SpareSync End-user License Agreement

SOFTWARE LICENSE AGREEMENT

This Agreement is developed by the Fogsoft company and is intended for general public (Users).

By confirming the acceptation of this agreement or otherwise downloading, installing and/or using the software (Software) or services (Services) User acknowledges having read and accepted all of the terms and conditions set forth in this Agreement and that this action establishes a legal, enforceable, and binding agreement between the User (Licensee) and Fogsoft company (Licensor). If User does not accept all the terms of this agreement, it shall have no right to use the Software and must immediately cease using the Software and delete or remove all associated Software and associated files.

SCOPE OF LICENSE
1. SpareSync is a software product designed to ensure the smooth operation of the managed system using a secondary server, through continuous unidirectional synchronization of the managed system data, including databases and file synchronization, as well as producing automatic transition into the maintenance mode on the secondary server when the primary one is unavailable.
2. Subject to the terms and conditions of this Agreement, upon payment of all license fees owed for the Software, Licensor grants and Licensee accepts a nonexclusive, nontransferable, non-assignable (unless such prohibition is otherwise prohibited by local law), limited license (“Software License”) to use the Software solely in accordance with the terms and conditions of this Agreement.
3. Software License is designated only for one software instance and one database instance at a time.
4. This License grants the following rights:
  1. right to perform, limited by the rights to install Software, load it into memory and execute it;
  2. right to run Software (doing everything needed for Software to work as intended).
5. Licensee agrees not to conduct, cause, consent or permit others to:
  1. sublicense, lease, rent, loan, transfer, or distribute the Software, or any portion, extract, selection, arrangement, adaptation, compilation, or derivative thereof, to any third party;
  2. make error corrections, modify, adapt, translate, or prepare derivative works from the Software;
  3. decompile, reverse engineer, disassemble, or otherwise attempt to derive source code from the Software or reduce the Software to human-readable form, or attempt to reconstruct or discover any source code or underlying ideas, algorithms, file formats, or programming or interoperability interfaces of Software or of any files contained or generated using Software by any means whatsoever, except to the extent otherwise expressly permitted under applicable law, notwithstanding this restriction, without the prior express written consent of the Licensor;
  4. decrypt data or extract portions of the Software's files for use in other applications;
  5. remove, obscure or alter Licensor’s or any third party's product names, trademarks or patent, copyright, or other proprietary rights notices, or ownership attribution statements affixed to or contained within or accessed in conjunction with or through the Software.
6. The License has no territorial restrictions.
LICENSE CONDITIONS AND TERMS
1. Purchase variants are available at http://sparesync.com/.
2. When choosing a free or trial version, User can download the Software after providing the required information. In that case, User receives a package consisting of the executable file and a license key with the restricted duration. License key validity start time is the moment of download. User installs the Software on one’s own using the installation guide available at http://sparesync.com/instructions.htm. After the license key expires, the Software ceases to synchronize data with the secondary server, but User still has access to the Software interface. Software work can be continued only by purchasing a paid version.
3. When choosing a paid version, User must provide the required information. After that, a billing request is sent to the Licensor. After paying the bill, Licensee receives a package consisting of the executable file and a license key corresponding to the chosen Software version. If the license ends and the extension is not purchased, the Software ceases to synchronize data with the secondary server.
4. In the need of additional options being included in the Software, the Agreement is signed on an individual basis. In that case, User must contact the Licensor.
5. During the License duration Licensor may, but has no obligation to, provide updates to the Software.
6. Licensor reserves the right to cease providing, updating, or maintaining the in case of User making any unsanctioned changes to the Software.
PAYMENT TERMS
1. The license price depends on the terms of the software usage and corresponds to the price published at http://sparesync.com/.
2. Licensee makes the purchase in the form of 100% prepayment. This payment is non-refundable, including the case of early Agreement termination.
3. Licensor has the right to automatically submit an invoice for extending the license while service terms are active.
WARRANTY
1. By registering for and/or by using the Software or Services, User represents and warrants having the legal capacity and authority to enter into a binding agreement and to adhere to this Agreement, and using the Software and the Services only in accordance with this Agreement and with all applicable laws. If an individual is registering or using the Software or Services on behalf of an entity or organization, that individual warrants, represents, and covenants to Licensor that such individual is duly authorized to agree to this EULA on behalf of the organization and to bind the organization to them. The Software and Services are intended, and offered, only for lawful use by individuals or organizations with the legal capacity and authority under applicable law to enter into a contract for such products and services.
2. During the period of the license, Licensor will do everything possible to correct any emerging errors and malfunctions. At the same time, Licensor does not guarantee the absence of errors and malfunctions, including the Software ones.
3. Except for the guarantees directly specified in this Agreement, Licensor does not give any direct or implied guarantees, including commercial value and usability for User’s aims. Software and Services are distributed “as is”. User downloads and uses Software at one’s own discretion and is solely responsible for any damage to his system and any data loss due to the Software usage. Licensor does not warrant that the Software or Services will meet User’s requirements, that the operation of the Software will be error-free or uninterrupted, or that all Software errors will be corrected.
4. In any circumstances, Licensor’s responsibility for any damage and losses can’t exceed the sum paid by the Licensee for the Software in the course of the twelve months before the event that became the ground of complaint.
CONFIDENTIALITY
1. The Software and Services contain trade secrets of Licensor and are proprietary to Licensor. Licensee shall maintain the Software and the Services in confidence and prevent disclosure of the Software and Services using at least the same degree of care it uses for its own most critical proprietary information, but in no event less than a reasonable degree of care. Licensee shall not disclose or provide access to the Software or Services or any part thereof to anyone for any purpose, other than to employees or other parties authorized under this Agreement for the purpose of exercising the rights expressly granted under this Agreement.
MISCELLANEOUS PROVISIONS
1. This Agreement shall be governed by the applicable laws of the Russian Federation. All provisions not governed or partly governed by the Offer shall be governed by the substantive law of the Russian Federation. All disputes and disagreements which may arise out of the present Agreement are to be settled by the negotiations between the Parties. The disputes that have not been settled by the negotiations should be referred to the Arbitration Court of the Yaroslavl Region in accordance with the procedure established by the applicable laws.
2. Licensor reserves the right, at its discretion, to change, modify, add or remove portions of this Agreement by publicizing the updated Agreement on Licensor’s website. All changes come into effect at the moment of publication.
CONTACTING FOGSOFT
1. Users with any questions about this Agreement may contact Licensor at: http://fogsoft.com/feedback.aspx