Terms
Service Level Agreement (SLA)
This Service Level Agreement (“SLA”) between GCloud (“GCloud”) and you (“you”) sets forth the service level terms and conditions with respect to the cloud-based automated data backup services offered by GCloud, currently via https://www.genie9.com/gcloud/ (the “Cloud Backup Services”).Introduction
GCloud is dedicated to making the Cloud Backup Services easy to access and use while providing you with the highest standards of service. This SLA formally sets forth GCloud’s commitment to ensure 99.9% uptime of the Cloud Backup Services.Availability
For as long as you are subscribed to the Cloud Backup Services in accordance with the Terms of Use, GCloud will ensure that the Cloud Backup Services will be available and operational at an annual Uptime Percentage of at least 99.9%, as measured over any calendar month (the “Service Level Goal”). If GCloud fails to meet the Uptime Percentage in any calendar month, and as long as you have met your obligations under the Terms of Use, you may notify GCloud of such failure by sending an email to GCloud at support@gcloudbackup.com, and GCloud will provide you with a Service Credit. The Service Credit is your sole and exclusive remedy for a failure by GCloud to meet the Service Level Goal.SLA Exclusions
The SLA does not apply to any services that expressly exclude this SLA (as stated in the documentation for such services) or to Downtime resulting from:- Amazon Web Services outage or other causes beyond GCloud’s reasonable control, including force majeure events;
- Your or any third party’s equipment, services, actions, or lack thereof;
- GCloud’s scheduled maintenance and version upgrades;
- Network unavailability due to misconfiguration or failure of the internet service provider;
- Issues resulting from any third-party software or hardware components not managed by GCloud;
- User-initiated actions that result in service interruptions.
Definitions
- “Downtime” means the total number of minutes in a calendar month during which the Cloud Backup Services are unavailable or inoperable.
- “Monthly Uptime Percentage” means the total number of minutes in a calendar month minus Downtime suffered in a calendar month, divided by the total number of minutes in a calendar month.
- “Service Credit” means a credit calculated as the difference between the Service Level Goal and the Monthly Uptime Percentage, multiplied by the monthly fee payable by you to GCloud for the applicable month in accordance with the Terms of Use.
Service Credit Claim
To claim a Service Credit, you must contact GCloud support within thirty (30) days following the end of the month in which GCloud did not meet the Service Level Goal. You must provide the dates and times of each incident of Downtime that you claim to have experienced. GCloud will evaluate all information reasonably available to it and make a good faith determination of whether a Service Credit is owed. GCloud will use commercially reasonable efforts to process claims during the subsequent month and within forty-five (45) days of receipt. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.Limitation of Liability
To the fullest extent permitted by applicable law, GCloud shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use the service; (b) any unauthorized access to or use of our services or servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the services; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our services by any third party; (e) any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through the services; and/or (f) the defamatory, offensive, or illegal conduct of any third party. In no event shall GCloud’s aggregate liability for all claims related to the service exceed the greater of one hundred U.S. dollars (U.S. $100.00) or the amount you paid GCloud, if any, in the past twelve months for the service.General Provisions
GCloud reserves the right to amend this SLA at any time by posting the amended SLA on the GCloud website. Your continued use of the Cloud Backup Services following the posting of any changes to this SLA constitutes acceptance of those changes. This SLA is governed by the laws of the jurisdiction in which GCloud is headquartered, without regard to its conflict of laws principles.Effective Date
This SLA is effective as of 1st of June 2024 and will remain in effect until terminated in accordance with the Terms of Use.General
This End User License Agreement (the “Agreement”), including the Privacy Policy, Terms of Service, and Frequently Asked Questions (FAQs), which are incorporated herein by reference and which you can access by clicking on each of the hyperlinks above (collectively, the “Terms”), are a binding contract between you and Genie9 Ltd. (“G Cloud”), a UK company based in London. You may print the foregoing documents using the print function in your browser. You understand and agree that by installing, accessing, or using the software, products, services, applications, and associated documentation and Enhancements (collectively, the “G Cloud Products”), you will be bound by these Terms. If you agree to these Terms on behalf of a business or organization, you represent and warrant that you have the authority to bind that business or organization to these Terms and your agreement to these Terms will be treated as the agreement of the business or organization. In that event, “you” and “your” will refer to and apply to the user of the G Cloud Products or that business or organization, as required by the context. If you do not agree with these Terms, G Cloud is not willing to license to you and you may not use the G Cloud Products.Your License
