Gladinet CloudAFS 64-bit 2.3.456


EULA - End User License Agreement



PLEASE READ CAREFULLY BEFORE USING THIS SOFTWARE PRODUCT AND SERVICE. By accepting these Terms of Service, you acknowledge that you have read and understand them. YOU ARE REPRESENTING THAT (1) YOU ARE AT LEAST 18 YEARS OLD, OR THE APPLICABLE AGE OF CONSENT UNDER LOCAL LAW, AND (2) HAVE THE AUTHORITY TO BIND YOURSELF OR YOUR COMPANY TO THIS AGREEMENT. BY INSTALLING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THIS TERMS OF SERVICE.

GLADINET TERMS OF SERVICE between Gladinet, Inc. (we or Gladinet) and the customer who orders Gladinet Cloud Attached File Server(CloudAFS) services (you or Customer).

THE AGREEMENT. Your use of the Gladinet CloudAFS services is governed by these Terms of Service, the Gladinet Acceptable Use Policy (AUP), the terms of your Order, and any documents incorporated by reference in any of these. When we use the term Agreement in any of the Order, Terms of Service, or AUP, we are referring collectively to all of them, and to any other documents that may be incorporated by reference in any of them. If the individual who accepts these Terms of Service or submits an Order does so on behalf of a company or other legal entity, the individual represents that he or she has authority to bind that entity to the Agreement. This Agreement is the complete and exclusive agreement between you and Gladinet regarding its subject matter and supersedes and replaces any prior agreement, understanding or communication, written or oral.

1. DEFINED TERMS. Some words used in the Agreement have particular meanings:

"Cloud Attached File Server" or "CloudAFS" means the Gladinet Cloud Attached File Server product and service. CloudAFS provides an open platform to deliver and integrate third party cloud storage services into your server operating system. You can mount online storage services into your file server using download-able plug-ins which are separate from this product. Your use of third party web services is subject to their Terms of Use. Any violation in the Terms of Use of third-party sites/services/products, as well as any damage caused to third parties through using the software, will be the sole responsibility of you.

"Gladinet Cloud Storage" or "Gladinet Storage" means the integrated Nirvanix Storage Delivery Network product and service in the Software and presented to you as Gladinet Cloud Storage.

"Acceptable Use Policy or AUP means the Gladinet Acceptable Use Policy posted at http://www.gladinet.com/p/aup.htm as of the date you sign the Order.

Confidential Information means all information disclosed by one of us to the other, whether before or after the effective date of the Agreement, that the recipient should reasonably understand to be confidential, including: (i) for you, all information transmitted through the CAFS product and service (ii) for Gladinet, unpublished prices and other terms of service, audit and security reports, product development plans, and other proprietary information or technology, and (iii) for both of us, information that is marked or otherwise conspicuously designated as confidential. Information that is developed by one of us on our own, without reference to the others Confidential Information, or that becomes available to one of us other than through violation of the Agreement or applicable law, shall not be Confidential Information of the other party.

Software means: (i) Gladinet Cloud Desktop, Gladinet Cloud Attached File Server and/or any other software that we may provide to you as part of the Services, and (ii) any updates, bug fixes, and successor versions or revisions that we may provide to you from time to time to supplement or replace any of the foregoing. (iii) User Guide, Help File and other "online" or electronic documentation (collectively "User Documentation")

Order means either: (i) the online purchase order that you submit to Gladinet via the Gladinet, Inc. website, or (ii) any other written order (either in electronic or paper form) provided to you by Gladinet, Inc. for signature that describes the Services you are purchasing, and that is signed by you, either manually or electronically.

Services means: those services described in the Order, including the right to use the Software described in the Order, and any optional service you may have elected to purchase, plus such support for those services as Gladinet, Inc. makes available to you.

"Secure Socket Layer" or "SSL" means cryptographic protocol that provides security for communications over networks such as the Internet.

2. SERVICES. Contingent on Gladinets acceptance of your Order, and subject to the terms of the Agreement, you may use the Services described in an Order for the term of the Order.

3. WHO MAY USE THE SERVICES. If you have purchased CloudAFS Product and Services, only you and/or your employees or your other agents may use the Services. You may not resell the Services unless you have been approved as a Gladinet reseller and have executed a reseller addendum to these Terms of Service. There are no third party beneficiaries to the Agreement, meaning that third parties do not have any rights against either of us under the Agreement.

