the relevant license.
3. Description of Further Rights and RestrictionsLicensee is prohibited from
(a) modifying, translating, reverse-engineering, decompiling or disassembling the Software without the prior express written consent of MTSD.
(b) creating derivative works from the Software; or making copies of the written material, translating or altering the written material; or creating derivative works from the written material.
(c) distributing copies of the Software or license keys to third parties.
(d) changing or removing the copyright mark on the copies of the Software.
(e) distributing, leasing, renting out, or lending the Software
The Licensee may use the Software only in compliance with applicable laws.
4. Ownership of RightsAny and all ownership rights applying to the Software and all copies thereof, including but not limited to copyright, belong to MTSD. Any non-explicitly claimed rights are reserved by MTSD. The purchase of a license for the product simply grants a right to use the Software as described in the conditions of the license agreement. This does not imply a right to the Software itself. In particular, MTSD reserves all publication, reproduction, editing and utilization rights to the Software.
5. Duplication, CopyingThe Software and accompanying documentation are protected by copyright and other intellectual property laws and by international treaties. You have the right to create copies of the Software for backup and archival purposes. In so doing, you must also reproduce MTSD's copyright mark on the physical medium or in the program. Any copyright mark present in the Software may not be removed. You are expressly prohibited from copying or otherwise reproducing the Software including the accompanying documentation, whether in whole or in part, whether in its original form or a modified form, or whether combined with other software or integrated with other software in any manner. You may reproduce the installation files as often as you wish provided you pass on the demo version only. However, you may only pass on exact copies and may not alter them in any way. You may not demand any kind of compensation for this reproduction. You may not distribute or market this product in combination with other products — whether commercially or non-commercially — without the prior written consent of MTSD.
6. Term of the AgreementThis Agreement is concluded for an indefinite period of time. The right of the Licensee to use the Software shall be revoked automatically and without notice in the event he or she violates any terms of this Agreement. Upon termination of the right of use, the Licensee must destroy the Software including all copies and the written material.
7. Compensation for Breach of ContractMTSD would like to point out that you are responsible for any loss or damage incurred by MTSD arising from breach of copyright and violations of the terms and provisions hereof.
8. Modifications and UpdatesMTSD is entitled to update the software at any time as it shall see fit. MTSD is not obligated to make updated versions available to licensees who have not registered their product with MTSD, or who have not paid the update fee. Any additional software code that is made available to you as an update is considered part of the Software and is therefore subject to the terms of this Agreement.
9. Warranty and Liability of MTSD9.1. For the reasons mentioned in Section 1 hereinabove, MTSD assumes no liability or warranty or representation, either expressed or implied, with respect to the Software, including its quality, its being free of errors, its performance, merchantability, or fitness for a particular purpose. In particular, MTSD does not warrant that the software product will conform to the purchaser's requirements and purposes, or that it will function together with other programs selected by him or her. The purchaser is responsible for the correct choice of software and the consequences of using that software, as well as the intended results. The same applies to the documentation accompanying the software. If the software is fundamentally unfit for use as described in Section 1, the purchaser has the right to rescind the agreement. MTSD has the same right should the creation of software that is fundamentally fit for use as described in Section 1 not be feasible.
9.2. MTSD shall not be responsible for any damage, unless such damage is the result of willful acts or gross negligence on the part of MTSD. In contracts with merchants, an assumption of liability for gross negligence is excluded. This does not apply to assurances by MTSD for any warranted characteristics. No liability is assumed for incidental, special, indirect or consequential damage, including but not limited to loss of or non-realized profits, lost earnings, damage or loss as the result of data loss, damage or loss incurred by third parties, consequential damage such as damage to programs or data media.
10. Right to Rescind Contract10.1. As a consumer, you have the right to rescind the contract within 14 days.
10.2. Your right to rescind the contract pursuant to Section 3(2)(2) of the German Distance Selling Act (FernAG) shall not apply in the event of the provision of software for the which the seal on the data media has been broken.
10.3. The right of rescission also does not apply in the event that the software or an individual registration key is transferred via e-mail since the transmission of the e-mail is equal to breaking the seal of a data medium.
11. Venue and JurisdictionIf the Licensee is a registered merchant under German law, this Agreement shall be governed and interpreted in accordance with the laws of the Federal Republic of Germany. In this case, it is agreed and understood that the competent state and federal courts of record of the Federal Republic of Germany shall have jurisdiction with regard to any and all disputes arising from or in connection with this Agreement.
Michael Thummerer Software Design
Residenz am Schloßgarten
Talstrasse 34-42 A3
Last modified: 26.09.2007