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Terms Of Use

StrongPix End User License Agreement



IMPORTANT, PLEASE READ CAREFULLY



Welcome to StrongPix!



This document (the “Agreement”) is a legally binding agreement between You and StrongPix AB (“StrongPix”) that governs Your use of the StrongPix software application, services, product and web sites (the “StrongPix Services”).

The latest and current version of this agreement can be reviewed on any of the StrongPix web sites such as http://www.strongpix.com/terms.aspx. You should print or save a copy of this Agreement for your records.StrongPix AB is a privately held Swedish stock company with its principal place of business in Kyna 212, 78478 Borlange, Sweden, Europe.



1 ACCEPTANCE OF AGREEMENT
In order to use the StrongPix Services, You must accept the Agreement. You can accept the Agreement by (i) clicking to accept or agree where this option is made available to You, or (ii) by actually using the StrongPix Services, in which case You acknowledge and agree that StrongPix will treat such use as acceptance of the Agreement. You acknowledge and agree that by accepting this Agreement you are entering into a legally binding relation with StrongPix.



2 DESCRIPTION OF STRONGPIX SERVICES
StrongPix Services provide users with a world class Digital Photo Secure Storage service based on social network collaboration for free unlimited secure backup storage of digital photos on the internet.



3 YOUR CONFIDENTIAL INFORMATION AND YOUR PRIVACY
StrongPix is committed to respecting Your privacy and the confidentiality of Your personal data. The Privacy Policy at www.strongpix.com/privacy.aspx sets out how StrongPix may use Your personal data, the traffic data and the content contained in Your communication(s). If You object to Your information being used in the way set out in the Privacy Policy then please do not use the StrongPix Services.



4 GRANT OF LICENSE
StrongPix hereby grants You a personal, non-commercial, non-exclusive, non-transferable, limited, non-sub licensable, non-assignable, free of charge license to download, install and use, on a single computer and in object code, the StrongPix Services on Your computer, smart-phone or other device for the sole purpose of personally using the internet applications provided by StrongPix and any other applications that may be explicitly provided by StrongPix.

You are allowed to use the StrongPix Services at university or any other educational institution, subject to paragraph 6.4 below and in accordance with this Agreement.

4.1 PROPRIETARY RIGHTS
You agree that any and all intellectual property (“IP”) Rights in the StrongPix Services, and parts thereof, are and shall remain the exclusive property of StrongPix and/or its licensors. Nothing in this Agreement intends to transfer any such IP Rights to, or to vest any such IP Rights in, You. You are only entitled to the limited use of the IP Rights granted to You in this Agreement. You will not take any action to jeopardize, limit or interfere with StrongPix IP Rights. Any unauthorized use of StrongPix IP Rights is a violation of this Agreement as well as a violation of intellectual property laws and treaties, including without limitation copyright laws and trademark laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the use of the StrongPix Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by StrongPix or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the StrongPix Services, such Content, in whole or in part.

4.2 NO GRANTING OF RIGHTS TO THIRD PARTIES
You agree not to sell, assign, rent, lease, sublicense, distribute, export, import, act as an intermediary or provider, grant a security interest in, or otherwise grant rights to third parties with regard to the StrongPix Services or any part thereof.

4.3 NO MODIFICATIONS
You agree not to undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling, hacking or otherwise attempt to discover any source code of the StrongPix Services or any part thereof except to the extent permitted by law.

4.4 NO REMOVAL OF NOTICES
You agree that You will not remove, obscure, make illegible or alter any notices or indications of the IP Rights and/or StrongPix rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to any materials.

4.5 NO HACKING
You agree not to access the StrongPix Services by any means other than through the interface that is provided by StrongPix for use in accessing the StrongPix Services.

4.6 THIRD PARTY SOFTWARE AND TECHNOLOGY
The StrongPix Services software may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. Any such third party software or technology that is incorporated in the StrongPix Services software falls under the scope of this Agreement. Any and all other third party software or technology that may be distributed together with the StrongPix Services software will be subject to You explicitly accepting a license agreement with that third party. You acknowledge and agree that You will not enter into a contractual relationship with StrongPix or its Affiliates regarding such third party software or technology and you will look solely to the applicable third party and not to StrongPix or its Affiliates to enforce any of your rights.



If You are interested in doing anything which is not permitted under this Agreement, You will have to obtain StrongPix prior written consent and explicitly agree upon any further terms.



5 ADVERTISEMENTS
You understand and agree that the StrongPix Services may include advertisements and that these advertisements are a necessary revenue stream for StrongPix to provide the StrongPix Services. You also understand and agree that the StrongPix Services may include certain communications from StrongPix, such as service announcements, administrative messages and the StrongPix Newsletter, and that these communications are considered part of StrongPix membership and you may not be able to opt out of receiving them.

