AOcell vSync for Mac OS X 1.1.2


EULA - End User License Agreement



End User License Agreement for AOcell Trialware

Thank you for trying out the Software! By using this software, including
any third party software made available in conjunction with this software,
("The Software"), you agree to accept a license under and be bound by the
following terms and conditions of this agreement (the "Agreement") with
AOcell Software (collectively referred to herein as "AOcell Software"):

Scope of License

This is not free software. Subject to the terms below, you are hereby
licensed by AOcell Software to use for evaluation purposes only one (1)
copy of the Software, on one (1) computer or workstation, without charge,
for a period of 30 days after you first install the Software on any
computer or workstation, during which period both all the features of the
Software will be accessible. If you want to use this software after the
30-day evaluation period, you must acquire from AOcell Software for a fee
a single-user license or multi-user license for the Software. Refer to
http://www.aocell.com for information about license pricing, multi-user
licensing, and ordering options. Use of the Software after the expiration
of the 30-day evaluation period without acquiring such a license from
AOcell Software is outside the scope of this License and a violation of
Hong Kong SAR and international copyright laws.

Subject to all of the terms of this License, you may, without making any
payment to AOcell Software:

1. give exact copies of the Software personally and without charge of any
kind to anyone for evaluation purposes only, subject to the terms of this
License, using tangible media of any kind or via e-mail (but not in a bulk
mailing or through unsolicited bulk e-mails);
2. distribute exact copies of the Software for evaluation purposes only,
subject to the terms of this License, if done exclusively by allowing
downloads through the public Internet and without charge of any kind; and
3. make as many exact copies of the Software as you wish, for purposes of
distribution as described in (a) and (b) above.

For purposes of the foregoing, an "exact copy" of the Software means a
file that is identical, at the time you create the copy, to the
distribution file of the Software available at http://www.aocell.com.

You are specifically prohibited from charging, or requesting donations,
for any distributed copies, however made, or from distributing such copies
with other products of any kind, commercial or otherwise, without prior
written permission from AOcell Software. Also, you are specifically
prohibited from charging, or requesting donations, for providing access to
any hyperlink or other method that allows a user to create or transfer
electronically copies of the Software.

AOcell Software reserves the right to revoke any or all distribution
rights at any time, for any or no reason.

For each copy of the Software authorized under this license, you may make
one backup copy, provided your backup copy is not installed or used
concurrently on different computers. You must reproduce on any such copy
all copyright notices and any other proprietary legends on the original
copy of the Software. AOcell Software is not obligated to provide
maintenance, support, or updates to you for the Software.

If you have comments on the Software or ideas on how to improve it, please
contact us at mailto:support@aocell.com. Please note that by doing so, you
also grant to AOcell Software and third parties permission to use and
incorporate your ideas or comments into the Software (or third party
software) without further compensation.

Proper Use

You agree that you will use the Software in compliance with all applicable
local, state, national, and international laws, rules and regulations,
including any laws regarding the transmission of technical data exported
from your country of residence. You shall not agree to, and shall not
authorize or encourage any third party to: (i) use the Software to upload,
transmit or otherwise distribute any content that is unlawful, defamatory,
harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise
objectionable; (ii) upload, transmit or otherwise distribute content that
infringes upon another partys intellectual property rights or other
proprietary, contractual or fiduciary rights or obligations; (iii) use the
Software for any fraudulent or inappropriate purpose; or (iv) act in any
way that violates this Agreement, as may be revised from time to time.
Violation of any of the foregoing may result in immediate termination of
this license, and may subject you to state, national and/or international
penalties and other legal consequences.

Automatic Updates

The Software may communicate with AOcell Softwares servers to check for
available updates to the Software, such as bug fixes, patches, enhanced
functions, missing plug-ins and new versions (collectively, "Updates").
During this process, the Software creates a randomly generated number for
updating the software, which is not associated with any personally
identifying information. The Software sends AOcell Software a request for
the latest Software version information. If a newer version is available,
the Software will give you the option of downloading it. The Software asks
for permission before downloading an updated version. If you wish to
disable the automated check for updates, please see the FAQ [
http://www.aocell.com/link/faq.php ] for details. By installing the
Software and not disabling the automated check for Updates, you hereby
agree to automatically request and receive Updates from AOcell Softwares
servers.

Intellectual Property

You acknowledge that AOcell Software, its subsidiaries and affiliates,
and/or third parties own all right, title and interest in and to the
Software, portions thereof, and any software or other materials (not
including user photos or message text) provided through or in conjunction
with the Software, including without limitation all intellectual property
rights. You agree not to modify, adapt, translate, prepare derivative
works from, decompile, reverse engineer, disassemble or otherwise attempt
to derive source code from the Software. You also agree to not remove,
obscure, or alter AOcell Softwares or any third partys copyright notice,
trademarks, or other proprietary rights notices affixed to or contained
within or accessed in conjunction with or through the Software.

