SynaMan

End-user license agreement for SynaMan

PLEASE READ THIS AGREEMENT BEFORE DOWNLOADING THIS SOFTWARE PACKAGE.  IF YOU DOWNLOAD 
THIS SOFTWARE AND KEEP IT FOR MORE THAN THIRTY (30) DAYS, YOU ACCEPT ALL THE TERMS 
AND CONDITIONS OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, 
DO NOT DOWNLOAD OR USE THESE SOFTWARE.

THIS LICENSE AGREEMENT APPLIES TO SYNAMAN AND SYNAMAN ONLY. REFER TO OTHER SOFTWARE 
FOR THEIR RESPECTIVE LICENSE AGREEMENTS.

1. DEFINITION OF TERMS

(a) Freeware: As the name implies, freeware is free of any obligation to the end user. 
You can download the program and use it indefinitely at no charge. You are also free 
to distribute it to anyone you want, provided the distribution is an unmodified 
version of what you downloaded from our Web Site.

(b) Shareware: This is built on the concept of "try it before you buy it." A version 
of the software that is missing features or cannot be used more than a certain number 
of times or days is distributed freely. 

(c) User-account: A user-account is a set of email and password used to identify a 
user in SynaMan. One user-account may represent one or more individuals using SynaMan.

2. GENERAL

The Software downloaded from this site is owned by Synametrics Technologies (formerly 
known as IndusSoft Technologies) and is protected by U.S. copyright laws and other 
laws and by international treaties. 

3. LICENSE GRANTS

Upon your acceptance of this Software License Agreement Synametrics Technologies grants you a 
non-exclusive, non-transferable, limited license to install and use a copy of 
the Software on your compatible computer, up to the Permitted Number of computers. 
The Permitted Number of computers shall be delineated at such time as you elect 
to purchase the Software. 


(a)	SynaMan Personal Edition:
Synametrics Technologies grants you a license to use SynaMan Personal Edition, 
a FREEWARE version of their software for as long as you like. You may freely 
distribute these software to anyone you may like.

Non-commercial use is defined as individuals using the product for personal use, 
such as someone who wants to transfer files from a home computer to a friend's 
machines. 

(a.1)	Single user-account license
SynaMan Personal can only be used by one user called "admin". Creating additional 
User-accounts is prohibit in SynaMan Personal Edition

The free version is not licensed for use within for-profit businesses, government 
institutions (federal, state, local), educational institutions (including universities 
and state or local school systems), and any individuals using SynaMan on behalf of 
such entities or institutions.

(b)	SynaMan Professional Edition
Synametrics Technologies grants you a license to use SynaMan Professional, the SHAREWARE 
version of their software for a period of THIRTY DAYS. After which you must purchase or 
stop using the product and delete all the related material from your machine.

(b.1) 	Single Machine License
When you purchase a license for SynaMan Professional, Synametrics Technologies grants 
you a license to use SynaMan Professional on any one machine. Additional licenses 
must be purchased if you need to run SynaMan on more than one machine.

(b.2)	User-Account
There is no limit on the number of User-accounts that can be created. 

(c) Description of other rights and limitations

(c.1)   Maintenance of Copyright Notices
You must not remove or alter any copyright notices on any and all copies of the SynaMan.

(c.2)	Distribution
You may not distribute registered copies of the SynaMan to third parties. Evaluation versions 
available for download from Synametrics's websites may be freely distributed.

(c.3) 	Prohibition on Reverse Engineering, Decompilation, and Disassembly
You may not reverse engineer, decompile, or disassemble the SynaMan, except in cases where a 
written permission is obtained from Synametrics Technologies. In particular, you cannot modify
files in SynaMan that changes the look and feel of SynaMan's interface.

