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              StorageCraft Terms and Conditions of Use

              StorageCraft Technology (“StorageCraft”) operates a number of websites for the purpose of delivering products, services, and information to current and potential customers and channel partners.  These Terms and Conditions of Use (the “Conditions”) apply to your use of this website and StorageCraft products and services.  By using this website or participating in services that may be offered through this website, you agree to these Conditions, so please read them carefully. 

              1. Privacy.  For information about StorageCraft’s Privacy Policy, please consult our Privacy Policy.
                 
              2. Your Accounts and Passwords.  Certain StorageCraft websites may require that you establish an account to use them.  If you establish an account, you agree to keep your account information accurate, complete, and current as long as you continue to use it.  You also agree that you are solely responsible for: (a) ensuring that only persons legally authorized by you have access to your account passwords and other credentials; (b) keeping your passwords and credentials secure; and (c) all account activity or business transacted through use of your account credentials, including changes made to your account through use of your credentials.  In using our websites, you also agree that you will not misrepresent your identity or your authority, impersonate any person, or attempt to gain access to another account without authorization.  You agree that StorageCraft may assume that you have authorized anyone in possession of your passwords or credentials to use your account.  If you become aware of unauthorized access to your account, passwords, or credentials, or any security breach related to your account, you agree to notify StorageCraft immediately at security@eu.storagecraft.com.  If StorageCraft determines that a security breach has occurred or is likely to occur, it may suspend your account and require you to change your passwords and other credentials.  You understand that you are solely responsible for remembering your passwords and other credentials, and if you lose them, you may lose access.  Please keep your passwords safe and secure, and do not lose them.
                 
              3. Electronic Communications.  You acknowledge and agree that StorageCraft may occasionally communicate with you regarding your account or our products or services via email.  Please see the StorageCraft Privacy Policy, which is incorporated into this Agreement by reference.  When you send us an email or provide us with your email address, you are communicating with us electronically and consent to our communication with you electronically.  We may do that by sending email to you or posting a notice on a StorageCraft website to which you have access.  You also understand and agree that these electronic communications, together with any contracts, agreements, or notices that we provide to you electronically satisfy all applicable legal requirements that such documents be in writing.  Subject to StorageCraft’s Privacy Policy or any written agreement you have entered into with StorageCraft that applies to a particular communication, any communication or material that you transmit to us or post to or through a StorageCraft website will be treated as non-confidential and non-proprietary. 
                 
              4. Copyright.  All content on StorageCraft websites, including text, code, graphics, icons, button icons, photographs, videos, logos, and page headers are protected by U.S., European, and international copyright laws, including the compilation of content on our websites.  This content is the property of StorageCraft or its licensors and cannot be used, copied, disseminated, distributed, reproduced, or transferred without StorageCraft’s prior written authorization.
                 
              5. Trademark.  StorageCraft®, ShadowProtect®, ShadowControl®, HeadStart Restore®, ShadowStream®, and intelligentFTP® are registered trademarks of StorageCraft or its licensors in the United States, European Union, or elsewhere.  Further, graphics, icons, button icons, logos, page headers, and service names appearing on StorageCraft websites are trademarks or trade dress of StorageCraft in the United States, European Union, and elsewhere.  StorageCraft’s trademarks and trade dress may not be used in association with any non-StorageCraft products or services, in any way that is likely to cause confusion among customers, or in any way that discredits or disparages StorageCraft or its products or services.  Any trademark that appears on a StorageCraft website that is not owned by StorageCraft is the property of its owner, which may have no relationship, affiliation, or connection to StorageCraft.
                 
              6. Patents.  StorageCraft’s HeadStart Restore product is protected by U.S. Patent No. 8,190,574.
                 
              7. Return Policy.  Here you can find the StorageCraft Return Policy.
                 
              8. Applicability of License Terms Contained in the End User License Agreement (EULA).  By using, retaining, copying, accessing, or installing StorageCraft software, whether by utilizing manual, silent, unattended, or push installation, you are accepting and agreeing to the terms of the EULA.
                 
