SyncNotes Web EULA - printer friendly version

End-User License Agreement

1. End-User License Agreement. This End-User License Agreement ("Agreement") is a legal agreement between you, the individual user ("User"), and Cynapse India Private Limited (“Cynapse”) for the SyncNotes service program to which this Agreement is attached to or is a part of ("SyncNotes"). SyncNotes Software includes any and all materials, printed or electronic, furnished together with or in conjunction with the SyncNotes client program and shall include all modifications and versions thereof. Additional terms and conditions governing your rights and obligations regarding the SyncNotes service and your use thereof are specified in SyncNotes Web Site Terms of Service ("SyncNotes Terms of Service") found in www.syncnotes.com ("SyncNotes web site").

2. Acceptance of Terms and Conditions. Your installation or use of the SyncNotes shall be deemed your acceptance to be bound by all the terms and conditions of this Agreement and the SyncNotes Terms of Service. If you do not fully agree with all the terms and conditions of this Agreement and the SyncNotes Terms of Service, please refrain from installing or using the SyncNotes Software or accessing and using the services included in the SyncNotes Site ("SyncNotes Services").

3. Grant and Termination of License. Cynapse hereby grants User a license, on an "AS-IS, WHERE-IS" basis, for purely private personal use and with no right to sublicense, to install and use the SyncNotes Software in accordance with the terms and conditions of this Agreement and the SyncNotes Terms of Service. User acknowledges and agrees that the license is being granted without consideration other than User's faithful compliance with such terms and conditions. Any use of the SyncNotes Software in violation of or not in strict compliance with such terms and conditions shall constitute the automatic termination of the license and the Agreement and shall equally constitute a bar to User's access and use of the SyncNotes web site and the SyncNotes Services. In addition, Cynapse may exercise any and all rights and remedies it may have. Upon such termination, User shall destroy his copies of the SyncNotes Software.

4. Intellectual Property Rights. The SyncNotes Software, any and all of its aspects, parts or components, or any combination or permutation of such aspects, parts and components, are the exclusive intellectual property of Cynapse and are protected under intellectual property laws and treaties. Generally, User may not exercise any ownership rights over the SyncNotes Software, any and all of its aspects, parts or components, or any combination or permutation of such aspects, parts and components and may not exercise any rights over the same other than as specifically granted by this Agreement. Specifically, User may not use in an unintended manner, copy, distribute, reverse engineer, decompile or disassemble the SyncNotes Software, any and all of its aspects, parts or components, or any combination or permutation of such aspects, parts and components.

5. Availability, Modifications and Reduction of Software Functionalities. User acknowledges and agrees that Cynapse may, at its sole discretion, at any time, without prior notice and without liability to any User or third party, limit, deny, create varying priorities or access to different Users or different levels of service, update, modify or terminate, temporarily or permanently some or all of the functionality of the SyncNotes, the SyncNotes Web Site and the SyncNotes Services. User acknowledges and agrees to assume all risks relating to or arising out of such acts by Cynapse to the exclusion of Cynapse.

6. Use of SyncNotes Software. User acknowledges and agrees that the license granted herein for the use of the SyncNotes Software is limited to purely private personal use only. Thus, any instance of use that includes business, commercial or institutional activities or pursuits, regardless of whether such use comprises the whole or only a part of User's usage of the SyncNotes, is absolutely prohibited, unless User procures a specific license thereof from Cynapse. In addition to the termination of the User's license and this Agreement and Cynapse's other rights and remedies, User's business, commercial or institutional use shall make User liable to Cynapse to subsequent assessment of service charges for such use. Additionally, User shall not use the SyncNotes Software, the Cynapse Web Site and the Cynapse Services for purposes contrary to law, customs and morals.

7. Disclosure of Risks by Cynapse and User's Assumption of Such Risks. The SyncNotes Software, the SyncNotes Web Site and the SyncNotes Services are intended to facilitate organization of information in the form of text snippets in the form of desktop notes and the ability to synchronize the notes to the SyncNotes server and make the notes available to the User via the SyncNotes client, a web browser or via a WAP enabled Mobile Phone. As with any internet-based facility, they are not intended, and Cynapse hereby disclaims any intimation, suggestion or representation to the contrary, to be a facility free of various security, privacy and reliability issues. Thus, in addition to well-known risks attendant in any internet or internet-related use, any use of the SyncNotes Software, the SyncNotes Web Site and the SyncNotes Services for the synchronization, transmission and reception of notes which contain confidential or any other content-sensitive matters or messages which if delayed or unreceived may result in damage is inherently risky. The User therefore is advised not to use and is warned from using the SyncNotes Software, the SyncNotes Site and the SyncNotes Services for such messages. If User uses the SyncNotes Software, the SyncNotes Web Site and the SyncNotes Services for such messages, User expressly and exclusively assumes the risks thereof to the exclusion of Cynapse.

8. Charge for Use. The personal computer to synchronization server aspect and the WAP to SyncNotes server aspect of the SyncNotes Services shall be subject to the customary tariffs imposed and charged by the ISP or the mobile carrier involved on each of the respective aspect.

9. Disclaimer of Warranties. CYNAPSE MAKES NO CLAIMS AND HEREBY SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, NON INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SYNCNOTES SOFTWARE, THE SYNCNOTES WEB SITE AND THE SYNCNOTES SERVICES. USER ASSUMES THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SYNCNOTES SOFTWARE, THE SYNCNOTES WEB SITE AND THE SYNCNOTES SERVICES TO THE EXCLUSION OF CYNAPSE.

10. Limitation of Liabilities. CYNAPSE WILL NOT BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY AND ALL DAMAGES, HOWEVER CLASSIFIED OR CATEGORIZED, ARISING OUT OF OR RELATED TO THE USE OR NON-USE, MISUSE, AVAILABILITY OR RELIANCE ON THE SYNCNOTES SOFTWARE, THE SYNCNOTES WEB SITE AND THE SYNCNOTES SERVICES NOTWITHSTANDING THE FACT THAT CYNAPSE SHALL HAVE BEEN INFORMED OR NOTIFIED OF THE POSSIBILITY OF THE INSTANCE OF SUCH DAMAGES.

11. Amendment of Terms and Conditions. Cynapse may, at its sole and exclusive discretion, amend, modify, vary or altogether change the terms and conditions of this Agreement and the SyncNotes Terms of Service. By maintaining usage of the SyncNotes Software, the SyncNotes Web Site and the SyncNotes Services for a period of thirty (30) days after such change is posted on the SyncNotes Web Site, User is deemed to have agreed to amended, modified, varied or new terms and conditions.

12. Choice of Law and Forum. This Agreement, the Cynapse Terms of Service and the use of the SyncNotes Software, the SyncNotes Web Site and the SyncNotes Services shall be governed by the laws of India. User expressly agrees that any and all dispute relating to or arising out of this Agreement, the Cynapse Terms of Service and the use of the SyncNotes Software, the SyncNotes Web Site and the SyncNotes Services shall be subject to the exclusive jurisdiction of the appropriate courts of Mumbai, India. User hereby expressly consents to the exercise of personal jurisdiction by the courts of Mumbai, India.