ENGLISH

Acceptance of the End User License Agreement for Liferay Sync is required prior to download. If you do not understand or cannot read the terms and conditions of the End User License Agreement for Liferay Sync, do not click "Accept", download or use the Software. Please scroll through the entire agreement before clicking "Accept" at the bottom.

SPANISH

Se requiere con anterioridad a la descarga, la Aceptación del Acuerdo de Licencia del Usuario final para el Liferay Sync. Si no entiende o no puede leer los términos y condiciones del Acuerdo de Licencia del Usuario final para el Liferay Sync, no pinche en la pestaña "Aceptar", descargue o use el Software. Por favor, desplácese por el contenido completo del Acuerdo antes de pinchar sobre la pestaña "Aceptar" abajo.

GERMAN

Vor dem Download müssen Sie Ihr Einverständnis mit der End User License Vereinbarung für das Liferay Sync erklären. Falls Sie den Inhalt oder die Bedingungen der End User License Vereinbarung für das Liferay Sync nicht lesen bzw. verstehen können, so klicken Sie bitte nicht den "Accept"-Button und downloaden und benutzen Sie nicht unsere Software. Bitte lesen Sie die End User License Vereinbarung sorgfältig und vollständig durch bevor Sie am Ende den "Accept"-Button klicken.

FRENCH

Votre accord avec le End User License Agreement pour le Liferay Sync est nécessaire avant le téléchargement. Si vous n'etes pas capable de lire ou comprendre le contenu ou les conditions du End User License Agreement pour le Liferay Sync, ne pressez pas le bouton "Accept", ne téléchargez pas et n'utilisez pas notre logiciel. Merci d'utiliser la barre de défilement pour lire complètement et soigneusement le End User License Agreement avant de presser le bouton "Accept".

PORTUGUESE

É necessário aceitar os Termos de Uso e Licenciamento do Liferay Sync antes de realizar o download. Se você não entende ou não leu os Termos de Uso e Licenciamento do Liferay Sync, não clique em "Aceito" e não baixe nem utilize o software. Por favor, leia o acordo por inteiro antes de clicar no botão "Aceito".

END USER LICENSE AGREEMENT FOR LIFERAY SYNC

PLEASE READ THIS END USER LICENSE AGREEMENT FOR LIFERAY SYNC ("AGREEMENT") CAREFULLY BEFORE USING LIFERAY SYNC. BY CLICKING "ACCEPT" AND/OR ACCESSING, COPYING, DOWNLOADING, INSTALLING OR OTHERWISE USING LIFERAY SYNC, YOU (END USER, AS DEFINED BELOW) ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT ACCESS, COPY, DOWNLOAD, INSTALL OR OTHERWISE USE LIFERAY SYNC AND ITS ASSOCIATED DOCUMENTATION IN ANY WAY.

This Agreement is between LIFERAY, INC. and its Affiliates ("Liferay") and the company or organization for which you are accepting on behalf of ("End User"). An individual acting on behalf of End User hereby represents and warrants that he or she has the right and authority to enter into this Agreement on behalf of that End User.

1. Definitions.

"Affiliates" means any entity controlling, controlled by or under common control with a party. The terms "controlled", "controlling" and "control" refer to ownership of at least fifty percent (50%) of the shares or voting rights in an entity and/or the right to appoint the management of an entity.

"APIs" means the public and documented Application Program Interface(s) contained in the Software.

"Liferay Products" means products created by Liferay based on Liferay Projects, which include, but are not limited to, Liferay Portal Enterprise Edition and Liferay Social Office Enterprise Edition.

"Liferay Projects" means open source projects managed by Liferay including, but not limited to, Liferay Portal, Liferay Social Office, and Liferay Alloy UI.

"Documentation" means any user manuals and supporting documentation provided in conjunction with the Software under this Agreement.

"Software" means Liferay Sync (in either source code and object code form), sample code, tools, libraries, APIs, data, files, and materials provided or made available by Liferay relating to Liferay Sync, including any Updates (as defined in Section 6).