G Cloud Products are licensed and not sold to you. During the term of your subscription, G Cloud grants to you a revocable, limited, non-transferable, non-exclusive license to use G Cloud Products, solely in connection with the backup of your data. Except for the limited license granted in these Terms, G Cloud and its licensors retain all right, title, and interest in and to the G Cloud Products, all copies thereof, and all proprietary rights therein, including copyrights, patent, trademark, and trade secret rights. You may not copy or distribute G Cloud Products, except to the extent that copying is necessary to use G Cloud Products for the purposes set forth herein. You may not reverse engineer, decompile, disassemble, modify, or create derivative works of G Cloud Products. You may not alter or modify any disabling mechanism which may be included in G Cloud Products. You may not assign, sublicense, rent, timeshare, loan, lease, or otherwise transfer G Cloud Products, or directly or indirectly permit any third party to copy G Cloud Products. You may not remove any proprietary notices (e.g., copyright and trademark notices) from G Cloud Products. You must reproduce the copyright and all other proprietary notices displayed on G Cloud Products and on each permitted backup or archival copy. All use of G Cloud Products shall be in accordance with these Terms and its then-current documentation. You shall be solely responsible for ensuring that your use of G Cloud Products is in compliance with all applicable foreign, federal, state, and local laws, rules, and regulations.How It Works
G Cloud Products save a copy of each file that is automatically selected for backup and other files you designate for backup (your “Backed-up Data”) to a server operated by Amazon. G Cloud Products automatically scan for changes or additions to the Backed-up Data and then periodically re-save a copy or a part of a modified file or create a copy of a newly designated file. For a complete list of the files G Cloud is backing up for you, please refer to the G Cloud web console. You can check whether G Cloud is backing up specific files by going to G Cloud Timeline located in your Computer, Web console, or from your mobile. If you are unable to locate your file, G Cloud is not backing up that file. Your Backed-up Data may not be available or restorable if: (i) G Cloud has not completed copying your selected files or changed files; (ii) for files, folders, or disk drives that are not automatically backed up, you do not manually select them for backup, or you unselect a file for backup; (iii) you delete a person from your G Cloud account; (iv) you move a file to a location on your computer that is not automatically scanned to select files for backup or you upgrade your operating system resulting in changes to your file mapping; (v) your computer is unable to access the internet or to Amazon S3 Storage; (vi) you fail to follow G Cloud technical requirements, including upgrading the version of your G Cloud Products as required; or (vii) you terminate your license or fail to renew your subscription to G Cloud Products. For additional information about the status of your Backed-up Data, refer to the Frequently Asked Questions (FAQs).Enhancements and Feedback
Enhancements: G Cloud may (i) automatically update G Cloud Products installed on your computer without your prior notice, (ii) upgrade, enhance, change, and modify (collectively, the “Enhancements”) G Cloud Products, or (iii) discontinue or retire G Cloud Products or any aspect or feature of G Cloud Products, including the types of files and data that are backed up (not every file on your computer is backed up) or the availability of G Cloud Products on any particular device or communications service at any time and from time to time in its sole discretion. Any Enhancements made available to you will be subject to these Terms. G Cloud will use reasonable efforts to provide notice of material changes to the G Cloud Products or changes to these Terms by posting them to the Product Agreement. It is your responsibility to periodically check the G Cloud website to inform yourself of any such modifications. Changes to these Terms, which may be made in G Cloud’s sole and exclusive discretion, will be effective upon acceptance of these Terms (as described herein) for new subscriptions and effective for all existing users thirty (30) calendar days after the posting of the new Terms on the G Cloud website at Product Agreement. You agree to be bound to these Terms, as modified. If you do not agree to the modified Terms, you are not permitted to use G Cloud Products and must terminate your subscription immediately. Feedback: You may provide feedback to G Cloud with respect to the G Cloud Products. G Cloud may use feedback for any purpose without obligation of any kind. To the extent a license is required under your intellectual property rights to make use of the feedback, you hereby grant G Cloud an irrevocable, non-exclusive, perpetual, royalty-free license to use the feedback in connection with G Cloud business, including enhancement of the G Cloud Products.Term
Term and Termination: These Terms and your license to the G Cloud Products will commence at the time and on the day you install, access, or use G Cloud Products, whichever is earlier. These Terms, your license, and your subscription to the G Cloud Products will automatically terminate or expire upon the earlier of (i) non-renewal, cancellation, or expiration of your subscription or your failure to pay invoices when due, (ii) G Cloud discontinuance of the G Cloud Products, or (iii) failure to comply with these Terms. If any third party makes an intellectual property infringement claim relating to the G Cloud Products, G Cloud reserves the right to immediately terminate your subscription to the affected G Cloud Products. G Cloud MAY, IN ITS SOLE DISCRETION, DENY USE OF AND ACCESS TO ALL OR ANY PORTION OF THE G Cloud PRODUCTS, INCLUDING SUSPENDING OR TERMINATING YOUR LICENSE AND ACCOUNT WITH G Cloud IF YOU ARE USING THE G Cloud PRODUCTS IN A MANNER NOT INTENDED OR IN VIOLATION OF LAW. Effect of Non-Renewal or Termination: Upon any non-renewal, termination, or expiration of your subscription to the G Cloud Products (i) the license granted herein will automatically and immediately terminate and you will have no further right to possess or use the G Cloud Products, (ii) the G Cloud Products may be disabled by G Cloud without notice to you, and (iii) you will no longer have the right to access or retrieve your Backed-up Data. You acknowledge and agree that G Cloud policy is to automatically delete all of your Backed-up Data upon non-renewal, termination, or expiration of your subscription to G Cloud Products and that it is solely your responsibility to seek another source for your backup needs.Trial and Evaluation Licenses