5.1 DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the StrongPix Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that StrongPix shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the StrongPix Services.

5.2 LINKS
The StrongPix Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that StrongPix is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that StrongPix shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.



6 YOUR OBLIGATIONS
6.1 LAWFUL PURPOSES
You agree to use the StrongPix Services solely for lawful purposes. In this respect You may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for You; (b) use any type of spider, virus, worm, trojan, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the StrongPix Service, its communication or the stored Content; (c) send any unsolicited communication not permitted by applicable law (d) expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way; (e) use the StrongPix Services to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party; or (f) use (including as part of your user name) any material or content that is subject to any third party proprietary rights, unless you have a license or permission from the owner of such rights;

6.2 REPRESENTATIONS
You represent and warrant that You are authorized to enter into and comply with the terms of this Agreement. Furthermore, You represent and warrant that You will at any and all times meet with Your obligations under the terms of this Agreement, as well as any and all laws, regulations and policies that may apply to the use of the StrongPix Services

6.3 INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD STRONGPIX AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF YOUR (A) VIOLATION OR BREACH OF ANY TERM OF THIS AGREEMENT OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN, OR (B) VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, OR (C) USE OR MISUSE OF THE STRONGPIX SERVICES, OR (D) COMMUNICATION SPREAD BY MEANS OF THE STRONGPIX SERVICES, OR(E) CONTENT REPLICATED BY MEANS OF THE STRONGPIX SERVICES, OR (F) CONTENT STORED BY MEANS OF THE STRONGPIX SERVICES.

6.4 UTILIZATION OF YOUR COMPUTER
If Your use of the StrongPix Services is dependent upon the use of a processor, storage hardware and bandwidth owned or controlled by a third party, You acknowledge and agree that Your license to use the StrongPix Services is subject to You obtaining consent from the relevant third party for such use. You represent and warrant that by accepting this Agreement and using the StrongPix Services, You have obtained such consent.

6.5 CONTRIBUTIONS TO STRONGPIX
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to StrongPix including (but not limited to) through its support, suggestion or feedback web pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) StrongPix is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) StrongPix shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) StrongPix may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of StrongPix without any obligation of StrongPix to you; and (f) you are not entitled to any compensation or reimbursement of any kind from StrongPix under any circumstances.

6.6 SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the StrongPix Services and transfer, posting and uploading of software, technology, and other technical data via the StrongPix Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent and warrant that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via the StrongPix Services to parties identified on such lists; (b) agree not to use the StrongPix Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via the StrongPix Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.

6.7 GOVERNMENT USERS
The StrongPix Services and its documentation (“Documentation”) are “commercial computer software” and “commercial computer software documentation,” respectively; as such terms are used in United States Federal Acquisition Regulations Section 12.212. Any use, duplication or disclosure of the StrongPix Services or the Documentation by or on behalf of the U.S. Government is subject to restrictions as set forth in this Agreement.



7 TERM, TERMINATION, UPDATES
7.1 TERM
This Agreement will be effective as of this day and will remain effective until terminated by either StrongPix or You as set out below.

7.2 TERMINATION
You may terminate the Agreement with immediate effect at any time. Without limiting other remedies, StrongPix may limit, suspend, or terminate this license and Your use of StrongPix Services, prohibit access to the StrongPix Website and revoke Your User Account and/or User ID, with immediate effect, automatically and without recourse to the courts, if we think that You are in breach of the terms of this Agreement, creating problems, legal liabilities (actual or potential), infringing someone else’s intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons. StrongPix shall effect such termination by providing notice to You to the email address You have provided, and/or by preventing Your access to Your User Account. We reserve the right to revoke or cancel User Accounts that have been inactive for more than one (1) year.

Upon termination of this Agreement: (a) all licenses and rights to use the StrongPix Services shall immediately terminate; (b) You will immediately cease any and all use of the StrongPix Services; and (c) You will immediately remove the StrongPix Services from all hard drives, networks and other storage media and destroy all copies of the StrongPix Services in Your possession or under Your control.

7.3 NEW VERSIONS
StrongPix reserves the right to change this Agreement at any time by publishing the revised Agreement on the StrongPix Websites. The revised Agreement shall become effective within thirty (30) days of such publication, unless You expressly accept the revised Agreement earlier by clicking on the accept button. Your express acceptance or Your continued use of the StrongPix Services after expiry of the notice period of thirty (30) days, shall constitute Your acceptance to be bound by the terms and conditions of the revised Agreement. You can find the latest version of this Agreement at http://www.strongpix.com/terms.aspx

8 DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:



1. YOUR USE OF THE STRONGPIX SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE STRONGPIX SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. STRONGPIX AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF PERFORMANCE, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.