(c.4) 	Other Restrictions
You may not loan, rent, lease, sublicense, distribute or otherwise transfer all or any 
portion of the Software to third parties. You may not copy the Software except as 
expressly set forth above, and any copies that you are permitted to make pursuant to 
this Software License Agreement must contain the same copyright, patent and other 
intellectual property markings that appear on or in the Software. You may not modify, 
adapt or translate the Software. You may not, directly or indirectly, encumber or 
suffer to exist any lien or security interest on the Software; knowingly take any action 
that would cause the Software to be placed in the public domain; or use the Software 
in any computer environment not specified in this Software License Agreement. You will 
comply with applicable law and Synametrics Technologies instructions regarding the use of the Software. 
You agree to notify your employees and agents who may have access to the Software of the 
restrictions contained in this Software License Agreement and to ensure their compliance 
with these restrictions. You agree that you are solely responsible for the accuracy and 
adequacy of the software for your intended use and you will indemnify and HOLD harmless 
Synametrics Technologies from any 3rd party suit to the extent based upon the accuracy and adequacy 
of the software in your use. Without limitation, The Software is not intended for use 
in the operation of nuclear facilities, aircraft navigation, communication systems or air 
traffic control equipment, where the failure of the Software could lead to death, 
personal injury or severe physical or environmental damage.


4. LIMITED TRANSFER RIGHTS 

Notwithstanding the foregoing, you may transfer all your rights to use the Software to 
another person or legal entity provided that: (a) you also transfer each of this Software 
License Agreement, the Software and all other software or hardware bundled or pre-installed 
with the Software, including all copies, updates and prior versions, and all copies of font 
software converted into other formats, to such person or entity; (b) you retain no copies, 
including backups and copies stored on a computer; (c) the receiving party secures a 
personalized key code from Synametrics Technologies; and (d) the receiving party accepts the terms and 
conditions of this Software License Agreement and any other terms and conditions upon 
which you legally purchased a license to the Software. Notwithstanding the foregoing, 
you may not transfer education, pre-release, or not-for-resale copies of the Software.



5. LIMITED WARRANTY AND LIMITATION OF LIABILITY 

(a)        Limited Warranty and Customer Remedies. Synametrics Technologies warrants to the person or 
entity that first purchases a license for use of the Software pursuant to the terms of 
this Software License Agreement that (i) the Software will perform substantially in 
accordance with any accompanying Documentation for a period of ninety (90) days from 
the date of receipt, and (ii) any support services provided by Synametrics Technologies shall be 
substantially as described in Section 6 of this agreement. Some states and jurisdictions 
do not allow limitations on duration of an implied warranty, so the above limitation 
may not apply to you. To the extent allowed by applicable law, implied warranties on 
the Software, if any, are limited to ninety (90) days. Synametrics Technologies and its suppliers 
entire liability and your exclusive remedy shall be, at Synametrics Technologies option, either (i) 
return of the price paid, if any, or (ii) repair or replacement of the Software that 
does not meet Synametrics Technologies Limited Warranty and which is returned to Synametrics Technologies with 
a copy of your receipt. This Limited Warranty is void if failure of the Software has 
resulted from accident, abuse, misapplication, abnormal use, Trojan horse, virus, or any 
other malicious external code. Any replacement Software will be warranted for the remainder 
of the original warranty period or thirty (30) days, whichever is longer. This limited 
warranty does not apply to Evaluation and/or Pre-release Software. 

(b)        No Other Warranties and Disclaimer. THE FOREGOING LIMITED WARRANTY AND REMEDIES 
STATE THE SOLE AND EXCLUSIVE REMEDIES FOR SYNAMETRICS TECHNOLOGIES OR ITS SUPPLIER'S BREACH OF WARRANTY. 
SYNAMETRICS TECHNOLOGIES AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY 
OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY 
WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT WHICH THE SAME CANNOT OR MAY NOT 
BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, SYNAMETRICS TECHNOLOGIES AND ITS 
SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, 
WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS. TO THE 
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SYNAMETRICS TECHNOLOGIES AND ITS SUPPLIERS DISCLAIM ALL OTHER 
WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED 
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, 
INFORMATIONAL CONTENT OR ACCURACY, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT, WITH REGARD 
TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED 
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION 
TO STATE/JURISDICTION. 

