Filetrek 2.1

EULA - End User License Agreement

Subscription and License Agreement
The following Subscription and License Agreement (the ""Agreement"") governs Your use of the FileTrek Service (""You"") by FileTrek Inc. (""FileTrek"") as well as the Application, the FileTrek Materials and other FileTrek Technology. BY YOUR USE OF THE FILETREK SERVICE, OR BY DOWNLOADING, COPYING, USING OR INSTALLING THE APPLICATION, OR ACCESSING THE FILETREK MATERIALS OR OTHER FILETREK TECHNOLOGY, YOU ARE AGREEING TO BY BOUND BY THE TERMS OF THIS AGREEMENT. This Agreement, together with any other policies or guidelines posted on the FileTrek web site (the ""Site"") and any other written agreements between You and FileTrek (collectively, the ""Other Agreements""), shall govern Your use of the FileTrek Service, the Application, the FileTrek Materials and other FileTrek Technology. Please read this Agreement carefully before using the FileTrek Service, downloading, copying, using or installing the Application, or accessing the FileTrek Materials or other FileTrek Technology. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO USE THE FILETREK SERVICE OR DOWNLOAD, COPY, USE OR INSTALL THE APPLICATION OR ACCESS THE FILETREK MATERIALS OR OTHER FILETREK TECHNOLOGY. Should you have any questions concerning this Agreement, please contact support@filetrek.com. The FileTrek Service, the Application, the FileTrek Materials and other FileTrek Technology are available ONLY TO USERS 18 YEARS OF AGE OR OLDER. Key Terms used but not defined herein are defined in the FileTrek Key Terms Definition, incorporated herein by reference. Hyperlinks to the FileTrek Key Terms Definitions are provided on the first use of each Key Term herein.
1. PRIVACY
You understand and agree that by entering into this Agreement, You consent to the collection and use of certain information about You and Your use of the FileTrek Service in accordance with the FileTrek Privacy Policy. For more information, please read the full FileTrek Privacy Policy. You further understand and agree that any information collected by FileTrek may be transferred to the United States and/or other countries for storage, processing and use by FileTrek and/or its affiliates and contractors.
2. MODIFICATIONS TO THIS AGREEMENT AND FILETREK'S OFFERINGS
FileTrek reserves the right, in its sole discretion, to change, modify or otherwise alter this Agreement, the FileTrek Services, the Application, FileTrek Materials or other FileTrek Technology at any time.
You can find the most recent version of the Agreement on the Site, with the date of last modification noted above. Such modifications shall become effective once You become aware of them. You must check the date of the latest version of the Subscription Agreement whenever You visit the Site to determine if this Agreement has been updated. You are responsible for keeping Yourself apprised of any changes.
If You do not agree to the revised Subscription Agreement, or alterations to the FileTrek Services, the Application, FileTrek Materials or other FileTrek Technology, Your sole recourse is to immediately stop all use of the FileTrek Service, the Application, FileTrek Materials and other FileTrek Technology. Your continued use of the FileTrek Service, the Application, FileTrek Materials or other FileTrek Technology following You becoming aware of the revised Subscription Agreement or alterations to the FileTrek Services, the Application, FileTrek Materials, or other FileTrek Technology will constitute Your acceptance of the revised Subscription Agreement or altered FileTrek Services, the Application, FileTrek Materials, or other FileTrek Technology.
3. USE RIGHTS AND RESTRICTIONS; YOUR RESPONSIBILITIES
3.1 FileTrek Services, FileTrek Materials and Other FileTrek Technology Use Rights. Subject to the terms of this Agreement, FileTrek grants to You during the Subscription Term a non-transferable, non-exclusive license to access and use (i) the FileTrek Service through FileTrek's currently available interfaces, and (ii) the FileTrek Materials and other FileTrek Technology provided to You by FileTrek, in each case, solely for Your own non-commercial purposes or internal business operations.
