Datasert - Datasert - Realfire EULA

Introduction

This document is an End-User Licence Agreement (“EULA”) between the person (“You”) who has downloaded and installed the Realfire App (“Product”) and Datasert Inc. (“Datasert”) for your use of the Realfire App (“Realfire”).

Accepting the Agreement

By downloading and installing the Product on any computer system, You agree to be bound by this EULA. Datasert reserves the right to modify terms of this EULA at its discretion. If Datasert makes any material changes to the EULA terms, it may notify posting a notice on its website www.datasert.com.

You must be legally capable of entering in to a binding contract under the laws of the country and/or state to which You are subject to. If You are a non-individual such a company, the person entering in to this EULA must be duly authorized (by such non-individual entity) to enter in to it. If You are not legally capable of entering into a contract under the laws of country and/or state to which you are subject to, you cannot use the Product and you must uninstall the Product and cease its use immediately.

You must be a human being to enter into this EULA even if you intend to Use to the Product on an automated platform or other form of non-human Use. Any use of the Product by ‘bots’ or other automated tools or methods is not permitted under this EULA unless the EULA has been entered into by a human being.

License Grant

In consideration of You agreeing to be bound by and abide by this EULA, Datasert grants You a revocable, royalty free, non-exclusive, non-transferable, global, limited license to Use* the Product in executable code form only on the computer on which you first install the Product. Except for the limited license set out in this EULA, Datasert grants you no other license or right in the Product.

*Use, Using or Used means to directly or indirectly activate the processing capabilities of the Product, load, execute, access, utilize, store, employ the Product, or display information resulting from such capabilities or generating any Content by utilizing its capabilities. User means anyone Using the Product.

The Product may contain third party materials that are subject to separate licensing terms. By Using the Product, You agree to be bound by those separate license terms.

You are permitted to Use the Product by installing it on as many computer system as you desire subject to the following conditions. You must not Use or install the Product on a shared network, platform or resources where more than one computer system is capable of accessing the Product simultaneously. If You want to use the Product on multiple computer systems, You must download and install it separately in each such computer system. The Product has additional features and components that may be subject to different license terms than those set out in this EULA and such specific terms shall override the EULA to the extent necessary.

Proprietary Rights and Non-exclusivity

You acknowledge and agree that Datasert owns all legal right, title and interest in the Product including but not limited to any ideas, concepts, inventions, systems, platforms, interfaces, tools, utilities, user interface, algorithms, logic, formulae, scripts, work flows, processes, software, methodologies, databases know-how, trade secrets and other technology and information including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist.

This EULA is a non-exclusive arrangement. There is no prohibition or restriction on Datasert to provide same or similar rights as set out in this EULA to any other person.

Backup and Ownership

Realfire Professional+ edition allows you to take a backup of your local content. Content is encrypted using your master password and can only be viewed using that master massword.

You own all of the rights and title in the Content you upload into, or generate by Using, the Product. Therefore, You are solely responsible for any Content uploaded by You in or generate by Using the Product. Your Content must not violate terms of law or any right (including intellectual property right) of any person.

Datasert provides you the ability to store none or all or part of Your Content on the Server*. This storage functionality is provided to you on an “as-is where-is basis”. While the content is completely encrypted in local machine, before uploading to Server, Datasert does not take any responsibility for the security of such Content. If you use the storage functionality to store Your Content, You will be deemed to have accepted all the conditions in this EULA relating to such functionality.

*Server means the storage server and such other hardware and software resources of Datasert that are used to store amongst other things, the Content.

Restrictions

Datasert has only licensed the Product to You and Datasert does not sell the Product. As between Datasert and you, Datasert owns all right, title and interest in and to the Product, and any intellectual property rights associated with it and with Datasert. Datasert reserves all rights in and to the Product that it does not expressly grant You in this Agreement.

You agree not to:

Use the Product for any illegal purpose or in a manner that it violates any law or rights of any other person
Permit Use of the same Product in a manner not authorised by this EULA
Disassemble, decompile, unlock, reverse engineer, or decode the Product in any manner or create any derivative works based of the Product
Re-sell, grant any rights under this EULA to any third party or lease, time-share, lend or rent Products
Copy any features, functions or user interfaces of the Products
Introduce any malicious code, virus, malware, or any other material that disrupts, slows down or causes the Product to malfunction
Upload or generate any Content that is is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable.