You may try the G Cloud Products prior to paying for a full subscription by licensing a trial, evaluation, or other limited versions (an “Evaluation Version”). Your license to an Evaluation Version of the G Cloud Products will automatically terminate upon the earlier of (i) the expiration or cancellation of the evaluation period, (ii) when the G Cloud Product is no longer made available, (iii) when G Cloud cancels your license to the Evaluation Version, or (iv) when your computer has not accessed the G Cloud server for more than thirty (30) calendar days. You acknowledge and agree that G Cloud policy is to automatically delete all of your Backed-up Data upon termination or expiration of any Evaluation Version and that it is solely your responsibility to seek another source for your backup needs.Lifetime Licenses
Your license to a Lifetime Plan of the G Cloud Products will automatically terminate upon the earlier of (i) when the G Cloud Product is no longer made available, (ii) when G Cloud cancels your license to the Lifetime Plan, or (iii) when your computer has not accessed the G Cloud server for more than ninety (90) calendar days. You acknowledge and agree that G Cloud policy is to automatically delete all of your Backed-up Data upon meeting any of the above points and that it is solely your responsibility to seek another source for your backup needs.Disclaimer of Warranties; Indemnification; Limitation of Liability
G Cloud Products: THE G Cloud PRODUCTS MAY CONTAIN OR G Cloud MAY PROVIDE TO YOU THIRD PARTY HARDWARE, PRODUCTS, SOFTWARE, OR PROGRAMMING, OR YOU MAY OBTAIN THIRD PARTY HARDWARE, PRODUCTS, SOFTWARE, OR PROGRAMMING FROM THIRD PARTIES DIRECTLY, (“THIRD PARTY COMPONENTS”). THE G Cloud PRODUCTS, ALL THIRD PARTY COMPONENTS AND ALL BETA SOFTWARE ARE PROVIDED “AS IS,” “WHERE IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT WARRANTY OF ANY KIND. G Cloud AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE G Cloud PRODUCTS, THE THIRD PARTY PRODUCTS AND ALL BETA SOFTWARE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY WARRANTIES REGARDING QUIET ENJOYMENT, QUALITY OF INFORMATION, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY OF BACKED-UP DATA AND PERFORMANCE OF THE G Cloud PRODUCTS. G Cloud DOES NOT WARRANT THAT THE G Cloud PRODUCTS, THIRD PARTY COMPONENTS, OR BETA SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE G Cloud PRODUCTS, THIRD PARTY COMPONENTS, OR BETA SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE G Cloud PRODUCTS, THIRD PARTY COMPONENTS, OR BETA SOFTWARE WILL BE CORRECTED, OR THAT ENCRYPTION ALGORITHMS, ASSOCIATED KEYS AND OTHER SECURITY MEASURES WILL BE SECURE OR EFFECTIVE. YOU UNDERSTAND AND AGREE THAT YOUR INSTALLATION, USE AND ACCESS OF THE G Cloud PRODUCTS, THIRD PARTY COMPONENTS AND ALL BETA SOFTWARE IS AT YOUR SOLE DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER, SOFTWARE AND THE LOSS OF BACKED-UP DATA THAT RESULTS FROM THE USE THEREOF. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY G Cloud SHALL CREATE ANY ADDITIONAL G Cloud WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF G Cloud’S OBLIGATIONS HEREUNDER. YOU HEREBY WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST G Cloud AND ITS AFFILIATES, SUPPLIERS AND LICENSORS ARISING OUT OF YOUR USE OF THE G Cloud PRODUCTS, THIRD PARTY COMPONENTS AND BETA SOFTWARE. THE G Cloud PRODUCTS MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT G Cloud DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT (I) VIRUSES, WORMS, TROJAN HORSES, AND OTHER UNDESIRABLE DATA, OR SOFTWARE, OR (II) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR DATA, WEBSITES, COMPUTERS, OR NETWORKS. G Cloud SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES. YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR DATA AND SYSTEMS.Beta Applications
G Cloud may designate certain Enhancements and new releases of the G Cloud Products as “Beta Software.” Beta Software is not ready and is not intended for use in a production environment. At this early stage of development, operation of the Beta Software may be unpredictable and lead to erroneous results. You acknowledge and agree that (i) the Beta Software is experimental in nature and has not been fully tested, (ii) the Beta Software may not meet your requirements or perform as intended, (iii) use of the Beta Software may not be uninterrupted, error-free, or free of faults, (iv) your use of the Beta Software is for the sole purpose of evaluating and testing the product and providing feedback to G Cloud, and (v) you shall inform your employees, staff members, and other users regarding the nature of the Beta Software. Your use of the Beta Software is and shall be subject to these Terms.Indemnification; Limitation of Liability
YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR YOUR CONDUCT, YOUR DATA, AND YOUR BACKED-UP DATA RELATED TO THE G Cloud PRODUCTS. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD G Cloud, AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, SUPPLIERS AND LICENSORS HARMLESS FROM AND AGAINST ANY AND ALL LOSS, COST, DAMAGE, LIABILITY AND EXPENSE (INCLUDING ATTORNEYS’ FEES, EXPERT FEES AND OUT-OF-POCKET EXPENSES) ARISING OUT OF, RESULTING FROM, OR IN CONNECTION WITH YOUR BREACH OF THESE TERMS, YOUR USE OF THE G Cloud PRODUCTS, OR YOUR BACKED-UP DATA. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL G Cloud OR ITS AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COST TO PROCURE SUBSTITUTE SERVICES OR DATA, OR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, EXEMPLARY, OR ANY OTHER DAMAGES, INCLUDING DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOSS OF DATA AND BACKED-UP DATA, BUSINESS INTERRUPTION, OR LOST REVENUES, ARISING OUT OF YOUR USE OR INABILITY TO USE THE G Cloud PRODUCTS, THIRD PARTY COMPONENTS, OR BETA SOFTWARE, OR YOUR USE OF DATA OR FILES STORED THEREIN, EVEN IF G Cloud HAS BEEN ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES (WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR OTHERWISE. IN ANY CASE AND WITHOUT LIMITING THE FOREGOING, THE ENTIRE LIABILITY OF G Cloud AND ITS AFFILIATES, SUPPLIERS AND LICENSORS FOR ALL DAMAGES OF EVERY KIND AND TYPE (WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) SHALL BE LIMITED TO THE LICENSE FEES PAID BY YOU TO G Cloud IN THE 30 CALENDAR DAYS PRIOR TO THE DAMAGES ARISING. IF THE G Cloud PRODUCTS ARE PROVIDED TO YOU WITHOUT CHARGE, THEN G Cloud SHALL HAVE NO LIABILITY TO YOU WHATSOEVER. THE FOREGOING TERMS SET A LIMIT ON THE AMOUNT OF DAMAGES PAYABLE AND ARE NOT INTENDED TO ESTABLISH LIQUIDATED DAMAGES. YOU EXPRESSLY RECOGNIZE AND ACKNOWLEDGE THAT SUCH LIMITATION OF LIABILITY IS AN ESSENTIAL PART OF THIS AGREEMENT AND IS AN ESSENTIAL FACTOR IN ESTABLISHING THE PRICE OF THE G Cloud PRODUCTS. Some jurisdictions do not allow the exclusion of incidental or consequential damages, or the limitation on how long an implied warranty lasts, so some of the foregoing terms may not apply to you.Governing Law and Arbitration