4. ENCRYPTION. The Software allows you to encrypt your files, both before the transmission to the cloud service provider and while stored as encrypted. Some service providers also provide the ability to use SSL to protect the data in transit. Gladinet is not liable for any harm resulting from a data breach or other unauthorized use or disclosure of files that were not encrypted using the Software. Neither is Gladinet liable for any harm resulting from a data breach or other unauthorized use or disclosure of files that were not transmitted using SSL.

5. ADDITIONAL LICENSE TERMS FOR GLADINET SOFTWARE. The Software is licensed to use. "Use" means installing, copying, storing, loading, executing, displaying, or otherwise using Gladinet Software. You may not modify Gladinet Software or disable any licensing or control feature of Gladinet Software. You do not have the right to distribute Gladinet Software. The use of the product is forbidden for any illegal or non-authorized purposes. You are the only one responsible for your conduct and use of the software, including all content posted by you like photos, videos, graphics, clips, audio and any other material posted through the software.

5.1 Per Connection. For CloudAFS, you may authorize use of the Software only by that number of connections into the CloudAFS server stated in your Order.

5.2 Other License Terms. You may use any documentation included with the Software or otherwise provided to you by Gladinet, such as Help Files, only in connection with your use of the Software. You may not copy the documentation except as reasonably incident to your use of the Software as permitted by this Agreement. You may not assign, sublicense or transfer the Software, any documentation, or the license for the Software or documentation. You may not remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on the Software or documentation. Unless permitted by the terms of an open source software license, you may not reverse engineer, decompile or disassemble the Software except and to the extent that you are expressly permitted by applicable law to do this, and then following at least ten days advance written notice to Gladinet. Gladinet may revoke or terminate this license at any time without liability, except that if Gladinet revokes or terminates the license prior to the expiration or termination of the Agreement, and does not provide you with substitute software that enables you to effectively use the Service, Gladinet shall refund any prepaid fees for the unused portion of the term of your Agreement for the Services.

6. YOUR OBLIGATIONS. You agree to do each of the following: (i) comply with applicable law and the Gladinet AUP, (ii) pay when due the fees for the Services, (iii) use reasonable security precautions in light of your use of the Services, including encrypting any sensitive information by using the encryption feature of the Software, or other encryption method of equal or better strength and use SSL. (iv) cooperate with Gladinets reasonable investigation of outages, security problems, and any suspected breach of the Agreement, (v) keep your billing contact and other account information up to date; (vi) immediately notify Gladinet of any unauthorized use of your account or any other breach of security; (vii) comply with our reasonable restrictions on the total size of files or objects. In the event of a dispute between us regarding the interpretation of applicable law or the AUP, Gladinet s reasonable determination shall control.

7. TERM. The initial term for each Order begins on the date we make the Services described in the Order available for your use and continues for the period stated in the Order. If no period is stated in the Order, then the initial term shall be one month. Upon expiration of the initial term, the Order will automatically renew for successive renewal terms of one month, unless and until one of us gives the other a written notice of non-renewal at least thirty (30) days prior to the expiration of the initial term, or then-current renewal term, as applicable.

8. FEES. Gladinet will charge you the recurring and non-recurring fees described in your Order. Unless you have made other arrangements, Gladinet will charge your credit card without invoice as follows: (i) for recurring fees, either in advance on or around the first day of each billing cycle, or, at Gladinets option, in arrears with your non-recurring fees; and (ii) for non-recurring fees (such as storage) on or around the date incurred, or on or around the first day of the billing cycle that follows the date incurred, at Gladinets option. Unless otherwise agreed in the Order, your billing cycle will be monthly, beginning on the date that Gladinet first makes the Services available to you. Gladinet may suspend all services (including services provided pursuant to any unrelated Order or other agreement we may have with you) if charges to your credit card are rejected or charged back for any reason. Gladinet may charge interest on overdue amounts at 1.5% per month (or the maximum legal rate if it is less than 1.5%). If any amount is overdue by more than thirty (30) days and Gladinet brings a legal action to collect, you must also pay Gladinets reasonable costs of collection, including attorney fees and court costs. All fees are stated and will be charged in US Dollars. Charges that are not disputed within sixty (60) days of the date charged are conclusively deemed accurate. You must provide Gladinet with accurate factual information to help Gladinet determine if any tax is due with respect to the provision of the Services and if Gladinet is required by law to collect taxes on the provision of the Services, you must pay Gladinet the amount of the tax that is due or provide satisfactory evidence of your exemption from the tax. Gladinet may, at its option, require you to make payments through a third party billing service.