3.2 The Application Use Rights. In connection with the FileTrek Services and subject to the terms of this Agreement, FileTrek grants to You a non-transferable, non-exclusive license, perpetual, revocable license to install and run the Application on a single computer for the limited purpose of facilitating the monitoring, collection, recording and transmission of Your Data and Metadata to the FileTrek Service. You are also permitted to make archival and backup copies of the Application, provided each such copy retains all confidentiality and copyright markings and notices included in the original. To facilitate the installation of the Application on permitted computers located on a network, You may install the Application on a network server. No other network use is permitted. Notwithstanding the foregoing, should FileTrek terminate this Agreement for Your breach, You agree to promptly return or destroy all copies of the Application in Your possession or control and, upon request from FileTrek, to have an officer certify in writing to such return or destruction.
3.3 Restrictions. The rights granted to You in this Agreement are subject to the following restrictions: (i) You shall not license, sell, rent, lease, transfer, assign, license, sublicense, distribute, host, outsource, disclose or otherwise commercially exploit or make the FileTrek Service, the Application, the FileTrek Materials or other FileTrek Technology available to any third party; (ii) You shall not modify, adapt, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the FileTrek Service, the Application, FileTrek Materials or other FileTrek Technology; (iii) You shall not access or use the FileTrek Service, the Application, FileTrek Materials or other FileTrek Technology (a) to develop any software or technology having the same primary function as the FileTrek Service, the Application or other FileTrek Technology, (b) in any development or test procedure that seeks to develop like software or other technology, or determine if such software or other technology performs in a similar manner as the FileTrek Service, the Application or other FileTrek Technology, or (c) otherwise build a similar or competitive product or service with the FileTrek Service, the Application or other FileTrek Technology; (iv) unless otherwise agreed to in writing by FileTrek, You may not use the FileTrek Service, the Application, FileTrek Materials or other FileTrek Technology in connection with any software product or any other software as a service not provided by FileTrek including use of the Application to populate databases in, or collect data for processing by, any software program or service not provided by FileTrek; (v) except as expressly stated herein, no part of the FileTrek Service, the Application, FileTrek Materials or other FileTrek Technology may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (vi) You shall not attempt to harm, disrupt or otherwise engage in activity that diminishes the Site, computer systems, networks or the FileTrek Service or interfere with anyone else's use of the Site, FileTrek Service, the Application, FileTrek Materials or other FileTrek Technology.
3.4 Acceptable Use. You will use the FileTrek Services in a manner consistent with the FileTrek Acceptable Use Policy. Your failure to comply with FileTrek's Acceptable Use Policy may result in the immediate suspension of Your access to FileTrek Service, termination of this Agreement, or both.
3.5 Internet Connectivity, Disclaimer. In addition to being required to download the Application, in order to use the FileTrek Service, You must have access to the Internet and provide all equipment necessary to make and maintain such connection to the FileTrek services over the Internet. You acknowledge that the Internet is known to be unpredictable in performance, unsecure and may, from time to time, impede access to the FileTrek Services or performance of the FileTrek Services. You agree that FileTrek is not in any way responsible for any interference with Your use of or access to the FileTrek Services or security breaches arising from or attributable to the Internet and You waive any and all claims against FileTrek in connection therewith.
3.6 Registration Data, Notices from FileTrek. In order to use the FileTrek Service, you will be required to register with FileTrek. You agree to: (i) provide true, accurate, current and complete information about Yourself as prompted by the registration form (such information being the ""Registration Data""); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Except as otherwise provided in this Agreement, You further agree that FileTrek may provide any and all notices, statements, and other communications to You through email to the e-mail address provided in the Registration Data or by making a post on the FileTrek Service.
3.7 Passwords, Access. You will maintain a unique, and be responsible for the confidentiality and use of Your, user name and password. FileTrek will act as though any communications it receives under Your passwords and user names have been sent by You. You agree to immediately notify FileTrek if You become aware of any loss or theft or unauthorized use of any of Your passwords and user names. You agree not to access the FileTrek Service by any means other than through the interfaces that are then provided by FileTrek.
