End User License Agreement - Sync

Date of last revision June 1, 2016

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By accepting this agreement or by installing Resilio Sync or other software offered by or on behalf of Resilio, Inc. (the “Software”) or by clicking “Install”, you agree to the following terms, notwithstanding anything to the contrary in this agreement.

The Software is a peer-to-peer file synchronization application distributed by Resilio, Inc.

License

Single User license. Subject to your compliance with these terms and conditions, Resilio, Inc. grants you a personal, freely revocable, limited, royalty-free, non-exclusive, non-transferable, non-sublicensable, non-assignable license to use the Software, solely for your personal, non-commercial purposes, and you may not use the Software for internal use as an end user if you are a business except if you have a valid license for Resilio Sync Pro. Resilio, Inc. reserves all rights in the Software not expressly granted to you here.

Restrictions

The source code, design, and structure of the Software are trade secrets. You will not disassemble, decompile, reverse engineer or otherwise attempt to discover the source code of the Software, in whole or in part, except to the extent expressly permitted by law, or distribute it. You will not use the Software for illegal purposes. You will comply with all export laws. The Software is licensed, not sold.

The Resilio Technologies

Downloading and Updates

The Software downloads only those files that are both authorized by you for download (specifically or by category or subscription), except that the Software may automatically update itself.

Automatic Uploading

The Software accelerates the synchronization of data by enabling your computer to grab pieces of files from other users of the Software simultaneously. Your use of the Software to synchronize files will, in turn, enable other users to synchronize pieces of those files from you, thereby maximizing synchronization speeds for all users. In the Software, only files that you are explicitly synchronizing or sharing or have synchronized or shared through the Software will be made available to others. You consent to other users' use of your network connection to download portions of such files from you. At any time, you may uninstall the Software through the Add/Remove Programs control panel utility on Windows Operating Systems or drag the Application to the Trash on MacOS. In addition, you may control the Software in multiple ways through its user interface without affecting any files you have already synchronized.

Disclaimer of Warranty

Resilio, Inc. disclaims any responsibility for harm resulting from the Software or any software or content synchronized using the Software, whether or not Resilio, Inc. approved such software or content. Resilio, Inc. expressly disclaims all warranties and conditions, express or implied, including any implied warranties and conditions of merchantability, fitness for a particular purpose, and noninfringement, and any warranties and conditions arising out of course of dealing or usage of trade regarding the Software or any software or content you synchronized using the Software. No advice or information, whether oral or written, obtained from Resilio, Inc. or elsewhere will create any warranty or condition not expressly stated in this agreement. Some jurisdictions do not allow certain limitations on implied warranties, so the above limitation may not apply to you to its full extent.

Limitation of Liability

Resilio, Inc.'s total liability to you from all causes of action and under all theories of liability will be limited to $50.00. In no event and under no theory of liability will Resilio, Inc. be liable to you for any special, incidental, exemplary, or consequential damages arising out of or in connection with this agreement or the software whether or not Resilio, Inc. has been advised of the possibility of such damages. The foregoing limitations will survive even if any limited remedy specified is found to have failed of its essential purpose. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you to its full extent.")?>

U.S. Government Users

The Software is “commercial computer software” any use of which by or on behalf of the U.S. Government is subject to the restrictions herein. Manufactured by Resilio, Inc.

Export Control Laws

You acknowledge and agree that the Software may be subject to international rules that govern the export of software. You shall comply with all applicable international and national laws that apply to the Software as well as end-user, end-use, destination restrictions issued by national governments or similar bodies, and restrictions on embargoed nations. In the US the Internet Communications Software is controlled under ECCN 5D992 of the Export Administration Regulations (“EAR”) under Encryption Registration Number (“ERN”) R111961 and thus may not be exported or re exported from the US to or downloaded by any person in any countries controlled for anti terrorism reasons under the EAR, which include Iran, North Korea, Cuba, Syria and Sudan. Moreover, the Internet Communications Software may not be exported or re exported from the US to or downloaded by any person or entity subject to US sanctions regardless of location. See http://www.bis.doc.gov/index.php/policy-guidance/lists-of-parties-of-concern and EAR Part 736. Resilio is making the Software available to you for download only on the condition that you certify that you are not such a person or entity and that the download is not otherwise in violation of US export control and sanctions regulations.

U.S. Government Restricted Rights:

For U.S. Government procurements, the Software is deemed to be commercial computer software as defined in FAR 12.212 and subject to restricted rights as defined in FAR Section 52.227-19 “Commercial Computer Software - Restricted Rights” and DFARS 227.7202, “Rights in Commercial Computer Software or Commercial Computer Software Documentation”, as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of the Software by the U.S. Government shall be solely in accordance with the terms of this License Agreement.

General

These Resilio, Inc. terms will be governed by and construed in accordance with the laws of California, USA, without regard to conflicts of law rules. The United Nations Convention on Contracts for the International Sale of Goods will not apply. The failure by either party to enforce any provision will not constitute a waiver. Any waiver, modification, or amendment of the Resilio, Inc. terms will be effective only if signed. If any provision is held to be unenforceable, it will be enforced to the maximum extent possible and will not diminish other provisions. Resilio, Inc. may make changes to these terms from time to time. When these changes are made, Resilio, Inc. will make a new copy of the terms available at www.getsync.com/legal/eula. You understand and agree that if you use the Software after the date on which the terms have changed, Resilio, Inc. will treat your use as acceptance of the updated terms. You agree that Resilio, Inc. may provide you with notices, including those regarding changes to the terms, by postings on www.getsync.com/legal/eula. This, Resilio’s Terms of Use at www.getsync.com/legal/terms-of-use and the Privacy Policy at www.getsync.com/legal/privacy are Resilio, Inc.'s complete and exclusive understanding with you regarding your use of the Software as an end user, except that sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Software, and those additional terms become part of your agreement with us if you use those Software.

Contact

If you have any questions, contact us at legal@getsync.com.