Disclaimer of Warranties

To the fullest extent permitted by applicable law, AOcell Software and its
licensors and suppliers disclaim any responsibility for any harm resulting
from your use of the Software and/or any third party software accessed in
conjunction with or through the Software.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ANY
THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE
SOFTWARE ARE PROVIDED "AS IS," WITH NO WARRANTIES. TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, AOCELL SOFTWARE AND ITS LICENSORS AND
SUPPLIERS EXPRESSLY DISCLAIM (A) ALL EXPRESS, IMPLIED, AND STATUTORY
WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF
PROPRIETARY RIGHTS; AND (B) ANY WARRANTIES REGARDING THE SECURITY,
RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SOFTWARE AND SUCH THIRD
PARTY SOFTWARE.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE SOFTWARE AND ALL
THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE
SOFTWARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OR USE OF THE SOFTWARE AND SUCH THIRD PARTY
SOFTWARE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY
ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO
JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL AOCELL SOFTWARE, ITS SUBSIDIARIES AND
AFFILIATES OR ITS LICENSORS AND SUPPLIERS BE LIABLE TO ANY USER ON ACCOUNT
OF THAT USERS USE OR MISUSE OF THE SOFTWARE. SUCH LIMITATION OF LIABILITY
SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM
IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM
USE OR MISUSE OF AND RELIANCE ON THE SOFTWARE, FROM INABILITY TO USE THE
SOFTWARE OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE
SOFTWARE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH
LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF
ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES
OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Further Limitation of Liability

It is your responsibility to ensure that you obtain all consents,
authorizations and clearances in any data or photographs owned or
controlled by third parties that you transmit, access or communicate to
others using the Software. AOcell Software will not be liable in any way
(a) for any errors or omissions in any photographs or data, or for any
loss or damage of any kind incurred as a result of any data transmitted
via the Software; (b) if you are exposed to photographs or data that are
offensive, indecent or objectionable; or (c) for any violations of
copyright or other proprietary rights as a result of your use of the
Software.

Indemnification

It is your responsibility to ascertain whether any copyright or other
licenses for use of content are necessary and to obtain any such licenses.
You agree to copy, distribute, display, and modify only those materials
which you have the necessary permission to use. You agree to hold harmless
and indemnify AOcell Software and its subsidiaries, affiliates, and their
respective officers, agents, and employees from and against any third
party claim arising from or in any way related to your use of the
Software, including any liability or expense arising from all claims,
losses, damages (actual and consequential), suits, judgments, litigation
costs and attorneys fees, of every kind and nature. In such a case,
AOcell Software will provide you with written notice of such claim, suit
or action.

Data Practices and Privacy Policy

If you send a request to AOcell Softwares servers, we record standard log
information, including Internet Protocol addresses and information related
to your request. We will ask before collecting personally identifying
information from you and give you an opportunity to opt out. For a full
description of how AOcell Software handles personal information, please
see the AOcell Software Privacy Policy [
http://www.aocell.com/link/privacypolicy.php ] and the related FAQs [
http://www.aocell.com/link/faq.php ].

Accessing Other Sites and Servers from AOcell Software

If you access web sites or servers from the AOcell Software website or the
Software, your computer will send standard log information, including your
IP address. The site you visit may log this information. If you use the
AOcell Software website or the Software to link to a merchant site that
requires a log-in, you can opt to have the Software and/or AOcell Software
save an encrypted copy of your log-in information on your computer.

Miscellaneous Provisions

This Agreement will be governed by the laws of the Hong Kong SAR and you
agree to submit to the non-exclusive jurisdiction of the Courts of the
Hong Kong SAR in relation to any dispute arising out of your use. This
Agreement will not be governed by the United Nations Convention on
Contracts for the International Sale of Goods, the application of which is
expressly excluded. If for any reason a court of competent jurisdiction
finds any provision or portion of this Agreement to be unenforceable, the
remainder of this Agreement will continue in full force and effect.

This Agreement constitutes the entire agreement between the parties with
respect to the subject matter hereof and supersedes and replaces all prior
or contemporaneous understandings or agreements, written or oral,
regarding such subject matter. Any waiver of any provision of this
Agreement will be effective only if in writing and signed by AOcell
Software.

Termination

IF YOU WISH TO TERMINATE THIS AGREEMENT, YOU MAY SIMPLY CEASE USING THE
SOFTWARE AND FOLLOW THE UNINSTALL INSTRUCTIONS. AOCELL SOFTWARE RESERVES
THE RIGHT TO TERMINATE THIS AGREEMENT AND YOUR AUTHORIZATION TO USE THE
SOFTWARE AT ANY TIME WITHOUT CAUSE.



BarCode2D-PNG



Click stars to rate this APP!

Users Rating:  
  4.0/5     1
Downloads: 358
Updated At: 2007-11-23
Publisher: N/A
Operating System: mac
License Type: Free Trial