2. STRONGPIX AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE STRONGPIX SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE STRONGPIX SERVICES WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, COMPLETE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE STRONGPIX SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE STRONGPIX SERVICES WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE STRONGPIX SERVICES WILL BE CORRECTED.



3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE STRONGPIX SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.



4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STRONGPIX OR THROUGH OR FROM THE STRONGPIX SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.



5. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE STRONGPIX SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE STRONGPIX SERVICES. IMMEDIATELY DISCONTINUE USE OF THE STRONGPIX SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE STRONGPIX SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.



8.1 YOUR OWN RISK
You acknowledge and agree that the entire risk arising out of Your use of the StrongPix Services remains with You, to the maximum extent permitted by law.



9 LIMITATION OF LIABILITY
9.1 NO LIABIITY
The StrongPix Services is being provided to You free of charge. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT STRONGPIX, ITS AFFILIATES, ITS LICENSORS AND THE STRONGPIX STAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE STRONGPIX SERVICES, AS SET FORTH BELOW. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE STRONGPIX SERVICES IS TO IMMEDIATELY DEINSTALL AND CEASE USE OF SUCH STRONGPIX SERVICES.



9.2 LIMITATION OF LIABILITY
IN NO EVENT SHALL STRONGPIX, ITS AFFILIATES, ITS LICENSORS OR THE STRONGPIX STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR: ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF OR CORRUPTION TO DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE STRONGPIX SERVICES; ANY LOSS OF INCOME, BUSINESS, PROFITS, GOODWILL OR OTHER INTANGIBLE LOSSES (WHETHER DIRECT OR INDIRECT) ARISING OUT OF THE USE OR INABILITY TO USE THE STRONGPIX SERVICES; OR, ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF;

(a) ANY DISRUPTIONS OR DELAYS IN ANY COMMUNICATION WHEN USING THE STRONGPIX SERVICES;

(b) THE SUSPENSION OR TERMINATION OF THIS AGREEMENT BY YOU OR BY STRONGPIX FOR ANY REASON;

(c) THE RELEASE OR THE DECISION NOT TO RELEASE NEW VERSIONS OF THE STRONGPIX SERVICES TO YOU;

(d) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES;

(e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

(f) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE STRONGPIX SERVICES; OR,

(g) ANY OTHER MATTER RELATING TO THE STRONGPIX SERVICES.



THE LIMITATIONS ON STRONGPIX LIABILITY TO YOU AS SET FORTH ABOVE SHALL APPLY WHETHER OR NOT STRONGPIX, ITS AFFILIATES OR THE STRONGPIX STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.

NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF STRONGPIX FOR (I) THE DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF STRONGPIX, THE STRONGPIX STAFF OR ITS AGENTS, OR (II) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.

9.3 EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE MENTIONED LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IN SUCH EVENT THE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT POSSIBLE WITHIN THE APPLICABLE LEGISLATION.



10 GENERAL INFORMATION
10.1 ENTIRE AGREEMENT
The Agreement constitutes the entire agreement between you and StrongPix and governs your use of the StrongPix Services, superseding any prior version of this Agreement between you and StrongPix with respect to the StrongPix Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other StrongPix Services, affiliate services, third-party content or third-party software. Nothing in this clause shall exclude or restrict the liability of either You or StrongPix arising out of fraud or fraudulent misrepresentation.

10.2 CHOICE OF LAW AND FORUM
You and StrongPix each agree that the Agreement and the relationship between the parties shall be governed by and interpreted in accordance with the laws of Sweden without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Agreement, or the relationship between you and StrongPix, shall be brought exclusively in the courts located in Falun within the county of Dalarna, Sweden. You and StrongPix agree to submit to the personal jurisdiction of the courts located in Falun within the county of Dalarna, Sweden, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

10.3 NO WAIVER
The failure of StrongPix to exercise, or delay in exercising, a right, power or remedy provided by the Agreement or by law shall not constitute a waiver of that right, power or remedy. If StrongPix waives a breach of any provision of the Agreement this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.

10.4 PARTIAL INVALIDITY
If any provision of the Agreement is found by a court of competent jurisdiction to be illegal, invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

10.5 SURVIVAL
The terms of paragraphs 4.1, 7 and 9 of this Agreement shall survive termination of this Agreement for whatever reason.

10.6 STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the StrongPix Services or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

10.7 ASSIGNMENT
You are not allowed to assign the Agreement or any rights hereunder. StrongPix is allowed at its sole discretion to assign the Agreement or any rights hereunder to any third party, without giving prior notice.

10.8 LANGUAGE
The original English version of the Agreement may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.



The section titles in the Agreement are for convenience only and have no legal or contractual effect.



YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE STRONGPIX SERVICES, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO STRONGPIX THE RIGHTS SET FORTH HEREIN.



Last revised: May 2010



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