(c)        Limitation Of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW EVEN 
IF A REMEDY FAILS ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL SYNAMETRICS TECHNOLOGIES OR ITS SUPPLIERS 
BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER 
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, 
LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR 
INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, 
EVEN IF SYNAMETRICS TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, 
SYNAMETRICS TECHNOLOGIES ENTIRE LIABILITY UNDER ANY PROVISION OF THIS SOFTWARE LICENSE AGREEMENT SHALL 
BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT. Because some states 
and jurisdictions do not allow the exclusion or limitation of liability, the above 
limitation may not apply to you. In such states and jurisdictions, Synametrics Technologies liability 
shall be limited to the greatest extent permitted by law and the limitations or exclusions 
of warranties and liability contained herein do not prejudice applicable statutory consumer 
rights of person acquiring goods otherwise than in the course of business. The disclaimer 
and limited liability above are fundamental to this Software License Agreement between 
Synametrics Technologies and you.

(d)        Infringement Claims. Synametrics Technologies will indemnify and hold you harmless and will 
defend or settle any claim, suit or proceeding brought against you by a third party that 
is based upon a claim that the content contained in the Software infringes a copyright or 
violates an intellectual or proprietary right protected by United States or European 
Union law ("Claim"), but only to the extent the Claim arises directly out of the use of 
the Software and subject to the limitations set forth in Section 5 of this Agreement 
except as otherwise expressly provided. You must notify Synametrics Technologies in writing of any 
Claim within ten (10) business days after you first receive notice of the Claim, and you 
shall provide to Synametrics Technologies at no cost with such assistance and cooperation as Synametrics 
Technologies may reasonably request from time to time in connection with the defense of the Claim. 
Synametrics Technologies shall have sole control over any Claim (including, without limitation, the 
selection of counsel and the right to settle on your behalf on any terms Synametrics Technologies deems 
desirable in the sole exercise of its discretion). You may, at your sole cost, retain 
separate counsel and participate in the defense or settlement negotiations. Synametrics Technologies 
shall pay actual damages, costs, and attorney fees awarded against you (or payable by you 
pursuant to a settlement agreement) in connection with a Claim to the extent such direct 
damages and costs are not reimbursed to you by insurance or a third party, to an aggregate 
maximum equal to the purchase price of the Software. If the Software or its use becomes 
the subject of a Claim or its use is enjoined, or if in the opinion of Synametrics Technologies legal 
counsel the Software is likely to become the subject of a Claim, Synametrics Technologies shall attempt 
to resolve the Claim by using commercially reasonable efforts to modify the Software or 
obtain a license to continue using the Software. If in the opinion of Synametrics Technologies legal 
counsel the Claim, the injunction or potential Claim cannot be resolved through reasonable 
modification or licensing, Synametrics Technologies, at its own election, may terminate this Software 
License Agreement without penalty, and will refund to you on a pro rata basis any fees 
paid in advance by you to Synametrics Technologies. THE FOREGOING CONSTITUTES SYNAMETRICS' SOLE AND 
EXCLUSIVE LIABILITY FOR INTELLECTUAL PROPERTY INFRINGEMENT. This indemnity does not apply 
to infringements that would not be such, except for customer-supplied elements.

 

6. SUPPORT AND MAINTENANCE 

Synametrics Technologies offers multiple optional "Support & Maintenance Package(s)" ("SMP") for the 
version of Software product edition that you have licensed, which you may elect to purchase 
in addition to your Software license. The Support Period, hereinafter defined, covered 
by such SMP shall be delineated at such time as you elect to purchase a SMP. Your rights 
with respect to support and maintenance as well as your upgrade eligibility depend on 
your decision to purchase SMP and the level of SMP that you have purchased:

(a)        If you have not purchased SMP, you will receive the Software AS IS and will not 
receive any maintenance releases or updates. However, Synametrics Technologies, at its option and in 
its sole discretion on a case by case basis, may decide to offer maintenance releases to 
you as a courtesy, but these maintenance releases will not include any new features in 
excess of the feature set at the time of your purchase of the Software. In addition, 
Synametrics Technologies will provide free technical support to you for thirty (30) days after the 
date of your purchase (the "Support Period" for the purposes of this paragraph a), and 
Synametrics Technologies, in its sole discretion on a case by case basis, may also provide free courtesy 
technical support during your thirty (30)-day evaluation period. Technical support is 
provided via a Web-based support form and via email. There is no guaranteed response time.

