Syntela Evaluation Agreement
This Syntela Evaluation Agreement (“Agreement”) is an agreement between you and Syntela, Inc. (“Company”) for the evaluation of Syntela Software and Services, including computer software and electronic documentation ("Software") and Hosting Services ("Services"), including email, Web, ftp, database, and other services provided by Company and its suppliers and associated networks, for the sole purpose of hosting Syntela meetings. By downloading, installing, copying, or otherwise using the Software or by downloading, uploading or otherwise using or accessing the Services, you agree to be bound by the terms of the Agreement. If you do not agree to the terms of the Agreement, promptly destroy all copies of the Software, including any updates, in your possession and do not use or access the Services.
1. Terms and Conditions
a. You acknowledge that Company is providing the Software and the Services to you free of charge for a limited time only and may terminate the Agreement or your account, with or without cause, at any time. You further acknowledge that you may need to pay a fee in the future to continue to use the Software and the Services.
b. The Software and Services provided to you may only be used for lawful purposes. Transmission or storage of any information, data or material in violation of any US Federal or State regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trade secret, or any other statute, threatening material, or obscene material. You agree to indemnify and hold harmless Company and its suppliers any claims resulting from your use of the Software and Services which damages either you or another party or parties.
c. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Software and Services, unless you have obtained a written permission from Company.
d. You agree that Company is not responsible for the confidentiality of any data that you upload to or store with the Services.
e. You agree that Company is not responsible for any loss of computer data that you upload to or store with the Services.
f. You agree that Company is not responsible for any downtime or failure of the Software or the Services.
g. You agree not to exceed the bandwidth and the storage quota allocated to your account under the Services. Company reserves the right to revise the quota and may terminate your account if you do not comply with the quota requirement.
a. Company may terminate the Agreement entirely or your account at any time by providing a notice on its corporate website, by informing you via e-mail, or by discontinuing your access to the Software or the Services.
b. You may terminate the Agreement at any time by destroying all copies of the Software in your possession and ceasing to use or access the Services.
c. Company reserves the right to assign or transfer the Agreement, to an affiliate or a third-party. In the event Company does so, it will place a notice of the transfer on its corporate website.
3. Prohibited Use
a. NON-MEETING HOSTING. You are prohibited from using the Services to host any websites, contents, programs, or documents not uploaded with the Software or related to Syntela meetings.
b. ELECTRONIC MAIL. You are prohibited from using the Services to transmit unsolicited e-mail messages to any person who does not wish to receive it. This includes bulk unsolicited commercial e-mail (also know as "spam" or "junk e-mail").
c. DENIAL of SERVICE. You are prohibited from engaging in any activity with intent to disrupt the service of another Internet user, computer or network.
d. SYSTEM and NETWORK SECURITY. You may not attempt to circumvent user authentication or security of any computer system or network using the Software or Services. This includes, but is not limited to, accessing data not intended for you, logging into a server or account to which you have not been given expressly authorized access, or probing the security of other computer systems or networks. Such activity includes, but is not limited to material protected by copyright, trademark, trade secret, or any other statute.
e. PENALTIES for VIOLATION. Company reserves the right to immediately terminate the service of any user found to be in the violation of this Agreement. Users who violate systems or network security may incur criminal or civil liability. Company will cooperate fully with investigations of violations of system or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
4. Disclaimer of Warranty
a. NO WARRANTIES. THE SOFTWARE AND THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SYNTELA, INC. DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY AGAINST INFRINGEMENT, WITH REGARD TO THE SOFTWARE AND THE SERVICES.
b. NO LIABILITY FOR DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SYNTELA, INC. BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR THE SERVICES, EVEN IF SYNTELA, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.