HyperV Backup Community Edition 1.0.0

EULA - End User License Agreement

Copyright 2023 Synergy USA LLC

www.synergy-usa-llc.com

Software Non-Exclusive License Agreement
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1. This is an agreement between the company under the trade name Synergy USA LLC (hereinafter referred to as the Licensor) and you (hereinafter referred to as the Licensee).

2. The Licensor provides the Licensee with a limited, non-exclusive and non-transferable license for the use of the named software (hereinafter referred to as the Software).

3. The Licensee acknowledges that this is only a limited, non-exclusive and non-transferable license, and that the Licensor is and remains the sole owner of all titles, rights, and interests in the Software. In particular, the Licensee acknowledges and agrees that the copyright, patent and all other intellectual property rights of whatever nature in the Software are and shall remain the property of the Licensor, and nothing in this Agreement should be constructed as transferring any aspects of such rights to Licensee or any third party.

4. Evaluation. The software is not free. You may use this software for evaluation purposes without charge for a period of 30 days. To continue using the software beyond the 30 day evaluation period, you must register it.

5. License. Your rights and obligations with respect to the use of the Software are as follows. You may: (a) make copies of the Software for archival purposes, or copy the Software onto the hard disk of your computer and retain the original for archival purposes; and (b) use the Software in accordance with any additional permitted uses set forth below. You may not: (a) sublicense, rent, or lease any portion of the Software; reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software; (b) use the Software in any manner not authorized by this license; nor (c) use the Software in any manner that contradicts any additional restrictions set forth below.

6. The Software is provided as-is, without any express or implied warranty.

7. Notwithstanding the foregoing, LICENSOR IS NOT LIABLE TO LICENSEE FOR ANY DAMAGES (DIRECT OR INDIRECT), INCLUDING COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, CONNECTED WITH OR RESULTING FROM THIS LICENSE AGREEMENT OR LICENSEES USE OF THIS SOFTWARE.

8. Licensee agrees to defend and indemnify Licensor and hold Licensor harmless from all claims, losses, damages, complaints, or expenses connected with or resulting from Licensee's business operations and or its Software.

9. In the event that Licensee notifies Licensor of an Error during the Warranty Period, Licensors sole liability, and Licensees sole remedy, will be Licensors use of reasonable effort to correct such Error or, in Licensors sole discretion, to refund the portion of the prepaid price applicable to the portion of the Software which is defective. Warranty Period mean ninety (90) days from the acceptance of the present Agreement.

10. Licensor has the right to terminate this License Agreement and Licensee's right to use this Software upon any material breach by Licensee.

11. Licensee agrees to return to Licensor or to destroy all copies of the Software upon termination of the License.

12. If any part of this Agreement is held to be illegal or unenforceable, the validity or enforceability of the remaining content of the Agreement shall not be affected.

13. This License Agreement is the entire and exclusive agreement between Licensor and Licensee regarding this Software. This License Agreement replaces and supersedes all prior negotiations, dealings, and agreements between Licensor and Licensee regarding this Software.

14. This License Agreement is governed by the laws of the state of Delaware, USA.

15. his License Agreement is valid without Licensor's signature. It becomes effective upon Licensee's use of the Software.

16. Support. Support is available online via our website and email under these conditions: (a) we guarantee that we will respond to the best of our ability, and as promptly as is reasonably possible, to all reasonable queries received from registered users; and (b) in the case of registrations that cover multiple users, we may ask that the organization designate one user as the contact point to receive support requests from other users and filter out duplicates.

17. Refund Policy. In certain instances you may be eligible for a refund if desired. We hope our products exceed your expectations, but in the rare instance they don't please read this document to ensure you understand our Refund Policy.
Refund requests must be received via email. Refunds will be given at the discretion of Synergy USA llc management. Our products can be downloaded and used at no cost for a trial-period of 30-days. The products are fully functional during this time and not restricted in any way. This provides the ability to completely test out the product to ensure it is fit for purpose and understand the job the product is designed to do. Hence:
* Refunds will not be given if a customer changes their mind.
* Refunds will not be given if the customer believed the product performed a different job than it actually does.
* Refunds will not be given if we have incurred significant support costs.
We do understand that mistakes can be made, and generally we will try to refund a purchase regardless of the reason. However we do ask that customers make use of the 30-day trial period, and we reserve the right to adhere to the refund rules specified above.
If a refund is given, the license serial/key for the purchase will be disabled.

18. Regarding Data Collection. If you make a purchase of a product from our website your full name, company name, address, and email address are collected for billing information.
This information is collected for a number of reasons: a) To verify you are the license owner in the event you contact us for support; b) To verify you are the license owner if you request we re-send your license information; c) To verify you are the license owner when upgrading an existing license; and d) To help prevent fraudulent purchases.
We do not sell or provide any of your collected details to third-parties beyond what is required to process your payment. To process a payment, some of your billing details may be provided to the payment processor.
We do not collect or retain your credit card number, expiration date, or security code. These details are sent directly to the payment processor and do not pass through our servers or network.
We retain data related to the purchase of a product as long as is legally required to meet record-keeping obligations under taxation law and related legislation. Beyond that, we may continue to retain purchase-related data while the product is still considered active by us. An active product is one that is available for purchase, or technical support is still available, or upgrades from the product are still offered.
19. GDPR. European Union citizens may exercise their rights under the GDPR (General Data Protection Regulation), such as access to their personal information, by contacting us via email with their request. Under Article 17 of the GDPR individual citizens of the European Union (EU) have the right to have certain personal data erased, commonly known as the "right to be forgotten".
In particular, we can only erase personal data if we no longer have a legal obligation to retain it, and that the data is no longer necessary for the purpose it was collected or processed. We have outlined where this applies and why below:
* We cannot erase any financial, billing, purchase, or other associated data for store purchases, refunds, or other transactions that occurred during the current US financial year or the previous five (5) financial years.
* We cannot erase purchase or billing data that is included on invoices for purchases less than ten (10) years old. All online store purchases have an invoice associated with them. Personal data on an invoice includes your name, address, and tax identifier (if applicable). This is a legal obligation to comply with the record keeping requirements.
* We cannot erase personal data which wasn't collected or stored by us (for example, if you have created an account with PayPal, we cannot erase the data they directly collected from you).
* We cannot erase data which isn't considered personal data. This includes non-identifying data we have generated, such as product serial numbers.

The following is a list of personal data we collect and apply for erasure request:
* Newsletter subscriptions (includes email address and IP address used for signup)
* Usage logs (if submitted with a contact email address)
* Email and written correspondence (subject to the conditions in the section above)
* Support requests (subject to the conditions in the section above)
* License and receipt emails (subject to the conditions in the section above)
* A purchase or quote billing name, address, email address, and IP address (subject to the conditions in the section above)
* Data from website logs

To submit an Erasure Request under Article 17 of the GDPR please send an email titled "GDPR Erasure Request to our support email address support@synergy-usa-llc.com. This request must contain the following information to allow us to locate your personal data, confirm your identity, and identify the scope of the request:

* Identify the information you wish erased, for example "all personal data associated with me", "only data related to my store purchase", "only support requests I have submitted", etc.
* Include the email address/es associated with your data (e.g. the billing email address used when making a purchase, the email address used when signing up to our newsletter, etc.). We may send an email to these addresses to verify you as the owner. If these email addresses are no longer active we may request additional verification.
* Include the transaction/receipt number and/or serial number of any purchases.

Please note that the erasure of personal data relating to a product license (such as the license name or email address) will result in that license ceasing to function. Any software products using that license will be unregistered. This cannot be reverted.

www.synergy-usa-llc.com