Disclaimers

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PRODUCT IS AT YOUR SOLE RISK AND THAT THE PRODUCT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTY FOR MERCHANTABILITY OR FITNESS FOR PURPOSE.

DATASERT DOES NOT WARRANT THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE SECURE, ERROR FREE OR UNINTERRUPTED.

YOU HAVE CHOSEN TO USE THE PRODUCT ON YOUR OWN VOLITION AND DATASERT BEARS NO RESPONSIBILITY AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT. DATASERT WILL NOT UNDER ANY CIRCUMSTANCE BE RESPONSIBLE FOR LOSS OF ANY DATA WHETHER FROM YOUR COMPUTER OR THE SERVER, DUE TO USE OF THE PRODUCT.

DATASERT HAS NO CONTROL OVER THE CONTENT UPLOADED OR GENERATED BY YOU IN YOUR USE OF THE PRODUCT. DATASERT UNDERTAKES NO RESPONSIBILITY FOR ANY LOSS THAT YOU OR ANY OTHER PERSON MAY SUFFER DUE TO ANY CONTENT UPLOADED OR GENERATED BY YOUR USE OF THE PRODUCT.

DATASERT HAS NO CONTROL OVER THE USE THAT ANY THIRD PARTY MAY PUT TO ANY CONTENT THAT IS SHARED BY YOU ON THE PRODUCT. DATASERT ASSUMES NO RESPONSIBILITY FOR ANY LOSS THAT YOU OR ANY THIRD PARTY MAY SUFFER DUE TO ANY CONTENT SHARED BY YOU ON THE PRODUCT.

Indemnity And Liability

To the maximum extent permitted by law, You agree to defend, indemnify and hold harmless Datasert and its directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or accruing from (i) Your use of the Product in violation of this EULA or any applicable laws or regulations, and (ii) any third party claims arising out of or relating to Your Use of the Product.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT DATASERT, ITS REPRESENTATIVES, AND LICENSORS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU BY USE OF THE PRODUCT, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT DATASERT OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

Termination And Take-Down

Datasert has the right to terminate the EULA, if (i) You have breached any term in the EULA, (ii) it is required to do so under law, or (iii) Datasert decides to discontinue the Product.

General Terms

This EULA constitutes the whole legal agreement between You and Datasert and governs your Use of the Product, and completely replaces any prior agreements between You and Datasert in relation to the Product.

You must keep all information received by You from Datasert in relation to the Product or otherwise, strictly confidential. You are not permitted to share those information with any third party without prior written permission of Datasert.

You agree that if Datasert does not exercise or enforce any legal right or remedy which is contained in this EULA (or which Datasert has the benefit of under any applicable law), this will not be taken to be a formal waiver of Datasert’s rights and that those rights or remedies will still be available to Datasert.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this EULA is invalid, then that provision shall be deemed removed from this EULA without affecting rest of this Agreement. The remaining provisions of this EULA will continue to be valid and enforceable.

The rights granted in this EULA may not be assigned or transferred by You without the prior written approval of Datasert. You are not permitted to delegate Your responsibilities or obligations under this EULA without the prior written approval of Datasert. Datasert is entitled to assign, transfer or delegate any right, responsibility, duty or obligation under this EULA.

Please send any feedback and suggestions that You have for the Product to support@datasert.com. You agree that Datasert is at liberty to use and incorporate those feedback and suggestions in the Product without affecting its rights and title in the Product.

This EULA shall be governed by the laws of the state of California and the United States, without regard to any conflict of law provisions. You and Datasert agree to submit to the exclusive jurisdiction of the courts in the state of California to resolve any dispute arising out of this EULA.

Product Screenshots

Datasert hereby grants you a worldwide, non-exclusive, royalty-free, limited, and non-transferable license to capture and display Screenshots for educational or illustrative purposes, in advertising, on documentation (including educational brochures, training presentations, product reviews and white papers), in tutorial books and tutorial apps, in video, or on websites, provided such use of the Screenshots by you does not amount to a prohibited purpose under Clause (Restrictions) hereof. For purpose of this Clause, the term “Screenshot” means a digital image that captures the contents of a User’s screen (whether on a desktop, mobile or other computing device) in the course of such User’s Use of the Product.

The above license to use the Screenshots is subject to Datasert retaining all right, title and interest in and to the Screenshots. If your use meets the above criteria, no further written permission is required. All other use of Screenshots require prior written permission from Datasert.