Last Updated February 8, 2010; please check here for updates.
PLEASE READ BEFORE USING SyncPhotos
This is a legal agreement between you as an individual and PhotoMinds LLC doing business as Haystack Software ("PhotoMinds LLC"), and governs the terms and conditions of your use of The Software (as defined below) and any updates that may be provided. This Agreement constitutes the entire agreement between PhotoMinds LLC and you regarding The Software, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement.
Definition of Terms
a. PhotoMinds LLC doing
business as Haystack Software is referred to herein as "PhotoMinds
LLC."
b. You, as the user, are referred to herein as "you,"
"user," or "customer."
c. SyncPhotos (whether preinstalled, on a medium, or offered by download) and
all other software, features, tools, websites, documentation and
services provided by PhotoMinds LLC are referred to herein as "The
Software".
d. Access, installation, usage, and/or registration of The Software is
referred to herein as "use", "using" or "usage".
To Use The Software You Must Agree to this License Agreement
By using The Software, you agree to this License Agreement. Each time
you use The Software, you reaffirm your acceptance of the then-current
License Agreement. If you do not wish to be bound by this License
Agreement, you may discontinue using The Product. You cannot use The
Product until you have accepted this License Agreement. You represent
and warrant that you have adequate legal capacity to enter into binding
agreements such as this License Agreement.
Product License
PhotoMinds LLC grants you a personal, non-exclusive, non-transferable
limited license to install The Product as distributed by PhotoMinds LLC
in object code form only for the sole and exclusive purpose of using
The Product on one(1) computer in accordance with these Terms of
Service.
Disclaimer of Warranty; Limitation of Liability
The Product is provided as is. PhotoMinds LLC is not responsible for
any damage to the user's computer system or data and in no event will
PhotoMinds LLC, its officers, directors, employees or agents be
responsible to the user for any consequential, incidental, or indirect
damages (including damages for loss of business profits, business
interruption, lost of business information, and the like) arising out
of the use or inability to use The Product, even if PhotoMindsLLC has
been advised of the possibility of such damages. Because some states do
not allow the exclusion or limitation of liability for consequential or
incidental damages, the above limitations may not apply to you.
Further, the consumer agrees that using The Product in any way illegal,
or even for the purposes of assessing its viability for illegal usage,
is prohibited.
Modifications to the License Agreement
In the event that PhotoMinds LLC makes changes to this License
Agreement, the modified License Agreement will be posted on our web
site. You agree to the new posted License Agreement by continuing your
use of The Software. If you do not agree to with the modified License
Agreement, your only remedy is to discontinue using The Software.
The provisions of this License Agreement addressing disclaimers of representations and warranties and limitation of liability shall survive the termination of this License Agreement.