9. FEE INCREASES. We may increase fees at any time by posting the new fees on our website or giving you notice of the increase at least thirty (30) days in advance of the fee increase.

10. SUSPENSION. We may suspend your Services without liability if: (i) we reasonably believe that the Services are being used in violation of the Agreement; (ii) you dont cooperate with our reasonable investigation of any suspected violation of the Agreement; (iii) we reasonably believe that your Services have been accessed or manipulated by a third party without your consent, or (iv) as required by law. We will give you reasonable advance notice of a suspension under this paragraph and a chance to cure the grounds on which the suspension are based, unless we determine in our reasonable commercial judgment that a suspension on shorter or contemporaneous notice is necessary to protect Gladinet or its other customers from imminent and significant operational or security risk. If the suspension was based on your breach of your obligations under the Agreement, then we may continue to charges you the fees for the Services during the suspension, and may charge you a reasonable reinstatement fee (not to exceed $100) upon reinstatement of the Services.

11. TERMINATION FOR CONVENIENCE. You may terminate the Agreement for convenience at any time by giving us a written notice at support@gladinet.com. We will not refund any prepaid portion of the fees for the Services if you terminate for convenience, and we will charge the usage fees through the effective date of termination. We may terminate this Agreement for convenience at any time on at least thirty (30) days advance written notice.

12. TERMINATION FOR BREACH. We may terminate the Agreement for breach on written notice if: (i) we discover that the information you provided to us about yourself or your proposed use of the Services was materially inaccurate or incomplete, or we determine, in our reasonable discretion, that there is evidence of fraud in connection with your Services, (ii) if you are an individual, you were not at least 18 years old or otherwise did not have the legal capacity to enter into the Agreement at the time you submitted the Order for Services, or if you are an entity or fiduciary, the individual submitting the Order for Services did not have the legal right or authority to enter into the Agreement on behalf of the person represented to be the customer, (iii) your payment of any invoiced amount is overdue and you do not pay the overdue amount within three (3) days of our written notice, (iv) a credit report indicates you no longer meet our reasonable credit criteria, provided that if we terminate on this grounds we must give you a reasonable opportunity to migrate your files from Nirvanix in an orderly fashion; (v) you use your Service in violation of the AUP, or (vi) you fail to comply with any other provision of the Agreement and do not remedy the failure within thirty (30) days of our notice to you describing the failure. If we fail to provide the Services in breach of this Agreement, then we will refund you the fees for those Services for the period that we were in breach, provided that the refund will not exceed one month of fees for the Services.

You may terminate the Agreement for breach on written notice if: (i) we materially fail to provide the Services as agreed and do not remedy that failure within ten (10) days of your written notice describing the failure, or (ii) we materially fail to meet any other obligation stated in the Agreement and do not remedy that failure within thirty (30) days of your written notice describing the failure.

13. ACCESS TO DATA/BACK UPS. You will not have access to your data stored on Gladinet during a suspension or following termination. You agree to keep a current and reliable copy of all your stored files. Gladinet has no obligation to help you recover files that you or your users may inadvertently delete or corrupt.

14. RESPONSIBLIITY FOR USE OF THE SERVICES. You are responsible to Gladinet for the violation of the Agreement by any employee or agent of yours, any other person to whom you have given access to the Services, and any person who gains access to your files or the Services as a result of your failure to use reasonable security precautions, to the same extent as if you had commited the violation yourself, even if such violation was not authorized by you. You are responsible to Gladinet for any fees arising from the use of the Services by any of these persons, even if that use was not authorized by you.

15. WARRANTY AND WARRANTY DISCLAIMERS. We warrant that the Services and the Software will conform to the documentation we provide either online or with the Software. You sole and exclusive remedy for our breach of this warranty will be a refund of the fees for the billing period during which you notified us of your warranty claim.

The product is provided "AS IS". The service is provided "AS AVAILABLE". We do not promise that the Product and Services will be uninterrupted, error-free, or completely secure. You acknowledge that there are risks inherent in Internet connectivity that could result in the loss of your privacy, Confidential Information, and property. We disclaim any and all warranties not expressly stated in the Agreement, whether express or implied, including without limitation warranties that the product is free of defects, merchantable, fit for a particular purpose, and non-infringing. You are solely responsible for the suitability of the service and product chosen. Any voluntary services we may perform for you at your request and without any additional charge are provided on an AS IS basis.

