AOcell vSync for FreeBSD 1.1.2

Thank you for trying out the Software! By using this software, including

any third party software made available in conjunction with this software,

("The Software"), you agree to accept a license under and be bound by the

following terms and conditions of this agreement (the "Agreement") with

AOcell Software (collectively referred to herein as "AOcell Software"):

Thank you for trying out the Software! By using this software, including

any third party software made available in conjunction with this software,

("The Software"), you agree to accept a license under and be bound by the

following terms and conditions of this agreement (the "Agreement") with

AOcell Software (collectively referred to herein as "AOcell Software"):

Scope of License

This is not free software. Subject to the terms below, you are hereby

licensed by AOcell Software to use for evaluation purposes only one (1)

copy of the Software, on one (1) computer or workstation, without charge,

for a period of 30 days after you first install the Software on any

computer or workstation, during which period both all the features of the

Software will be accessible. If you want to use this software after the

30-day evaluation period, you must acquire from AOcell Software for a fee

a single-user license or multi-user license for the Software. Refer to

http://www.aocell.com for information about license pricing, multi-user

licensing, and ordering options. Use of the Software after the expiration

of the 30-day evaluation period without acquiring such a license from

AOcell Software is outside the scope of this License and a violation of

Hong Kong SAR and international copyright laws.

Subject to all of the terms of this License, you may, without making any

payment to AOcell Software:

1. give exact copies of the Software personally and without charge of any

kind to anyone for evaluation purposes only, subject to the terms of this

License, using tangible media of any kind or via e-mail (but not in a bulk

mailing or through unsolicited bulk e-mails);

2. distribute exact copies of the Software for evaluation purposes only,

subject to the terms of this License, if done exclusively by allowing

downloads through the public Internet and without charge of any kind; and

3. make as many exact copies of the Software as you wish, for purposes of

distribution as described in (a) and (b) above.

For purposes of the foregoing, an "exact copy" of the Software means a

file that is identical, at the time you create the copy, to the

distribution file of the Software available at http://www.aocell.com.

You are specifically prohibited from charging, or requesting donations,

for any distributed copies, however made, or from distributing such copies

with other products of any kind, commercial or otherwise, without prior

written permission from AOcell Software. Also, you are specifically

prohibited from charging, or requesting donations, for providing access to

any hyperlink or other method that allows a user to create or transfer

electronically copies of the Software.

AOcell Software reserves the right to revoke any or all distribution

rights at any time, for any or no reason.

For each copy of the Software authorized under this license, you may make

one backup copy, provided your backup copy is not installed or used

concurrently on different computers. You must reproduce on any such copy

all copyright notices and any other proprietary legends on the original

copy of the Software. AOcell Software is not obligated to provide

maintenance, support, or updates to you for the Software.

If you have comments on the Software or ideas on how to improve it, please

contact us at mailto:support@aocell.com. Please note that by doing so, you

also grant to AOcell Software and third parties permission to use and

incorporate your ideas or comments into the Software (or third party

software) without further compensation.

Proper Use

You agree that you will use the Software in compliance with all applicable

local, state, national, and international laws, rules and regulations,

including any laws regarding the transmission of technical data exported

from your country of residence. You shall not agree to, and shall not

authorize or encourage any third party to: (i) use the Software to upload,

transmit or otherwise distribute any content that is unlawful, defamatory,

harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise

objectionable; (ii) upload, transmit or otherwise distribute content that

infringes upon another party's intellectual property rights or other

proprietary, contractual or fiduciary rights or obligations; (iii) use the

Software for any fraudulent or inappropriate purpose; or (iv) act in any

way that violates this Agreement, as may be revised from time to time.

Violation of any of the foregoing may result in immediate termination of

this license, and may subject you to state, national and/or international

penalties and other legal consequences.

Automatic Updates

The Software may communicate with AOcell Software's servers to check for

available updates to the Software, such as bug fixes, patches, enhanced

functions, missing plug-ins and new versions (collectively, "Updates").

During this process, the Software creates a randomly generated number for

updating the software, which is not associated with any personally

identifying information. The Software sends AOcell Software a request for

the latest Software version information. If a newer version is available,

the Software will give you the option of downloading it. The Software asks

for permission before downloading an updated version. If you wish to

disable the automated check for updates, please see the FAQ [

http://www.aocell.com/link/faq.php ] for details. By installing the

Software and not disabling the automated check for Updates, you hereby

agree to automatically request and receive Updates from AOcell Software's

servers.

Intellectual Property

You acknowledge that AOcell Software, its subsidiaries and affiliates,

and/or third parties own all right, title and interest in and to the

Software, portions thereof, and any software or other materials (not

including user photos or message text) provided through or in conjunction

with the Software, including without limitation all intellectual property

rights. You agree not to modify, adapt, translate, prepare derivative

works from, decompile, reverse engineer, disassemble or otherwise attempt

to derive source code from the Software. You also agree to not remove,

obscure, or alter AOcell Software's or any third party's copyright notice,

trademarks, or other proprietary rights notices affixed to or contained

within or accessed in conjunction with or through the Software.