              9. Posting Content.  In the event you post comments, questions, or other content on a StorageCraft website, such as the StorageCraft Forum, or use a StorageCraft website to communicate electronically with either StorageCraft or a third party, the content or communications may not: (a) threaten, libel, defame, invade privacy, or otherwise damage or injure a third party (which determination may be made by StorageCraft in its sole discretion); (b) contain malware or computer contaminants such as viruses, worms, or Trojan horses; (c) constitute “spam”, including without limitation political campaigning or commercial solicitation of any kind; (d) infringe any person or entity’s intellectual property rights; (e) be illegal or constitute a criminal act or a communication in furtherance of a criminal act; or (f) misrepresent your identity or your authority, impersonate any person or entity, or otherwise mislead as to the origin of the content or communication.  You understand and agree that StorageCraft reserves the right, but not the obligation, to remove or edit any of the foregoing content.  StorageCraft is not responsible for, and assumes no liability for, any content posted by you or any third party.

                If you post content or submit material on or through a StorageCraft website, such as the StorageCraft Forum, and unless agreed otherwise by both of us, you grant StorageCraft a nonexclusive, fully paid, royalty-free, perpetual, irrevocable, sublicensable, right to use, modify, create derivatives, reproduce, publish, translate, distribute, disseminate, and display such content anywhere in the world and in any media of StorageCraft’s choosing.  If you submit a name in connection with such content, you grant StorageCraft the right to use the name, and do so in association with the content.  In the event the content or communications you supply violate this Section or are alleged to violate this Section, you agree to indemnify and hold StorageCraft harmless for all claims resulting from the content or communications.

                You agree that StorageCraft may, at any time and for any reason, terminate your access to one or more StorageCraft websites.
                 
              10. Limitation on Warranties.  STORAGECRAFT WEBSITES AND ALL INFORMATION AND CONTENT THEY CONTAIN, ARE PROVIDED BY STORAGECRAFT ON AN “AS IS”, “WHERE IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS.  YOU AGREE THAT YOUR USE OF STORAGECRAFT WEBSITES IS AT YOUR SOLE RISK.  STORAGECRAFT MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, OR OTHERWISE, REGARDING THE WEBSITES OR STORAGECRAFT PRODUCTS OR SERVICES, EXCEPT AS EXPRESSLY STATED BY STORAGECRAFT IN WRITING.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STORAGECRAFT DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY (IF ANY) WARRANTIES OR CONDITIONS OF, OR RELATED TO: MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, NONINFRINGEMENT, UPTIME, DOWNTIME, LACK OF SERVICE INTERRUPTION, ACCURACY OR COMPLETENESS, WORKMANLIKE EFFORT, AND LACK OF NEGLIGENCE.  STORAGECRAFT MAKES NO WARRANTY THAT ANY STORAGECRAFT WEBSITE WILL MEET YOUR REQUIREMENTS; THAT YOUR USE OF ANY STORAGECRAFT WEBSITE WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE, OR SECURE; OR THAT ANY DEFECTS OR ERRORS IN ANY STORAGECRAFT WEBSITE WILL BE CORRECTED.  YOU UNDERSTAND THAT USE OF ANY STORAGECRAFT WEBSITE AND ENGAGING IN ELECTRONIC COMMUNICATION ON OR THROUGH A STORAGECRAFT WEBSITE INVOLVE THE TRANSFER OF DATA OVER THE INTERNET, THAT STORAGECRAFT DOES NOT OPERATE OR CONTROL THE INTERNET, AND THAT SUCH DATA MAY BE SUBJECT TO MALWARE AND COMPUTER CONTAMINANTS SUCH AS VIRUSES, WORMS, AND TROJAN HORSES, AS WELL AS ATTEMPTS BY UNAUTHORIZED USERS, SUCH AS HACKERS, TO ACCESS OR DAMAGE YOUR DATA.  YOU UNDERSTAND THAT STORAGECRAFT IS NEITHER LIABLE NOR RESPONSIBLE FOR SUCH ACTIVITIES.  NO AGREEMENTS VARYING OR EXTENDING THE FOREGOING WARRANTIES OR LIMITATIONS WILL BE BINDING UNLESS IN WRITING AND ACCEPTED BY STORAGECRAFT.  BECAUSE SOME JURISDICTIONS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
                 