2. License Grant.

The Software is being licensed, not sold, and may only be used with Liferay Products. Liferay is granting End User or authorized End Users, subject to the terms and conditions contained within this Agreement, a revocable, non-exclusive, non-assignable, non-sublicensable and non-transferable license to:

(a) install and use the Software on any workstation;

(b) use the Documentation for the sole purpose of using the Software.

3. End User Restrictions.

End User may not:

(a) to a third party, transfer rights or usage to, sublicense, rent, lease, lend or otherwise distribute the Software or Documentation, or any portions thereof, except with Liferay's prior written consent;

(b) create derivative works of the Software or Documentation;

(c) decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software, any updates, or any part thereof (except as permitted by applicable law or to the extent as may be permitted by the licensing terms governing use of any open source components included with the Software);

(d) remove or alter any intellectual property notices or legends on the Software and Documentation;

(e) work around any technical limitations in the Software;

(f) make copies of the Software without Liferay's prior written consent;

(g) publish the Software for others to copy;
use the Software for any commercial use, including but not limited to selling or distributing the Software to any third party.

4. End User Data.

End User shall be solely responsible for its conduct and data (the "Data"). End User agrees to indemnify, defend, and hold harmless Liferay and its suppliers from any and all loss, cost, liability, and expense arising from or related to the Data or violation of these terms.

5. Ownership.

Title, copyrights, intellectual property rights, international treaty and other rights as applicable, and all other legal rights in the Software and Documentation and all modifications, enhancements, derivatives and other alterations of the Software and Documentation regardless of who made any modifications, if any, are, and shall remain the sole and exclusive property of Liferay or its suppliers. The license for use granted herein is limited to the Software and Documentation and does not transfer any ownership rights from Liferay to End User or any other intellectual property rights.

6. Updates

From time to time and at Liferay's sole option, Liferay may extend, enhance or otherwise modify the Software at any time without notice ("Updates"). Liferay is not obligated to provide End User with any Updates or notice of Updates. End User acknowledges that Liferay has no express or implied obligation to announce or make available any Updates in the future.

7. Support and/or Maintenance.

Liferay is not obligated, express or implied, to provide any maintenance, technical or other support for the Software. Notwithstanding, Liferay may provide support and/or maintenance for the Software with a valid and current subscription to Liferay Portal Enterprise Edition.

8. End User Representation and Warranties.

End User hereby represents and warrants that End User has the right and authority to enter into this Agreement on End User's behalf, or if applicable, on behalf of a company or organization. End User shall only use the Software in the manner expressly provided for under this Agreement and in accordance with all applicable laws and regulations.

9. No Warranty.

END USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SOFTWARE IS AT END USER'S SOLE RISK AND DISCRETION AND THAT THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORTS IS WITH END USER. END USER SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, END USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR USE OF THE SOFTWARE. THE SOFTWARE AS PROVIDED BY LIFERAY IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, CONDITION OF TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. END USER FURTHER ACKNOWLEDGES THERE IS NO GUARANTEE THAT THE USE OF THE SOFTWARE WILL NOT BE INTERRUPTED OR ERROR FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LIFERAY SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, END USER ASSUMES ALL COSTS FOR ANY NECESSARY SERVICING, REPAIR OR CORRECTION.

10. Limitation of Liability.

IN NO EVENT WILL END USER HAVE ANY CLAIM OR RIGHT TO ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT OR SOFTWARE, INCLUDING BUT NOT LIMITED TO RELIANCE, COVER, OR LOSS OF ANTICIPATED PROFITS, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL END USER HAVE ANY CLAIM OR RIGHT TO ANY DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT OR THE SOFTWARE OR AFFILIATED DOCUMENTATION UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, RELIANCE, BREACH OF ANY IMPLIED DUTY, OR OTHERWISE. THE AGGREGATE LIABILITY FOR ALL DIRECT CLAIMS RELATING TO THE SOFTWARE AND DOCUMENTATION SHALL BE TWENTY DOLLARS ($20).

The provisions of this article allocate the risks under this Agreement between Liferay and End User and are an intrinsic part of the bargain between the parties.

