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Cloud.Compare trial account terms
THIS PAGE CONTAINS THE TERMS AND CONDITIONS OF USE OF “CLOUD.COMPARE” TO BE ACCEPTED BEFORE USE OF “CLOUD.COMPARE”. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. YOU SHOULD UNDERSTAND THAT BY ACCESSING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND CLOUD.COMPARE. (“CLOUD COMPARE BV“). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, ABANDON THE REGISTRATION PROCESS AND DO NOT USE “CLOUD.COMPARE”.
1. TERMS AND CONDITIONS
1.1 Your use of the Cloud.Compare is governed by these terms and conditions (“Terms and Conditions”) which you should read carefully before installing Cloud.Compare. These Terms and Conditions represent a binding contract between Cloud Compare BV and you. If you do not agree with these Terms and Conditions, please do not install or use Cloud.Compare.
1.2 Cloud Compare BV may update or amend these Terms and Conditions at any time.
1.3 These Terms and Conditions apply to you regardless of how you have accessed the Cloud.Compare and regardless of the territory in which you live or conduct business.
2. CLOUD.COMPARE; LIMITED WARRANTY AND LIABILITY
2.1 Although utilizable by experienced users, Cloud.Compare is still being developed, tested and evaluated. Cloud.Compare has not been released for sale, distribution or any use by the general public.
2.2 CLOUD.COMPARE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. USE OF CLOUD.COMPARE IS ENTIRELY AT YOUR OWN RISK AND MAY VOID WARRANTY ON YOUR PRODUCT. SHOULD CLOUD.COMPARE PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY MAINTENANCE, SERVICING OR REPAIR. IT IS THEREFORE YOUR RESPONSIBILITY TO TAKE ADEQUATE PRECAUTION AGAINST POSSIBLE DAMAGES RESULTING FROM THE USE OF CLOUD.COMPARE. CLOUD.COMPARE SHOULD UNDER NO CIRCUMSTANCES BE USED ON SENSITIVE AND/OR VALUABLE DATA. IF YOU ARE IN ANY DOUBT, PLEASE DO NOT USE CLOUD.COMPARE.
2.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLOUD COMPARE BV WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE CLOUD.COMPARE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF CLOUD.COMPARE TO OPERATE WITH ANY OTHER PROGRAMS). IN NO EVENT SHALL CLOUD COMPARE BV’ LIABILITY EXCEED THE PRICE YOU PAID FOR CLOUD.COMPARE, IF APPLICABLE.
2.4 WE EXPRESSLY REPRESENT THAT CLOUD.COMPARE IS NOT A FINAL PRODUCT AND, AS SUCH, MAY CONTAIN VARIOUS ERRORS, DEFECTS AND IT MAY BE UNSTABLE.
3. NO TECHNICAL SUPPORT
Cloud Compare BV will not provide any technical support, maintenance or any other services for Cloud.Compare.
4. NO UPDATES
You will give Cloud Compare BV feedback about Cloud.Compare consisting of, without limitation, your suggestions, comments or any other feedback, whether it is required or provided on a voluntary basis (“Feedback”). If you provide Cloud Compare BV with any Feedback, as part of the testing and evaluation of Cloud.Compare, you agree that: (a) Cloud Compare BV may freely use, disclose, reproduce, license, distribute and otherwise commercialize the Feedback in any Cloud Compare BV product, specification or other documentation; and (b) you will not give Cloud Compare BV any Feedback (i) that you have reason to believe is subject to any patent, copyright, or other intellectual property claim or right of any third party; or (ii) that is subject to license terms that seek to require any Cloud Compare BV product incorporating or derived from any Feedback, or other Cloud Compare BV intellectual property, to be licensed to or otherwise shared with any third party.
6.1 Cloud.Compare, the Feedback, any product-related information and any other proprietary technology or know-how provided to you in whatever form by Cloud Compare BV in connection with testing and evaluation of Cloud.Compare is confidential (“Confidential Information”).
6.2 You will keep, and ensure that any and all persons, firms, companies or organisations associated with you keep, all Confidential Information confidential and not disclose it to any person, unless permitted under this clause. This confidentiality obligation does not apply to the disclosure of Confidential Information which: (a) is or comes into public domain, except through breach of the confidentiality obligation under this clause; (b) comes lawfully into your possession from a third party who is not bound by a confidentiality obligation relating to such Confidential Information; (c) is required to be disclosed by any court of competent jurisdiction or any competent judicial, governmental, supervisory or regulatory body, or any law, provided that you will promptly notify Cloud Compare BV in writing, or (d) is disclosed by you with Cloud Compare BV’ prior written consent.
The governing language of these Terms and Conditions is English. Although Cloud Compare BV may provide one or more translations for your convenience, the English version shall prevail in the event of any conflict or discrepancy between the English and any other language version of these Terms and Conditions.
8. GOVERNING LAW
These Terms and Conditions will be governed by the laws of the Netherlands.
9. DISPUTE RESOLUTION
All disputes arising out of or in connection with these Terms and Conditions will be submitted only to the competent court in the district of The Hague, unless the Parties agree on an alternative means of settlement at the time a dispute arises.
10. ENTIRE AGREEMENT
These Terms and Conditions (together with the documents to which they refer) contain the whole agreement between you and Cloud Compare BV relating to the use of Cloud.Compare and supersede all previous agreements between you and Cloud Compare BV relating to it.