16. COMPLIANCE WITH EXPORT LAWS. You represent and warrant that you are not on the United States Department of Treasury, Office of Foreign Asset Controls list of Specially Designated National and Blocked Persons and are not otherwise a person to whom Gladinet is legally prohibited to provide the Services. You may not use the Services for the development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles, nor may you provide access to the Service to any person (including any natural person or government or private entity ) that is located in or is a national of any country that is embargoed or highly restricted under United States export regulations. You will comply with all laws, rules, and regulations (i) applicable to the export or import of the Software, or (ii) restricting the Use of the Software, including any restrictions on nuclear, chemical, or biological weapons proliferation.

17. CONFIDENTIAL INFORMATION. Each of us agrees not to use the others Confidential Information except in connection with the performance or use of the Services, as applicable, the exercise of our respective legal rights under the Agreement, or as may be required by law. Each of us agrees not to disclose the others Confidential Information to any third person except as follows:
(i) to our respective service providers, agents and representatives, provided that such service providers, agents or representatives agree to confidentiality measures that are at least as stringent as those stated in these Terms of Service.
(ii) to law enforcement or government agency if required by a subpoena or other compulsory legal process, or if either of us believes, in good faith, that the Confidential Information reflects conduct that may violate applicable law;
(iii) as required by law; or
(iv) in response to a subpoena or other compulsory legal process, provided that each of us agrees to give the other written notice of at least seven (7) days prior to disclosing Confidential Information under this subsection (or prompt notice in advance of disclosure, if seven days advance notice is not reasonably feasible), unless the law forbids such notice.

18. LIMITATION OF LIABILITY.
Neither of us (nor any of our employees, agents, affiliates or suppliers) is liable to the other for any lost profits or any other indirect, special, incidental or consequential loss or damages of any kind, or for any loss that could have been avoided by the damaged partys use of reasonable diligence, even if the party responsible for the damages has been advised or should be aware of the possibility of such damages. In no event shall either of us be liable to the other for any punitive damages.

Gladinets liability for Gladinet Storage downtime shall not exceed an amount equal to your fees for Gladinet Storage for the billing period during which the downtime occurred.

Notwithstanding any damages that you might incur, the maximum aggregate monetary liability of Gladinet and any of its employees, agents, suppliers, or affiliates under the Agreement, under any theory of law (including breach of contract, tort, strict liability, and infringement) shall not exceed the greater of Fifty Dollars ($50.00) or the amount paid for the Services that are the subject of the claim during the three months prior to the occurrence of the events giving rise to the claim.

19. INDEMNIFICATION. If we, our affiliates, or any of our or their respective employees, agents, or suppliers (the Gladinet Indemnitees) is faced with either: (i) a legal claim by a third party arising out of your actual or alleged gross negligence, willful misconduct, violation of law, failure to meet the security obligations required by the Agreement, violation of the AUP, or violation of Section 16 (COMPLIANCE WITH EXPORT LAWS) of these Terms of Service, or (ii) any legal claim by your authorized users, then you will pay the cost of defending the claim (including reasonable attorney fees) and any damages award, fine or other amount that is imposed on the Gladinet Indemnitees as a result of the claim. Your obligations under this subsection include claims arising out of the acts or omissions of your employees, any other person to whom you have given access to the Services, and any person who gains access to the Services as a result of your failure to use reasonable security precautions, even if the acts or omissions of such persons were not authorized by you. We will choose legal counsel to make decisions regarding the defense of the claim, provided that these decisions must be reasonable and must be promptly communicated to you. We may not settle the claim without your consent, although such consent may not be unreasonably withheld. You must pay expenses due under this Section as we incur them.

20. CHANGES TO THE TERMS OF SERVICE. We may change our TERMS OF SERVICE provided that any changes are reasonable and consistent with applicable law and industry norms. Any such changes made during the term of your Agreement will become effective as to you upon the first to occur of: (i) renewal, (ii) your execution of a new/additional Order for your account that incorporates the revised AUP or these Terms of Service, or (iii) ten (10) days following our notice to you describing the change. If the change materially and adversely affects you, you may terminate the Agreement by giving us written notice of termination on such grounds no later than ten (10) days following the date the change became effective as to you and we will not enforce the change as to you for ten (10) days following the date of your notice.
21. OWNERSHIP OF INTELLECTUAL PROPERTY
Each of us retains all right, title and interest in and to our respective trade secrets, inventions, copyrights, and other intellectual property. Any intellectual property developed by Gladinet during the performance of the Services shall belong to Gladinet unless we have agreed with you in advance in writing that you shall have an interest in the intellectual property.