These Terms shall be governed, construed, and enforced in accordance with the laws of the United Kingdom without reference to conflicts of law principles. The parties agree that the exclusive jurisdiction of any actions arising out of, relating to, or in any way connected with these Terms, shall be in the state or federal courts, as applicable, located in the City of London, UK. Any dispute, controversy, or claim arising out of or relating to this Agreement, including the arbitrability of the matter or the formation, interpretation, scope, applicability, termination, or breach thereof, shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures, or JAMS International Arbitration Rules, if the matter is deemed “international” within the meaning of that term as defined in the JAMS International Arbitration Rules. The arbitration shall be administered by JAMS, shall take place before a sole arbitrator, and shall be conducted in London, UK. If the JAMS International Arbitration Rules apply, the language to be used in the arbitral proceedings will be English. Judgment upon the arbitral award may be entered by any court having jurisdiction. This section shall apply to and require arbitration of all disputes, controversies, and claims, regardless of whether such disputes, controversies, or claims concern a single individual, entity, or other person, multiple individuals, entities, or other persons, or classes of individuals, entities, or other persons.Additional Terms
Privacy: See G Cloud Privacy Policy, which you can access by clicking Privacy Policy for information and notices concerning G Cloud collection, use and security of your personal information. Export: You shall not export, directly or indirectly, the G Cloud Products to any country for which the United Kingdom requires an export license or other governmental approval. You shall not use the G Cloud Products to store, backup, or distribute child pornography or other illegal files or data. You shall defend, indemnify and hold G Cloud harmless from and against any and all damages, fines, penalties, assessments, liabilities, costs and expenses (including attorneys’ fees, expert fees and out-of-pocket expenses) arising out of any claim that you are storing child pornography or other illegal files or data, or that the G Cloud Product was exported or otherwise shipped or transported by you in violation of applicable laws, rules and regulations. Termination and Fair Use Policy: G Cloud SHALL HAVE THE ABSOLUTE AND UNILATERAL RIGHT IN ITS SOLE DISCRETION TO DENY USE OF AND ACCESS TO ALL OR ANY PORTION OF G Cloud PRODUCTS OR SERVICES TO USERS WHO ARE DEEMED BY G Cloud TO BE USING THE G Cloud PRODUCTS OR SERVICES IN A MANNER NOT REASONABLY INTENDED BY G Cloud OR IN VIOLATION OF LAW, INCLUDING BUT NOT LIMITED TO SUSPENDING OR TERMINATING A USER’S ACCOUNT WITH G Cloud AND THE LICENSE TO USE THE G Cloud PRODUCTS OR SERVICES. G Cloud Products or Services are designed to serve the needs of particular types of users, such as individual consumers or small businesses. If you have purchased a G Cloud Product or Service that is inappropriate for your actual usage, for example, if G Cloud believes that you are using our service for business or commercial use, G Cloud will require you to switch to an appropriate G Cloud Product or Service. This may result in you having to pay G Cloud additional fees for use of the appropriate product or to terminate your purchased G Cloud Products or Services. For example: If G Cloud believes that you are using our home service for business or commercial use, G Cloud has the sole discretion to amend your service to our Business service which may require you paying additional fees or termination of your account. G Cloud determines business use as excessive backup of media files e.g. photos or videos in excess of 500GB. G Cloud may, in our sole discretion and from time to time, establish or amend general operating practices to maximize the operation and availability of G Cloud Products or Services and to prevent abuses. As part of these practices, we reserve the right to monitor our system to identify excessive consumption of network resources and to take such technical and other remedies as we deem appropriate. Your consumption of G Cloud Products or Services may be deemed excessive if, within any month, your usage greatly exceeds the average level of monthly usage of G Cloud customers, generally. We monitor the usage of our heaviest Unlimited account users, a dynamic margin is calculated based upon averages which, should a user fall into, we may require them to cease backup or move onto a business account. In the event you are deemed to have violated this policy, we reserve the right to offer an alternative pricing plan or G Cloud Product or Service that will permit you to continue to use G Cloud Products or Services. Although violations of this policy have been infrequent, we reserve the right to terminate or suspend your license to use G Cloud Products or Services and any license to use the G Cloud Software, without prior notice in the event of a violation of this policy. If G Cloud believes that you have breached our Fair Use Policy and the user has not switched to a Business Service, G Cloud will allow the user 14 days from the date of first communication to retrieve their data before deletion of the user’s account and data. The first notice will be sent 14 days before account deletion and the second notice will be sent 2 days before account deletion. All communications will be sent to the email address attached to the user’s account. G Cloud has a zero-tolerance policy and will immediately terminate accounts that violate the law in any way, including storing, publishing, or sharing material that’s fraudulent, defamatory, misleading, or that violates the privacy or infringes the rights of others.General
