Data Relocate’s license agreement, before using the Data Relocate’s software and related services (the “services”), you should carefully read the following license agreement (“agreement”) that applies to the services. It’s a kind request to all the clients that please read this agreement carefully. It’s a kind of contract that governs your use of Data Relocate’s services.
By clicking on the check box beside the “I Agree” in the installer, or otherwise accessing or using our service(s), you signify that you have read the agreement as a person using the services, either on behalf of yourself or any third party entity (“you” or “customer”) and Data Relocate, understood, or agree to be bound by this License Agreement (“Contract”).
You also agree to be bound by the Data Relocate’s legal page located at Legal, which is incorporated by reference and constitutes part of this agreement and everything that you should have to know about the legalities of terms of services (TOS) is mentioned there in explanatory manner. If you do not accept all of the terms of this agreement, you shall have no right to download, install and/or use the services, software or application of the Data Relocate.
In the case of a conflict or dispute between this agreement and the Data Relocate terms of service (TOS), the terms of this agreement will control to the extent of such conflict, matter or dispute. You represent and warrant that you have every kind of legal capacity and authority to enter into a binding agreement to adhere to the terms and conditions, and that the services will be used only in accordance with these terms and conditions and with all applicable laws. If an individual is registering or using the services on behalf of an entity, organization, institution, firm, enterprise or company that individual warrants, represents, and covenants to Data Relocate that such individual is duly authorized to agree to these terms and conditions on behalf of the organization and to bind the organization to all the applicable terms, conditions and rules.
This agreement relates to Data Relocate, a Data Relocate, Co. (“Data Relocate”) service (the “Service”, which is deemed part of the service as defined and referenced in the Data Relocate terms of service (TOS)) composed of software (the “Software”) and related Data Relocate services and features, which may include explanatory materials and documentation that are proprietary to Data Relocate and/or its Data Relocate(s).
File name, files size, creation, and modification date and similar file, as well as log data associated with customer usage are stored as part of the services for the duration of the contract between Data Relocate and customer. If customer's account is set to auto renew or is in a trial period, Data Relocate may automatically charge at the end of the trial or for the renewal, unless customer notifies Data Relocate that customer wants to cancel or disable auto renewal at thirty (30) days prior to the end of the trial or the then-current services term.
Subject to the provisions of this agreement, Data Relocate grants you a non-exclusive, non-transferable, non-sub licensable license to install and run the software or application in object code format on single computer (including virtual machines), mobile device, or similar equipment, owned or controlled by you (for personal and professional use both inside and outside of an enterprise) and use the software for the purpose and in the manner it was intended by Data Relocate. By using the software you represent and warrant that you have the legal capacity to enter into this agreement and that you are equal to or older than the minimum age required by your jurisdiction to enter into contracts without parental consent.
To the maximum extent permitted by applicable law, in no event will Data Relocate or its licensors, suppliers or resellers be liable for any indirect, special, incidental or consequential damages arising out of or in connection with this agreement or the service, including, without limitation, damages for loss of revenues or goodwill, work stoppage, loss of data, inaccuracies, computer failure or malfunction, even if you are advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is based.
In any case, Data Relocate’s entire liability under this agreement or in connection with the service shall not exceed in the aggregate one thousand U.S Dollars ($1,000). The foregoing limitations of liability form an essential part of this agreement and Data Relocate would not have entered into this agreement but for the same. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages in certain circumstances, so this exclusion and limitation may not apply to you in whole or in part.
The parties hereby consent to the exclusive jurisdiction of the local courts, in connection with any dispute arising out of or in connection with this agreement or its subject matter, and the parties irrevocably waive any right that they may have to assert that any such court lacks jurisdiction or that such forum is not convenient.
If any provision in this agreement should be held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this agreement if no such modification is possible, and other provisions of this agreement shall remain in full force and effect then same will govern the every kind of situation or condition.
You may not assign or transfer, by operation of law or otherwise, this agreement or any rights or obligations here under. Any such purported transfer or assignment will be void. Subject to the foregoing sentence, this agreement shall be binding upon and shall inure to the benefit of the parties, their successors and assigns. A waiver by either party of any term or condition of this agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof.
Neither you nor the agents of your enterprise, firm and company shall have any rights or authorities to bind Data Relocate in any way. This agreement constitutes the entire agreement between the parties concerning the subject matter. This agreement may be amended or modified only by a writing signed by both parties. You agree to comply with all applicable laws and regulations, domestic and foreign, with respect to the service, including without limitation those related to export and import controls.
And at last we also want to remember that you are bound to read the LEGAL page of Data Relocate in order to get with all the terms of services, set measures and rules more thoroughly before taking the service.
By checking the checkbox just beside the statement “I Agree” in the installer, you certify that you have read and understood this agreement and agree to be bound by its provisions in all manners.