(b)        If you have purchased SMP, then solely for the duration of its delineated 
Support Period, you are eligible to receive the version of the Software edition that 
you have licensed and all maintenance releases and updates for that edition that are 
released during your Support Period. For the duration of your SMP's Support Period, you 
will also be eligible to receive upgrades to the comparable edition of the next version 
of the Software that succeeds the Software edition that you have licensed for applicable 
upgrades released during your Support Period. The specific upgrade edition that you are 
eligible to receive based on your Support Period is further detailed in the SMP that you
have purchased. Software that is introduced as separate product is not included in SMP. 
Maintenance releases, updates and upgrades may or may not include additional features. 
In addition, Synametrics Technologies will provide Priority Technical Support to you for the duration 
of the Support Period. Priority Technical Support is provided via a Web-based support 
form only, and Synametrics Technologies will make commercially reasonable efforts to respond via e-mail 
to all requests within forty-eight (48) hours during Synametrics Technologies business hours 
(MO-FR, 9am EST - 5pm EST, US holidays excluded) and to make reasonable efforts to provide 
work-arounds to errors reported in the Software. 


During the Support Period you may also report any Software problem or error to Synametrics Technologies. 
If Synametrics Technologies determines that a reported reproducible material error in the Software 
exists and significantly impairs the usability and utility of the Software, Synametrics Technologies 
agrees to use reasonable commercial efforts to correct or provide a usable work-around 
solution in an upcoming maintenance release or update, which is made available at certain 
times at Synametrics Technologies sole discretion.

If Synametrics Technologies, in its discretion, requests written verification of an error or malfunction 
discovered by you or requests supporting example files that exhibit the Software problem, 
you shall promptly provide such verification or files, by email, telecopy, or overnight 
mail, setting forth in reasonable detail the respects in which the Software fails to 
perform. You shall use reasonable efforts to cooperate in diagnosis or study of errors. 
Synametrics Technologies may include error corrections in maintenance releases, updates, or new major 
releases of the Software. Synametrics Technologies is not obligated to fix errors that are immaterial. 
Immaterial errors are those that do not significantly impact use of the Software. Whether 
or not you have purchased the Support & Maintenance Package, technical support only covers 
issues or questions resulting directly out of the operation of the Software and Synametrics Technologies 
will not provide you with generic consultation, assistance, or advice under any circumstances.

Updating Software may require the updating of software not covered by this Software License 
Agreement before installation. Updates of the operating system and application software not 
specifically covered by this Software License Agreement are your responsibility and will 
not be provided by Synametrics Technologies under this Software License Agreement. Synametrics Technologies
obligations under this Section 6 are contingent upon your proper use of the Software and your compliance 
with the terms and conditions of this Software License Agreement at all times. Synametrics Technologies 
shall be under no obligation to provide the above technical support if, in Synametrics Technologies 
opinion, the Software has failed due to the following conditions: (i) damage caused by the 
relocation of the software to another location or CPU; (ii) alterations, modifications or 
attempts to change the Software without Synametrics Technologies written approval; (iii) causes external 
to the Software, such as natural disasters, the failure or fluctuation of electrical power, 
or computer equipment failure; (iv) your failure to maintain the Software at Synametrics Technologies 
specified release level; or (v) use of the Software with other software without Synametrics Technologies 
prior written approval. It will be your sole responsibility to: (i) comply with all 
Synametrics Technologies-specified operating and troubleshooting procedures and then notify Synametrics Technologies 
immediately of Software malfunction and provide Synametrics Technologies with complete information thereof; 
(ii) provide for the security of your confidential information; (iii) establish and maintain 
backup systems and procedures necessary to reconstruct lost or altered files, data or programs.

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