These Terms, which incorporate the Privacy Policy, Product Agreement, and Frequently Asked Questions (FAQs), each of which you can access by clicking on these links or navigating the tabs above, constitute the entire understanding of the parties and supersede all prior and contemporaneous written and oral agreements with respect to the subject matter hereof. In particular, if you are a current licensee of G Cloud Products, these Terms shall supersede your existing license agreement and that agreement shall be of no further force or effect. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of these Terms. As used in these Terms, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” If one or more of the provisions herein shall be held invalid, illegal, or unenforceable in any respect, the validity, legality, and enforcement of the remaining provisions shall not be affected or impaired. The failure to enforce or the waiver by either party of a default or breach of the other party shall not be considered to be a waiver of any subsequent default or breach. If you or G Cloud cannot perform its obligations under these Terms because of any act of God, accident, strike, court order, fire, riot, war, failure of third party equipment, or any other cause not within the affected party’s reasonable control and that could not be avoided through the exercise of reasonable care and diligence (a “Force Majeure Event”), then the non-performing party will: (i) promptly notify the other party; (ii) take reasonable steps to resume performance as soon as possible; and (iii) not be considered in breach during the duration of the Force Majeure Event. If a Force Majeure Event continues for five (5) or more business days, G Cloud may terminate your subscription to the G Cloud Products and these Terms by providing written notice to you. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES SET FORTH HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT. The following provisions shall survive termination or expiration of this Agreement: Account Access and Ownership; Effect of Non-Renewal or Termination; Disclaimer of Warranties; Indemnification; Limitation of Liability; Governing Law and Arbitration; and Additional Terms. Any inconsistency between these Terms in English and these terms in any other language shall, to the fullest extent permitted by applicable law, be resolved by reference to the English version.Third Party Software Credits
The following is a list of the third-party software and images we have included in G Cloud’s products/website. We are thankful to all individuals that have created these. These components require that their credits are to be included on our site: xDelta: http://code.google.com/p/xdelta/ AlphaVSS: Copyright (c) 2008-2011 Peter Palotas Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. Revised on 1st June 2024Terms of Service for G Cloud
These terms of service (“Terms”) are a legal agreement between you, either an individual or a single legal entity (“You” or “you”), and Genie9 Ltd. (“G Cloud”). Genie9 Ltd. operates the G Cloud online services and is referred to in these Terms as “G Cloud.” These Terms govern your use of any G Cloud online services (“Services”), the G Cloud website (“Site”), the client software distributed with this Agreement, and any other software provided by G Cloud, including any updates and any accompanying written documentation (“Software”). Collectively, the Software, the Site, and the Services may be referred to as the “Products.” By clicking the “I AGREE” or similar button, or using any Products, you agree to these Terms. If you do not agree to these Terms, then do not indicate acceptance and do not use the Products. If you agree to these Terms on behalf of a legal entity, you represent that you have the authority to bind that legal entity to these Terms.
Registration and Account Security
You must register with G Cloud to use the Services, and you agree to keep your registration information accurate, complete, and up-to-date as long as you continue to use the Services. G Cloud currently offers a free personal account with limited storage capacity (“Free Account”) and various fee-bearing accounts offering larger storage capacities and other feature enhancements (“Paid Accounts”). If you sign up for a Paid Account, you agree to pay the fixed subscription and variable usage-based fees with a 30-day money-back period, if any, for the account type you have selected and agree to any applicable restrictions, including quotas on the amount of storage you are allowed to use. If you exceed any quota allocated to your account, you agree that G Cloud may restrict your ability to backup further data until you reduce your storage usage or upgrade your account. If you use a credit card for payment, you authorize G Cloud to automatically renew your subscription and charge the then-current renewal fees to the credit card associated with your account unless you notify G Cloud in advance that you do not want your subscription renewed.
Security
You are responsible for keeping your passwords secure, and you agree not to disclose your passwords to any third party. You are solely responsible for any activity that occurs under your usernames and accounts, including any sub-accounts. If you lose your passwords or the encryption keys for your accounts, you may not be able to access your backup data. You must notify G Cloud immediately of any unauthorized use of your accounts or any other security breach related to the Service. If G Cloud determines that a security breach has occurred or is likely to occur, G Cloud may suspend your accounts and require you to change your usernames and passwords.