22. ASSIGNMENT/SUBCONTRACTORS
You may not assign the Agreement or sublicense the Software without Gladinets prior written consent. We may assign the Agreement in whole or in part as part of a corporate reorganization or a sale of our business, and we may transfer your Confidential Information as part of any such transaction.
23. GOVERNING LAW, LAWSUITS
The Agreement is governed by the laws of the State of Florida, exclusive of any Florida choice of law principle that would require the application of the law of a different jurisdiction, and the laws of the United States of America, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Exclusive venue for all disputes arising out of the Agreement shall be in the state or federal courts in Palm Beach County, Florida, and we each agree not to bring an action in any other venue. You waive all objections to this venue and agree not to dispute personal jurisdiction or venue in these courts. You agree that you will not bring or participate in any class action lawsuit against Gladinet. or any of its employees or affiliates. Each of us agrees that we will not bring a claim under the Agreement more than two years after the time that the claim accrued.

24. EVALUATION USE OF SERVICES. If Gladinet authorizes your use of the Services without charge on an evaluation or trial basis, then notwithstanding anything to the contrary herein, Gladinet provides the evaluation Services AS IS and "AS AVAILABLE" with no representation or warranty. You must stop using the Services at the end of your designated trial period or any time that Gladinet revokes your trial use rights.

25. BETA SERVICES. If you elect to participate in any beta test of a Gladinet Service (a Beta Service), then your use of the Beta Service is subject to the following additional terms:
i. you acknowledge that the Beta Service is a pre-release version and may not work properly;

ii. you acknowledge that your use of the Beta Service may expose you to unusual risks of operational failures;

iii. you should not use the pre-release version of the Beta Service in a live production environment;

iv. we may terminate the Beta Service at any time, in our sole discretion;

v. the commercially released version of the Beta Service may change substantially from the pre-release version and programs that use or run with the pre-release version may not work the commercial release or subsequent releases.

vi. you agree to provide prompt feedback regarding your experience with the Beta Service in a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems you experience. You agree that we may use your feed back for any purpose, including product development purposes. At our request you will provide us with comments that we may use publicly for press materials and marketing collateral. Any intellectual property inherent in your feedback or arising from your testing of the service shall be owned exclusively by Gladinet.

vii. you agree that all information regarding your beta test, including your experience with and opinions regarding the Beta Service, is Confidential Information of Gladinet as defined in these Terms of Service and may not be disclosed to a third party or used for any purpose other than providing feedback to Gladinet, Inc..

viii. the Beta Service is provided "AS IS" with no warranty whatsoever.

ix. to the extent permitted by applicable law, Gladinet disclaims any and all warranties with respect to the Beta Service including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement;

x. the maximum aggregate liability of Gladinet, Inc. and any of its employees, agents, affiliates, or suppliers, under any theory of law (including breach of contract, tort, strict liability, and infringement) for harm to you arising from your use of the Beta Service shall be a payment of money not to exceed Ten Dollars($10.00).

26. SOME AGREEMENT MECHANICS
If these Terms of Service are incorporated in your Order by reference to a page on the Gladinet website and we revise the Terms of Service posted on that page, those revisions will not be effective as to an Order that we accepted prior to the date we posted the revision until the first day of the renewal period that follows the effective date of the amendment by at least thirty days. However, if over time you sign multiple Orders for a single account, then the Terms of Service posted on the effective date of the latest Order will govern the entire account. Any Terms of Service that you accept as part of the installation of a new version of or update to the Software shall supersede and replace these terms of service in their entirety. Gladinet may accept or reject any Order you submit in its sole discretion. Gladinets provisioning of the Services described in an Order shall constitute Gladinets acceptance of the Order.

2010 Gladinet, Inc.
April 1, 2010 revision
CloudAFS is a trademark of Gladinet, Inc.



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Downloads: 160
Updated At: 2024-03-27
Publisher: Gladinet, Inc.
Operating System: windows
License Type: Free Trial