              11. Limitations on Liability.  YOU UNDERSTAND AND AGREE THAT STORAGECRAFT, ITS LICENSORS, AND AFFILIATES ARE NOT LIABLE TO YOU FOR ANY RESULTING FROM YOUR USE OF A STORAGECRAFT WEBSITE: (A) CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR SPECIAL DAMAGES; (B) DAMAGES FOR LOSS OF PROFITS, REVENUES, OR USE; OR (C) BUSINESS INTERRUPTION.  THESE LIMITATIONS APPLY EVEN IN THE EVENT OF FAULT, TORT, NEGLIGENCE, MISREPRESENTATION, OR STRICT OR PRODUCT LIABILITY.  YOU ASSUME ALL RISKS ASSOCIATED WITH USE OF STORAGECRAFT WEBSITES AND IN ENGAGING IN ELECTRONIC COMMUNICATIONS WITH OR THROUGH STORAGECRAFT.  THE LIMITATIONS IMPOSED BY THIS SECTION AND THE REMEDIES AVAILABLE REFLECT THE ALLOCATION OF RISK BETWEEN US AND THEY ARE A MATERIAL AND ESSENTIAL FACTOR IN STORAGECRAFT'S AGREEMENT TO PERMIT YOU TO USE STORAGECRAFT WEBSITES.  YOU RELEASE STORAGECRAFT FROM ALL LIABILITY IN EXCESS OF THE LIABILITIES THAT ARE LIMITED BY THIS SECTION, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR INDEMNIFICATION OR CONTRIBUTION (WHETHER ARISING UNDER STATUTORY OR COMMON LAW).  BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
                 
              12. Notices.  If you are giving StorageCraft notice as required or permitted under these Conditions, it  must be in writing and: (a) personally delivered or sent by a reputable international overnight commercial courier service (such as FedEx or DHL) to StorageCraft at: StorageCraft Technology, Attn: Website Terms and Conditions, Tellengana House, Blackrock Road, Cork, Ireland, with copies to StorageCraft Technology Corp., Attn: Legal, 11850 Election Rd, Suite 100, Draper, UT  84020, USA and by email to notices@eu.storagecraft.com, with a copy to legal@storagecraft.com. If StorageCraft is giving you notice as required or permitted under these Conditions, it must be in writing and: (a) sent by email to the email address you provided to us for that purpose; (b) sent by a reputable international overnight commercial courier service (such as FedEx or DHL), addressed to you at an address you provided to us for that purpose; (c) posted in or delivered through a StorageCraft website or portal; or (d) delivered by any other means where it can be established that you received the notice.
                 
              13. Governing Law, Venue, Provisional Relief.  These Conditions shall be governed and construed exclusively in accordance with the laws of the Republic of Ireland, without application of any choice-of-law or conflict-of-law principles, rules, or provision that would result in the application of the laws of any jurisdiction other than Ireland, and you irrevocably submit to the personal jurisdiction of the courts located in the city of Dublin, Ireland.  Any action relating to or arising from these Conditions or use of a StorageCraft website, including actions for provisional relief, including but not limited to a temporary restraining order, preliminary injunction, attachment in aid of arbitration, or order for any interim or conservatory measure, shall be brought exclusively in Dublin, Ireland.  In the event an action is initiated, you agree to accept service of process in the manner provided for “notice” in these Conditions. 
                 
              14. Severability.  Any term or provision of these Conditions that is held to be illegal or unenforceable shall, if possible, be interpreted so as to be construed as valid, but in any event the validity or enforceability of the remainder of these Conditions shall not be affected, provided that the general purposes of these Conditions are still reasonably capable of being accomplished. 
                 
              15. Waiver.  A waiver of any of the terms of these Conditions in one or more instances shall not be deemed or construed to be a general waiver of such terms or conditions or a waiver of any subsequent breach.
                 
              16. Transfer. The information that we collect from you, including personally identifiable information relating to you or your customers, may be shared with, transferred to, used by, and stored by, a destination outside the European Economic Area (“EEA”).  It may also be processed by staff operating outside the EEA who work for us or one of our corporate affiliates, including our affiliate in the United States, StorageCraft Technology Corporation.  Please consult our Privacy Policy for further information regarding the use of information you provide to us.
                 
              17. Changes to the Conditions.  These Conditions supersede all prior conditions of use for StorageCraft websites.  You understand and agree that StorageCraft may modify or amend these Conditions at any time and that each such modification will be effective upon StorageCraft’s posting of the modified Conditions on StorageCraft’s website(s).  Your continued use of a StorageCraft website following the modification or amendment of the Conditions constitutes your agreement and consent to be bound by those modified terms.  Please stay informed of any changes to these Conditions by reviewing the most current version on the StorageCraft website(s).

               

              IE Last Revision: February 19, 2014.

              © 2014 StorageCraft Technology Corporation.  All rights reserved.