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Gladinet Terms Of Service

PLEASE READ CAREFULLY BEFORE USING THIS SOFTWARE PRODUCT:

1. DESCRIPTION OF SOFTWARE.

GLADINET Proprietary Software (“GLADINET Software”) provides an open platform to deliver and integrate third party web services into your desktop operating system. You can mount online storage services into your desktop using download-able plug-ins which are separate from this product. Your use of third party web services is subject to their terms and conditions.

2. THIRD PARTY SOFTWARE.

2. THIRD PARTY SOFTWARE. GLADINET Software may include software under license from third parties (“Third Party Software” and “Third Party License”). Any Third Party Software is licensed to you subject to the terms and conditions of the corresponding Third Party License. Generally, the Third Party License is located in a file such as license.txt or a readme file. Please contact GLADINET support if you cannot find a Third Party License.

3. LICENSE RIGHTS.

You will have the following rights provided you comply with all terms and conditions of this EULA: A. Use. GLADINET grants you a license to Use one copy of the GLADINET Software. "Use" means installing, copying, storing, loading, executing, displaying, or otherwise using GLADINET Software. You may not modify GLADINET Software or disable any licensing or control feature of GLADINET Software. You do not have the right to distribute GLADINET Software. B. Copying. Your right to copy means you may make archival or back-up copies of the GLADINET Software, provided each copy contains all the original GLADINET Software's proprietary notices and is used only for back-up purposes.

4. UPGRADES.

To Use GLADINET Software provided by GLADINET as an upgrade, update, or supplement (collectively “Upgrade”), you must first be licensed for the original GLADINET Software identified by GLADINET as eligible for the Upgrade. To the extent the Upgrade supersedes the original GLADINET Software, you may no longer use such GLADINET Software. This EULA applies to each Upgrade unless GLADINET provides other terms with the Upgrade. In case of a conflict between this EULA and such other terms, the other terms will prevail.

5. TRANSFER.

A. Third Party Transfer. The initial end user of GLADINET Software may make a one-time transfer of GLADINET Software to another end user. Any transfer will include all component parts, media, User Documentation, this EULA, and if applicable, the Certificate of Authenticity. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the transferred Software will agree to this EULA. Upon transfer of GLADINET Software, your license is automatically terminated. B. Restrictions. You may not rent, lease or lend GLADINET Software or Use GLADINET Software for commercial timesharing or bureau use. You may not sublicense, assign or otherwise transfer the GLADINET Software except as expressly provided in this EULA.

6. PROPRIETARY RIGHTS.

All intellectual property rights in the Software and User Documentation are owned by GLADINET or its suppliers and are protected by law, including applicable copyright, trade secret, patent, and trademark laws. You will not remove any product identification, copyright notice, or proprietary restriction from the Software.

7. LIMITATION ON REVERSE ENGINEERING.

You may not reverse engineer, decompile, or disassemble the GLADINET Software, except and only to the extent that the right to do so is allowed under applicable law.

8. CONSENT TO USE OF DATA.

GLADINET and its affiliates may collect and use technical information you provide in relation to (i) your Use of the Software or the GLADINET Product, or (ii) the provision of support services related to the Software or the GLADINET Product. All such information will be subject to GLADINET's privacy policy. GLADINET will not use such information in a form that personally identifies you except to the extent necessary to enhance your Use or provide support services.

9. DISCLAIMER OF WARRANTY.

THE PRODUCT IS PROVIDED "AS IS" WITH ALL FAULTS. TO THE EXTENT PERMITTED BY LAW, GLADINET AND GLADINET'S DISTRIBUTORS, LICENSORS HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE PRODUCT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE AND NON-INFRINGING. YOU BEAR ENTIRE RISK AS TO SELECTING THE PRODUCT FOR YOUR PURPOSES AND AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT. THIS LIMITATION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

10. LIMITATION OF LIABILITY.

Notwithstanding any damages that you might incur, the entire liability of GLADINET and its suppliers under this EULA and your exclusive remedy under this EULA will be limited to the greater of the amount actually paid by you for the Product or U.S. $5.00. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GLADINET OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, OR LOSS OF PRIVACY) RELATED IN ANY WAY TO THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF GLADINET OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE ABOVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some states or other jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

11. COMPLIANCE WITH EXPORT LAWS.

You will comply with all laws, rules, and regulations (i) applicable to the export or import of the Software, or (ii) restricting the Use of the Software, including any restrictions on nuclear, chemical, or biological weapons proliferation.

12. RESERVATION OF RIGHTS.

GLADINET and its suppliers reserve all rights not expressly granted to you in this EULA. © 2009 Gladinet, Inc Rev. 04/09

You understand and agree that You are solely responsible for periodically reviewing the EULA. You must report any violations of these Terms. To do so, send an email to support@gladinet.com for assistance.

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