Privacy
You agree that G Cloud’s collection, use, and disclosure of your personal information, backup data, or any other data will be governed by G Cloud’s Privacy Policy, which is incorporated into these Terms by reference.
License and Restrictions
Subject to these Terms, G Cloud grants you a limited, non-exclusive, non-transferable, and revocable license to access the Site and use the Services and Software. You may install and use the Software in executable form only on the number and type of devices that are specified in the then-current documentation for your account type as described on the Site or as specified in other transaction documentation provided by G Cloud or an authorized reseller. You acknowledge that certain third-party code may be provided with the Software and that the license terms accompanying that code will govern its use.
You acknowledge that G Cloud or third parties own all right, title, and interest in and to the Products, including all intellectual property rights. Except for the license granted in these Terms, G Cloud and its licensors retain all rights in the Products, and no implied licenses are granted to you.
You specifically agree that you will not, nor will you permit another person to:
- Sublicense, lease, rent, loan, transfer, or distribute any portion of the Products;
- Modify, adapt, translate, or create derivative works from the Products;
- Decompile, reverse engineer, disassemble, or otherwise attempt to derive source code from the Products; or
- Remove, obscure, or alter any trademark, copyright, or other proprietary rights notices displayed in the Software or on the Site.
User Conduct
You are solely responsible for your conduct related to the Service and any backup data you store on the Service. You specifically agree that you will not use the Products to:
- Violate any laws or regulations;
- Infringe the intellectual property or other rights of third parties;
- Transmit any material that contains viruses or other harmful computer code or files such as Trojan horses, worms, or time bombs.
G Cloud respects the intellectual property of others and requires that users of the Service do the same. When you use the Products, you may not upload, store, share, display, post, e-mail, transmit, or otherwise make available any material that infringes any copyright, patent, trademark, trade secret, or other proprietary rights of any person or entity. In appropriate circumstances, G Cloud will terminate the accounts of infringers.
Indemnification
You agree to defend, indemnify, and hold G Cloud, its suppliers, resellers, partners, and their respective affiliates harmless from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney fees and costs, in connection with:
- Your use of the Products;
- Your violation of these Terms;
- Your violation of any third-party right, including any intellectual property right; or
- Any claim that use of your backup data caused damage to a third party.
This indemnity obligation will survive the termination or expiration of your account and these Terms.
Modification and Termination
G Cloud reserves the right at any time to modify, suspend, or discontinue providing the Service, in whole or in part, without notice. While not obligated to do so, G Cloud will use commercially reasonable efforts to notify you of any such action by sending you an e-mail, an in-client message, or by posting relevant information on the Site.
G Cloud reserves the right to modify these Terms at any time, and each such modification will be effective upon posting on the Site. All material modifications will apply prospectively only. Your continued use of any Products following any such modification constitutes your agreement to be bound by the modified Terms. To stay informed of any changes, please review the most current version of these Terms posted on the Site. If you do not agree to be bound by these Terms, you must stop using the Products immediately.
Termination
These Terms, and any posted revisions, remain in effect as long as you continue to maintain an account or use the Services. You may terminate your account at any time, for any reason, by following the instructions on the Site and discontinuing the use of the Products.
If you have a Free Account, G Cloud may terminate your account and these Terms immediately and without notice if G Cloud software fails to access the Service or to perform a backup for more than thirty (30) days (G Cloud is not actively installed on your computer) or you fail to comply with these Terms. If you have a Paid Account (Premium or Business), G Cloud may terminate your account and these Terms after thirty (30) days and without notice if you fail to renew your subscription, fail to pay any fees or invoices when due, or otherwise fail to comply with these Terms.
On termination or expiration of your account or these Terms, you will no longer have the right to continue to use the Software and the Services, and you will no longer be able to access and restore your backup data. Also, you specifically agree that G Cloud has no obligation to provide you or anyone else with a copy of your backup data and may automatically purge your backup data from G Cloud systems.
Disclaimer of Warranties
YOU SPECIFICALLY AGREE THAT YOUR USE OF THE PRODUCTS IS AT YOUR SOLE RISK, AND THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. G CLOUD, ITS SUPPLIERS, RESELLERS, PARTNERS, AND THEIR RESPECTIVE AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, G CLOUD, ITS SUPPLIERS, RESELLERS, PARTNERS, AND THEIR RESPECTIVE AFFILIATES MAKE NO WARRANTY THAT (A) THE PRODUCTS WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE PRODUCTS WILL BE TIMELY, UNINTERRUPTED, SECURE, OR ERROR-FREE; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE PRODUCTS WILL BE ACCURATE OR RELIABLE; AND (D) ANY DEFECTS OR ERRORS IN THE PRODUCTS WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE PRODUCTS ARE NOT INTENDED OR SUITABLE FOR USE IN APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
Limitation of Liability
YOU SPECIFICALLY AGREE THAT G CLOUD, ITS SUPPLIERS, RESELLERS, PARTNERS, AND THEIR RESPECTIVE AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF THE PARTY YOU ARE SEEKING DAMAGES AGAINST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR INABILITY TO USE THE PRODUCTS OR IN ANY WAY RELATING TO THE PRODUCTS.
IF YOU HAVE A PAID ACCOUNT, YOU AGREE THAT THE AGGREGATE LIABILITY OF G CLOUD, ITS SUPPLIERS, RESELLERS, PARTNERS, AND THEIR RESPECTIVE AFFILIATES FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE PRODUCTS IS LIMITED TO THE AMOUNT PAID FOR THAT ACCOUNT DURING THE 30-DAY PERIOD BEFORE THE RELEVANT CLAIM. IF YOU HAVE A FREE ACCOUNT, YOU AGREE THAT THE AGGREGATE LIABILITY OF G CLOUD, ITS SUPPLIERS, RESELLERS, PARTNERS, AND THEIR RESPECTIVE AFFILIATES FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE PRODUCTS IS LIMITED TO ONE US DOLLAR ($1). YOU SPECIFICALLY AGREE THAT THIS DAMAGES LIMITATION IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND G CLOUD.
Export Control
You acknowledge that use of the Products may be subject to the export and import laws of the United Kingdom and other countries. You agree to comply with all export and import laws and regulations. In particular, you acknowledge that the Products may not be exported or re-exported to any U.K. embargoed countries or to anyone on the U.K. Treasury Department’s list of Specially Designated Nationals or the U.K. Department of Commerce Denied Persons List or Entity List. By using the Products, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Products for any purposes prohibited by U.K. law, including the development, design, manufacture, or production of missiles, nuclear, chemical, or biological weapons.
Governing Law and Dispute Resolution
These Terms and the relationship between you and G Cloud will be governed by the laws of the United Kingdom, excluding its conflicts of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in London to resolve any dispute or claim arising from these Terms. As to intellectual property rights, you specifically agree that G Cloud may file an action in any jurisdiction to protect or enforce its rights. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms.
Miscellaneous
These Terms constitute the entire agreement between you and G Cloud and completely replace any prior agreements between you and G Cloud in relation to the Products. If any part of these Terms is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect. The failure of G Cloud to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to this agreement. You agree that any claim or cause of action related to these Terms or the use of the Products must be filed within one (1) year after the cause of action arose or be forever barred.
You may not assign or transfer any of your rights or obligations under these Terms to a third party without the prior written consent of G Cloud. G Cloud may freely assign this Agreement.
Last Revised July 15, 2024
G Cloud DMCA Policy
Genie9 Ltd. (“G Cloud”) respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (DMCA), G Cloud will respond expeditiously to claims of copyright infringement committed using the G Cloud service and/or the G Cloud website (the “Site”) if such claims are reported to G Cloud’s Designated Copyright Agent via the contact information provided below.Reporting Copyright Infringements
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to G Cloud’s Designated Copyright Agent. Upon receipt of Notice as described below, G Cloud will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.DMCA Notice of Alleged Infringement (“Notice”)
- Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
- Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
- Deliver this Notice, with all items completed, to G Cloud’s Designated Copyright Agent:
Counter-Notice
If you believe that your material that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Designated Copyright Agent:- Your physical or electronic signature.
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled.
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content.
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in London, UK, and a statement that you will accept service of process from the person who provided the original DMCA Notice or an agent of such person.
- Promptly investigate the alleged infringement.
- Take appropriate action, in our sole discretion, which may include removing or disabling access to the allegedly infringing material.
- Notify the user who posted the allegedly infringing material.
Privacy Statement
Genie9 Ltd. (“G Cloud”) respects your privacy and is committed to protecting the personal information you share with us. This privacy statement explains how we collect, use, and safeguard your information.What This Privacy Statement Covers
This privacy statement covers the treatment of personally identifiable information collected by G Cloud through its website and online services. It does not apply to the practices of companies that G Cloud does not own or control, or to individuals that G Cloud does not employ or manage, including any third-party content contributors bound by contract and any third-party websites linked to from G Cloud’s websites.Collection and Use of Personal Information
You can visit G Cloud’s website without revealing any personal information. However, certain G Cloud services require personal information if you wish to register for a member account, receive newsletters, purchase a product, or use specific services. Where required, this information may include your company contact information and personal contact information. G Cloud will use this information to respond to your inquiries, set up your account, provide you with requested services, and contact you regarding new services.Information Sharing and Disclosure
G Cloud will not share any personal information with third parties without your explicit permission, except when required by law or in the good-faith belief that such action is necessary to comply with legal processes or protect G Cloud’s rights.Changes to This Privacy Statement
G Cloud may update this privacy statement at any time, without notice. Please review this statement periodically. Your continued use of G Cloud services after any amendments signifies your acceptance of the changes.Legal Notices
Notice of Copyright