3.8 Automatic Monitoring, Collection, Recording and Transmission of Data and Updates. You understand that the technical processing and transmission of Your Data and Metadata (including possible transmission of Your Data and Metadata outside its country of origin) is necessary to Your use of the FileTrek Service. You consent to FileTrek's interception and storage of Your Data and Metadata as well as the automatic monitoring, collection, recording and transmission of Metadata by the Application. You understand that You or FileTrek may be transmitting Your Data or Metadata over the Internet, and over various networks, only part of which may be owned and/or operated by FileTrek. You agree that FileTrek is not responsible for any portions of Your Data or Metadata that are lost, altered, intercepted or stored without authorization during the transmission of Your Data or Metadata across the Internet or other networks not owned and/or operated by FileTrek. The Application includes an automated software updating service which may, from time to time, automatically install updates, enhancements and other software on your computers or systems.
3.9 Storage And Collection of Metadata. You acknowledge and agree that the Application will automatically monitor, record, collect and transmit Metadata to FileTrek and the FileTrek Services, including after expiry of the Subscription Term, unless You uninstall or otherwise render the Application inoperable on the computer on which it has been installed. You further acknowledge that you grant FileTrek the license rights set out in Section 6.2 below in respect of the use of Your Data and Metadata. Such Metadata may be stored and maintained by FileTrek (including in the FileTrek Service) both during and after expiration or termination of this Agreement indefinitely. You will be provided with an option (accessible through Your use of the Application on Your device in which the Application has been installed) to render the Application inoperable. YOU UNDERSTAND AND AGREE THAT IN ORDER TO STOP THE MONITORING, RECORDING, COLLECTION AND TRANSMISSION OF THE METADATA, YOU MUST UNINSTALL THE APPLICATION OR OTHERWISE RENDER IT INOPERABLE. YOU FURTHER UNDERSTAND AND AGREE THAT THE APPLICATION MAY NOT BE RENDERED INOPERABLE THROUGH YOUR ONLINE USER ACCOUNT, ONLY THROUGH THE APPLICATION INTERFACE.
4. SUPPORT
During the Subscription Term, You will be entitled to Support as offered by FileTrek from time to time. After termination of this Agreement, You shall no longer be entitled to Support.
Your entitlement to Support may be conditional on You, upon request by FileTrek, granting FileTrek remote access to Your applicable computers and systems. Such remote access may be facilitated through a third party provider, in which case, you may be required to download, install and use a third party product for facilitating such remote access in order to receive Support from FileTrek and agree to the terms and conditions of the third party provider in respect of such product. You represent and warrant that you have the right to provide FileTrek remote access to any computers or systems to which you grant FileTrek access in connection with Support. You shall hold harmless and indemnify FileTrek for any costs and or damages resulting to FileTrek from the inaccuracy of this representation and warranty.
FileTrek reserves the right to release modified versions of the Application and to require You to use the most recent version, including without limitation releasing modified versions of the Application through an automated software updating service.
5. SUBSCRIPTION FEES; PAYMENT
5.1 Fees. The fees for the FileTrek Service are available at http://www.FileTrek.com/pricing and are payable in advance for the period selected (monthly, yearly or otherwise), irrevocable and non-refundable except as set forth in Section 5.2 below. FileTrek reserves the right to change the fees and to institute new charges at any time, upon thirty (30) days prior notice to You (which may be sent by email to the address You provided in Your Registration Data or by making a post on the FileTrek Service). Late payments shall be subject to a service charge of one and a half percent (1.5 %) per month compounded monthly (19.562% annually), or the maximum charge permitted by law, whichever is less.