11. Termination.

Liferay reserves the right to modify, suspend or discontinue providing the Software at any time, with or without cause, and with or without notice. For purposes of clarity, End User's rights will immediately and automatically terminate with or without notice from Liferay upon any failure to comply with any of the terms outlined under this Agreement and Liferay reserves the right to refuse or discontinue participation to any End User at any time at its sole discretion. In no event will Liferay be liable to End User or to any third party for any modification, suspension or discontinuance of the Software.

End User may also choose to terminate this Agreement at any time with notice to Liferay. Upon the termination of this Agreement, End User agrees to delete the Software from its computers and archives.

12. DMCA Policy.

Liferay respects the intellectual property rights of others. Therefore, it is Liferay's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to (i) block access to material that is deemed, in good faith, to be infringing on another's intellectual property rights; and (ii) terminate the accounts of users who violate others' intellectual property rights. If you believe that your, or another user's, intellectual property has been copied such that it constitutes infringement, please provide Liferay with the information requested in Liferay's Copyright Policy: http://www.liferay.com/legal/copyright.

13. Source Code.

Any source code, in accordance with a supplier's license terms, shall be made available from the same location on Liferay's website as the Software.

14. General.

14.1. Third Party Software.

The Software may contain and/or use third party software and other copyrighted material ("Third Party Software"). Liferay shall have no responsibility and claims no right with respect to any Third Party Software. End User's use of such Third Party Software and other copyrighted material is governed by their respective terms and conditions. By using the Software, End User agrees to the restrictions contained in such terms and conditions. In the event the terms contained in this Agreement contradict or differ from the terms of any Third Party Software, End User acknowledges that the terms of the Third Party Software shall apply. Notwithstanding, Liferay's liability with regards to the Software and to End User shall be restricted to only those terms and conditions contained within this Agreement.

14.2. Modification of this Agreement.

Liferay reserves the right at any time to modify this Agreement in its sole and exclusive discretion, without liability to End User. End User agrees to be bound to this Agreement, as modified. If End User does not agree to the modified Agreement, End User shall not be permitted to use the Software and must terminate use of and delete the Software and Documentation immediately. The most recent version of this Agreement will be available on the Liferay website.

14.3. Assignment.

End User may not assign, transfer or otherwise dispose of any of its rights or obligations under this Agreement without Liferay's prior written consent. Any assignment in violation of this article is void.

14.4. Relationship of the Parties.

14.5. Independent Development.

Nothing in this Agreement shall prohibit or impair Liferay's right to develop, acquire, license, market, promote, or distribute products or technologies that perform the same or similar functions as, or otherwise compete with, End User's products or technologies that End User may produce, develop, market or distribute.

14.6. Severability.

If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable in whole or in part by any court of competent jurisdiction or other competent authority, this Agreement will continue to be valid and enforceable as to the other provision and/or the remainder of the affected provision. The affected provision will be deemed amended to the minimum extent necessary to render it valid and enforceable in conformity with applicable law and parties' intent as expressed in this Agreement.

14.7. Survival.

The terms of Sections 2, 3, 4, 5, 8, 9, 10, 11 and 14 of this Agreement, and any other provision which is expressed to survive or operate in the event of termination, shall survive termination of this Agreement.

14.8. Waiver.

The failure of any party to enforce any of the provisions hereof shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions. This Agreement may not be waived, except in writing by the party granting the waiver.

14.9. Export Control.

End User may not use, export, re-export, import, sell or transfer the Software except as authorized by United States law and any other applicable laws and regulations. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Software, End User represents and warrants that End User is not located in any such country or on any such list.

14.10. Dispute Resolution.

This Agreement and all matters arising out of or relating to this Agreement, shall be governed by the substantive laws of the State of California. Any legal action or proceeding relating to this Agreement shall be instituted in a state or federal court in Los Angeles County, California. End User and Liferay agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

14.11. Entire Agreement.

This Agreement constitutes the entire agreement between the parties with respect to the use of the Software licensed hereunder and supersedes all prior understandings regarding such subject matter. This Agreement may be modified only: (a) by a written amendment signed by both parties, or (b) to the extent expressly permitted by this Agreement. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern.