» version 2 - posted on 2009-03-02
EULA - End User License Agreement
Dmailer Sync™ Software End User License Agreement(EULA):
IMPORTANT - THIS IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR AN ENTITY) AND DMAILER.
BY INSTALLING AND/OR BY USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS.
YOU FURTHER AGREE THAT IT IS THE FULL AND COMPLETE AGREEMENT BETWEEN US, SUPERSEDING ALL PRIOR WRITTEN OR VERBAL GREEMENTS OF ANY KIND.
IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST CEASE USING THIS PRODUCT IMMEDIATELY.
1. GRANT OF LICENSE.
This License Agreement permits you to use one copy of the enclosed Dmailer Sync™ software program (the "SOFTWARE") on a single and unique Dmailer external device.
The SOFTWARE is in "use" on a computer when it, in usable form, is installed and ran only from Dmailer external device.
The SOFTWARE is owned by DMAILER and is protected by European copyright laws and international treaty provisions.
The SOFTWARE must be treated like all other copyrighted materials (e.g. books or musical recordings), with the two following exceptions:
You may either make copies of the SOFTWARE solely for backup or archival purposes. You may not copy any written materials accompanying the SOFTWARE.
3. OTHER RESTRICTIONS.
Renting or leasing of the software is not permitted. You may transfer the SOFTWARE and accompanying written materials on a permanent basis provided you retain no copies and the recipient agrees to the terms of this Agreement. You may not decompile, reverse engineer, or disassemble the SOFTWARE.
If the SOFTWARE is an update or has been updated, any transfer must include the most recent update and all prior versions.
4. LIMITED WARRANTY.
This program is provided "as is" without any warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
The entire risk as to the quality and performance of the SOFTWARE is with you, the licensee.
Should the SOFTWARE prove defective, you assume the risk and liability for the entire cost of all necessary repair, service, or correction.
DMAILER reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms or conditions (collectively, the "Additional Terms") on your use of the SOFTWARE.
Such updates, revisions, supplements, modifications and Additional Terms will be effective immediately and incorporated into this Agreement.
Your continued use of the SOFTWARE following such updates, revisions, supplements, modifications and Additional Terms will be deemed to constitute your acceptance of all of them.
All updates, revisions, supplements, modifications and Additional Terms are hereby incorporated into this Agreement by this reference.
DMAILER does not warranty the functions contained in the SOFTWARE will meet your requirements, or that the operation of the SOFTWARE will be error-free or uninterrupted.
5. NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
To the maximum extent permitted by applicable law, in no event shall DMAILER or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use or inability to use this DMAILER product, even if DMAILER has been advised of the possibility of such damages or for any claim by any other party. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Should you have any questions concerning this Agreement, you may contact DMAILER by internet at http://www.dmailer.com or by writing to
DMAILER, 37 rue Guibal, 13003 Marseille, France.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND SHALL BE BOUND BY ITS TERMS AND CONDITIONS.
YOU FURTHER ACKNOWLEDGE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
Copyright© 2001-2008 Dmailer. All rights reserved.
This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/).
Established in December 2001 and located in Marseille, France, Dmailer S.A. company is one of the leading software editor specialized in portable backup and synchronization solutions for a range of mobile devices, including USB flash drives, memory cards, external hard disk drives, mp3 players, embedded phone memory, SIM cards and flash based memory cards for mobile phones (miniSD, microSD, microSDHC, MMCmobile).
Serving both consumers online and original equipment manufacturers (OEMs), Dmailer designs, develops, manufactures and markets unique portable backup and synchronization software solutions. Dmailer also licenses its synchronization engine technology to a number of industry-leading companies.
With flash memory's capability for storing large amounts of data in a compact, removable format, Dmailer's software solutions have helped drive the exponential growth in sales of digital cameras, multi-function mobile phones, USB flash drives, digital audio/video players, and other digital consumer devices.
The company's flagship product, Dmailer Sync, is currently available in eleven languages and is sold in over 120 countries worldwide.