DuroCloud User Agreement

Last Updated: 4/27/2016

Please read this User Agreement ("Agreement") carefully before checking the "I agree" box, downloading, or otherwise using the DuroCloud client application ("Application") or the DuroCloud service ("Service"). By checking the "I agree" box, downloading or using the Service, you are agreeing to be bound by the terms and conditions of this Agreement. If you do not agree to the terms of this agreement, do not check the "I agree" box, and do not download or use the Service.

License

DuroSoft Technologies, LLC grants you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Application to connect to the Service, solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.

Restrictions

While we are, by design, technologically unable to examine the contents of your storage account, we ask that you refrain from storing illegal files or material within your storage account, and from the activities and/or behaviors listed below.

By entering the Agreement, you agree not to, and you will not permit others to:

U.S. Cryptographic Export Control Compliance

The DuroCloud client Application contains executable binaries from Oracle, Inc implementing strong cryptographic algorithms, including but not limited to the 256-bit Advanced Encryption Standard, which are subject to U.S. export control regulations. Due to these restrictions and as per Oracle's license with the U.S. Beureu of Industry and Security, we are required to deny distribution of the Application to users or organizations that meet any of the following criteria.

By entering this agreement, you certify under perjury of law that you are NOT:

Modifications to Application and/or Service

DuroSoft Technologies, LLC reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or the Service to which it connects, with or without notice, without liability to DuroSoft Technologies, LLC, including but not limited to deleting any and all files stored in the Service should you violate, breach, or otherwise end this Agreement.

DuroSoft Technologies, LLC reserves the right to, without warning or prior notice to you, terminate your account, or change its associated storage and bandwidth quotas.

Paid Account Provisions

By entering this agreement, you agree to:

Ownership

The original and any copies of the Application, made by you, including translations, compilations, partial copies, modifications, and updates, are the property of DuroSoft Technologies, LLC.

Term and Termination

This Agreement shall remain in effect until terminated by you or DuroSoft Technologies, LLC. DuroSoft Technologies, LLC may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from DuroSoft Technologies, LLC, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by contacting us directly to have your account closed.

Upon termination of this Agreement, you shall cease all use of the Application and DuroCloud Service, and delete all copies of the Application from your mobile device or from your desktop.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Warranty Disclaimer

By entering this agreement, you accept the Application and underlying Service "AS IS." DUROSOFT TECHNOLOGIES, LLC PROVIDES NO WARRANTIES AS TO THE FUNCTION OR USE OF THE APPLICATION OR SERVICE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE APPLICATION AND SERVICE IS WITH YOU. DUROSOFT TECHNOLOGIES, LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLICATION OR SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE APPLICATION OR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE.

Limitation of Liability

BY ENTERING THIS AGREEMENT, YOU AGREE THAT DUROSOFT TECHNOLOGIES, LLC's LIABILITY TO YOU UNDER ANY PROVISIONS OF THIS AGREEMENT FOR DAMAGES FINALLY AWARDED SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID HEREUNDER BY YOU TO DUROSOFT TECHNOLOGIES, LLC. IN NO EVENT SHALL DUROSOFT TECHNOLOGIES, LLC BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, DELETION OR CORRUPTION OF FILES, LOSS OF PROFITS OR INTERRUPTION OF BUSINESS, HOWEVER CAUSED OR ON ANY THEORY OF LIABILITY.

Amendments to this Agreement

DuroSoft Technologies, LLC reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 2 days' notice via your registered Account email address prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By entering this Agreement you agree to be bound by the then current version of the Agreement. The up-to-date, current version of this Agreement can always be found at durosoft.com/durocloud/eula.

Contact Information

If you have any questions, concerns, or comments about this Agreement, you may contact us via support@durosoft.com.