Disclaimer of Warranties

To the fullest extent permitted by applicable law, AOcell Software and its

licensors and suppliers disclaim any responsibility for any harm resulting

from your use of the Software and/or any third party software accessed in

conjunction with or through the Software.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ANY

THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE

SOFTWARE ARE PROVIDED "AS IS," WITH NO WARRANTIES. TO THE FULLEST EXTENT

PERMITTED BY APPLICABLE LAW, AOCELL SOFTWARE AND ITS LICENSORS AND

SUPPLIERS EXPRESSLY DISCLAIM (A) ALL EXPRESS, IMPLIED, AND STATUTORY

WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF

PROPRIETARY RIGHTS; AND (B) ANY WARRANTIES REGARDING THE SECURITY,

RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SOFTWARE AND SUCH THIRD

PARTY SOFTWARE.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE SOFTWARE AND ALL

THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE

SOFTWARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY

RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT

RESULTS FROM THE DOWNLOAD OR USE OF THE SOFTWARE AND SUCH THIRD PARTY

SOFTWARE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF

IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY

ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO

JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL AOCELL SOFTWARE, ITS SUBSIDIARIES AND

AFFILIATES OR ITS LICENSORS AND SUPPLIERS BE LIABLE TO ANY USER ON ACCOUNT

OF THAT USER'S USE OR MISUSE OF THE SOFTWARE. SUCH LIMITATION OF LIABILITY

SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL,

CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM

IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE.

SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM

USE OR MISUSE OF AND RELIANCE ON THE SOFTWARE, FROM INABILITY TO USE THE

SOFTWARE OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE

SOFTWARE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH

LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF

ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES

OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF

LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE

LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Further Limitation of Liability

It is your responsibility to ensure that you obtain all consents,

authorizations and clearances in any data or photographs owned or

controlled by third parties that you transmit, access or communicate to

others using the Software. AOcell Software will not be liable in any way

(a) for any errors or omissions in any photographs or data, or for any

loss or damage of any kind incurred as a result of any data transmitted

via the Software; (b) if you are exposed to photographs or data that are

offensive, indecent or objectionable; or (c) for any violations of

copyright or other proprietary rights as a result of your use of the

Software.

Indemnification

It is your responsibility to ascertain whether any copyright or other

licenses for use of content are necessary and to obtain any such licenses.

You agree to copy, distribute, display, and modify only those materials

which you have the necessary permission to use. You agree to hold harmless

and indemnify AOcell Software and its subsidiaries, affiliates, and their

respective officers, agents, and employees from and against any third

party claim arising from or in any way related to your use of the

Software, including any liability or expense arising from all claims,

losses, damages (actual and consequential), suits, judgments, litigation

costs and attorneys' fees, of every kind and nature. In such a case,

AOcell Software will provide you with written notice of such claim, suit

or action.

Data Practices and Privacy Policy

If you send a request to AOcell Software's servers, we record standard log

information, including Internet Protocol addresses and information related

to your request. We will ask before collecting personally identifying

information from you and give you an opportunity to opt out. For a full

description of how AOcell Software handles personal information, please

see the AOcell Software Privacy Policy [

http://www.aocell.com/link/privacypolicy.php ] and the related FAQs [

http://www.aocell.com/link/faq.php ].

Accessing Other Sites and Servers from AOcell Software

If you access web sites or servers from the AOcell Software website or the

Software, your computer will send standard log information, including your

IP address. The site you visit may log this information. If you use the

AOcell Software website or the Software to link to a merchant site that

requires a log-in, you can opt to have the Software and/or AOcell Software

save an encrypted copy of your log-in information on your computer.

Miscellaneous Provisions

This Agreement will be governed by the laws of the Hong Kong SAR and you

agree to submit to the non-exclusive jurisdiction of the Courts of the

Hong Kong SAR in relation to any dispute arising out of your use. This

Agreement will not be governed by the United Nations Convention on

Contracts for the International Sale of Goods, the application of which is

expressly excluded. If for any reason a court of competent jurisdiction

finds any provision or portion of this Agreement to be unenforceable, the

remainder of this Agreement will continue in full force and effect.

This Agreement constitutes the entire agreement between the parties with

respect to the subject matter hereof and supersedes and replaces all prior

or contemporaneous understandings or agreements, written or oral,

regarding such subject matter. Any waiver of any provision of this

Agreement will be effective only if in writing and signed by AOcell

Software.

Termination

IF YOU WISH TO TERMINATE THIS AGREEMENT, YOU MAY SIMPLY CEASE USING THE

SOFTWARE AND FOLLOW THE UNINSTALL INSTRUCTIONS. AOCELL SOFTWARE RESERVES

THE RIGHT TO TERMINATE THIS AGREEMENT AND YOUR AUTHORIZATION TO USE THE

SOFTWARE AT ANY TIME WITHOUT CAUSE.

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