Cloud Turtle 1.0

EULA - End User License Agreement

End User License Agreement

PLEASE READ THIS DOCUMENT (THIS "AGREEMENT") CAREFULLY BEFORE USING THE SOFTWARE PROVIDED ALONG WITH THIS AGREEMENT (THE "SOFTWARE"). BY CLICKING "I ACCEPT THE TERMS IN THE LICENSE AGREEMENT", YOU AGREE TO THE TERMS OF THIS AGREEMENT AND TO THE GENIE9 PRIVACY POLICY, WHICH IS INCORPORATED IN THIS AGREEMENT AND CAN BE FOUND AT GENIE-SOFT'S WEBSITE (HTTP://WWW.GENIE9.COM/ABOUTUS/LEGAL.HTML). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY DELETE AND DESTROY ALL COPIES OF THE SOFTWARE.

Export Control Laws

Product, including software and documentation, available on the Cloud Turtle website is subject to export controls administered by the United States and other countries. Diversion contrary to U.S. law is prohibited. Export, re-export or import of certain product may require action on your behalf prior to purchase and it is your responsibility to comply with all applicable international, national, state, regional and local laws, and regulations, including any applicable import and use restrictions. Genie9 products are currently prohibited for export or re-export to Cuba, North Korea, Iran, Iraq, Libya, Syria and Sudan or to any country subject to relevant trade sanctions. In addition, Genie9 products are prohibited for export or re-export to any person or entity on the U.S. Department of Commerce Denied Persons, Entities and Unverified Lists, the U.S. Department of State's Debarred List, or on the U.S. Department of Treasury's lists of Specially Designated Nationals, Specially Designated Narcotics Traffickers or Specially Designated Terrorists, as the same may be revised from time to time, or for use with chemical or biological weapons, sensitive nuclear end-users, or missiles. By downloading or using product from this site, you are agreeing to the foregoing and all applicable export control laws. You are also warranting that you are not under the control of, located in, or a resident or national of any such country or on any such list. The information on export laws provided herein is not necessarily complete. For more information on export laws, please contact the U.S. Department of Commerce, Bureau of Industry and Security (BIS). More information on BIS can be found at: http://www.bis.doc.gov.

Versions of the Software

There is one version of Cloud Turtle (free), it is subject to this Agreement. UPON ORDERING, DOWNLOADING, INSTALLING OR USING THIS VERSION OF THE SOFTWARE, YOU ARE REAFFIRMING THAT YOU ARE BOUND TO THE TERMS OF THIS AGREEMENT.

License to Use

One copy of Cloud Turtle. The GENIE9 Company through this License Agreement grants to you non-exclusive and non-transferable rights there under in respect of using a copy of the computer program for a service life thereof, i.e. for a time period throughout which GENIE9 shall maintain and make available an updated version thereof. You may install (download) and use only one copy of the program designated for protection of exclusively one personal computer, notwithstanding as to how many times you download the program and how many times you accept the License Agreement. You must not use the program in a network or on more than one computer. This particular software version is distributed free of charge, therefore, the applicable license is only granted for home use thereof. In case of this free version, the program is not subject to any guarantees, and the user has no right to any technical support whatsoever.

One copy of the registered version of Cloud Turtle may be used by a single person who uses the software personally. The registered version of Cloud Turtle may not be rented, loaned, leased, licensed, or otherwise used, by anyone other than the individual who has registered the software.

You may make a reasonable number of copies of the software for backup and archival purposes. You also agree that you may not reverse assemble, reverse compile, or otherwise translate the Program.

No Additional Licenses

All rights to the Cloud Turtle software and documentation not expressly granted under this Agreement are reserved to Genie9.com Corp. You may not translate, decompile, disassemble or reverse engineer the Cloud Turtle software or documentation.

Costs of Litigation.

If any action is brought by either party to this License Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation.

Disclaimer of Warranty

THIS SOFTWARE AND ACCOMPANYING DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. BECAUSE OF THE VARIOUS HARDWARE AND SOFTWARE ENVIRONMENTS INTO WHICH Cloud Turtle MAY BE USED, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED. IN PARTICULAR, GENIE9.COM CORP SHALL HAVE NO LIABILITY FOR ANY DATA STORED OR PROCESSED WITH THIS SOFTWARE, INCLUDING THE COSTS OF RECOVERING SUCH DATA. THE USER MUST ASSUME THE ENTIRE RISK OF USING THIS PROGRAM. ANY LIABILITY OF GENIE9.COM CORP. WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Genie9 OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) REGARDLESS OF CAUSE OR FORM OF ACTION, INCLUDING CONTRACT, TORT OR NEGLIGENCE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF Genie9 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

Genie9'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS END USER LICENSE SHALL NOT EXCEED ONE DOLLAR (US $1.00).

USE OF THIS PRODUCT FOR ANY PERIOD OF TIME CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AND SUBJECTS YOU TO ITS CONTENTS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THIS LANGUAGE MAY NOT APPLY. IN SUCH CASE, GENIE9.COM INC'S LIABILITIES WILL BE LIMITED BY THE ABOVE LIMITATION OF REMEDIES PROVISION.

US GOVERNMENT RESTRICTED RIGHTS

Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subdivision (b)(3)(ii) of the Rights in Technical Data and Computer Software clause at 25 2.227-7013.
Copyright (c) 2011 Genie9, Inc. All rights reserved.