5.2 Automatic Credit Card or PayPal Payments. You agree to provide FileTrek with reasonably request credit card information or information about a PayPal account in each case, which You are authorized to use. You agree that, during the Term, FileTrek may charge the applicable credit card or PayPal account applicable fees in connection with the FileTrek Services.
5.3 Refunds. When You cancel Your account, You will not be issued a refund for Your most recent (or any previous) billing. The single exception to this is annual subscribers. Annual subscribers who wish to cancel and request a refund may do so within 30 days of the day on which they were charged for their account; in these cases, only a partial refund equivalent to 80% of the pro-rata portion of the unused annual fee will be returned. Other requests for refunds may be processed at the sole discretion of FileTrek. All cancellations are processed automatically. To cancel, please click the link that says ""Click here to cancel your account"" and follow the instructions. Cancellation requests sent via email to FileTrek will not be processed and will be replied to with an automatic response. You must use the appropriate FileTrek form to process Your cancellation.
5.4 Non-Payment. FileTrek reserves the right to suspend Your access and/or use of the FileTrek Service for which any payment is overdue. You agree that FileTrek shall not be liable to You nor to any third party for any suspension of the FileTrek Service resulting from Your non-payment of fees. Upon payment in full of all amounts overdue (including any interest owed), You may request the reactivation of Your account. FileTrek shall promptly reactivate Your account, provided that (i) FileTrek has not already terminated this Agreement pursuant to Section 8; and (ii) You have paid FileTrek in advance all applicable reactivation fees. FileTrek will not terminate an Agreement for non-payment until thirty (30) days after having suspending access and/or use of the FileTrek Service.
6. INTELLECTUAL PROPERTY RIGHTS; YOUR DATA; CONFIDENTIALITY
6.1 Intellectual Property Rights. You acknowledge and agree that FileTrek and its licensors own all right, title and interest to the FileTrek Service, the Application, the FileTrek Materials, other FileTrek Technology, and any enhancements, adaptations and derivative works prepared thereform as well as any and all intellectual property rights (including, trade secrets, copyrights, and patents) in the foregoing. This Agreement does not convey or transfer any ownership rights in the FileTrek Service, the Application, the FileTrek Materials or other FileTrek Technology. If you provide any suggestions, enhancement requests, modifications, ideas, recommendations or other feedback to FileTrek, You acknowledge that FileTrek will have the right, without charge, to use, share and commercialize Your feedback in any way and for any purpose.
6.2 Your Data and Metadata. In the course of using the FileTrek Service, You may submit (or the Application may automatically submit on your behalf) to FileTrek or the FileTrek Service may otherwise collect Your Data and Metadata. As between You and FileTrek, You shall remain the sole owner of Your Data and Metadata. You hereby grant to FileTrek the perpetual, irrevocable, worldwide, royalty-free, fully-paid up, non-exclusive, sublicensable right to access, use, copy, modify, make derivative works of, delete, distribute, transfer, transmit, publish and display Your Data and Metadata (i) in connection with FileTrek 's operation of the FileTrek Service, including disclosing Metadata to third parties in the course of providing the FileTrek Service and (ii) without limitation but provided that Your Data and the Metadata are aggregated with other data and no longer contain any Personal Information, in any manner FileTrek determines appropriate provided that Your Data and the Metadata are aggregated with other data and no longer contain any Personal Information. You, not FileTrek, shall have responsibility for the accuracy, integrity, and reliability of Your Data and Metadata, and FileTrek shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any of Your Data or Metadata. FileTrek will protect any of Your Data provided to FileTrek by You in the course of using the FileTrek Service as confidential in accordance with Section 6.3 below. YOU ACKNOWLEDGE AND AGREE THAT METADATA IS NOT PROTECTED AS CONFIDENTIAL INFORMATION UNDER SECTION 6.3 BELOW AND THAT FILETREK MAY DISCLOSE METADATA TO THIRD PARTIES IN THE COURSE OF FILETREK'S OPERATION OF THE FILETREK SERVICE.