The G Cloud website, all data contained therein, and all software distributed through said website are ©2010-2024 Genie9 Ltd. G Cloud® is a Registered United States Trademark. The following product names are service marks of Genie9 Ltd: Genie Timeline Free, Genie Timeline Home, Genie Timeline Pro, Genie Backup Manager Home, Genie Backup Manager Professional, Genie Backup Manager Server, MS SQL Server Plugin, and MS Exchange Plugin. Any use, reuse, distribution, redistribution, modification, or external linking of images and/or other data, without express written permission from Genie9 Ltd., is a violation of US and International Copyright Laws. Violators will be prosecuted to the fullest extent of these laws.Export Control Laws
Products, including software and documentation available on the G Cloud website, are subject to export controls administered by the United States and other countries. Export, re-export, or import of certain products may require action on your behalf prior to purchase, and it is your responsibility to comply with all applicable international, national, state, regional, and local laws, and regulations, including any applicable import and use restrictions. G Cloud products are currently prohibited for export or re-export to Cuba, North Korea, Iran, Iraq, Libya, Syria, and Sudan, or to any country subject to relevant trade sanctions. G Cloud’s products are also prohibited for export or re-export to any person or entity on the U.S. Department of Commerce Denied Persons, Entities, and Unverified Lists, the U.S. Department of State’s Debarred List, or on the U.S. Department of Treasury’s lists of Specially Designated Nationals, Specially Designated Narcotics Traffickers, or Specially Designated Terrorists. By downloading or using products from this site, you are agreeing to comply with all applicable export control laws. For more information on export laws, please contact the U.S. Department of Commerce, Bureau of Industry and Security (BIS). More information on BIS can be found at: http://www.bis.doc.gov.End User License Agreement
PLEASE READ THIS DOCUMENT (“AGREEMENT”) CAREFULLY BEFORE USING THE SOFTWARE PROVIDED ALONG WITH THIS AGREEMENT (“SOFTWARE”). BY CLICKING “I ACCEPT THE TERMS IN THE LICENSE AGREEMENT”, YOU AGREE TO THE TERMS OF THIS AGREEMENT AND TO THE G CLOUD PRIVACY POLICY, WHICH IS INCORPORATED IN THIS AGREEMENT AND CAN BE FOUND AT G CLOUD’S WEBSITE (HTTP://WWW.GCLOUDBACKUP.COM/ABOUTUS/LEGAL.HTML). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY DELETE AND DESTROY ALL COPIES OF THE SOFTWARE.Versions of the Software
There are two versions of G Cloud (registered and evaluation), each of which is subject to this Agreement. UPON ORDERING, DOWNLOADING, INSTALLING, OR USING ANY VERSION OF THE SOFTWARE, YOU ARE REAFFIRMING THAT YOU ARE BOUND TO THE TERMS OF THIS AGREEMENT. The registered version requires registration with G Cloud, which includes payment of the then-current license fee. The evaluation version is the only version provided without charge; however, it is not free software. All rights and licenses to the evaluation version automatically expire 30 days after the first installation, after which you must register with G Cloud and pay the then-current license fee.License to Use
One copy of the evaluation version of G Cloud may be used by a single person for evaluation purposes without charge for up to 30 days. Subsequent downloads of the evaluation version by or for the same user do not extend, renew, or otherwise restart the term of the license for the evaluation version. One copy of the registered version of G Cloud may be used by a single person who uses the software personally. The registered version may not be rented, loaned, leased, licensed, or otherwise used by anyone other than the individual who has registered the software. Site licenses for G Cloud may be obtained from G Cloud, which covers multiple users at one location or within a business entity. You may make a reasonable number of copies of the registered version of the software for backup and archival purposes. You also agree that you may not reverse assemble, reverse compile, or otherwise translate the Program.No Additional Licenses
All rights to the G Cloud software and documentation not expressly granted under this Agreement are reserved to G Cloud. You may not translate, decompile, disassemble, or reverse engineer the G Cloud software or documentation.Costs of Litigation
If any action is brought by either party to this License Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation.Disclaimer of Warranty
THIS SOFTWARE AND ACCOMPANYING DOCUMENTATION ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. BECAUSE OF THE VARIOUS HARDWARE AND SOFTWARE ENVIRONMENTS INTO WHICH G CLOUD MAY BE USED, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED. IN PARTICULAR, G CLOUD SHALL HAVE NO LIABILITY FOR ANY DATA STORED OR PROCESSED WITH THIS SOFTWARE, INCLUDING THE COSTS OF RECOVERING SUCH DATA. THE USER MUST ASSUME THE ENTIRE RISK OF USING THIS PROGRAM. ANY LIABILITY OF G CLOUD WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE.No Liability for Consequential Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL G CLOUD OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) REGARDLESS OF CAUSE OR FORM OF ACTION, INCLUDING CONTRACT, TORT, OR NEGLIGENCE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF G CLOUD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH CASE, G CLOUD’S LIABILITIES WILL BE LIMITED BY THE ABOVE LIMITATION OF REMEDIES PROVISION.Limitation of Liability
G CLOUD’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS END USER LICENSE SHALL NOT EXCEED ONE DOLLAR (US $1.00). USE OF THIS PRODUCT FOR ANY PERIOD CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AND SUBJECTS YOU TO ITS CONTENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THIS LANGUAGE MAY NOT APPLY.US Government Restricted Rights
Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subdivision (b)(3)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013.Third-Party Software Credits
The following is a list of the third-party software and images included in G Cloud’s products/website. We are thankful to all individuals that have created these. These components require that their credits are included on our site:- xDelta: http://code.google.com/p/xdelta/
- AlphaVSS:
- Copyright (c) 2008-2011 Peter Palotas
- Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
- Free Commercial Icons:
- Templay.de www.templay.de
- Crystal Project Icons:
- AUTHOR: Everaldo Coelho
- SITE: http://www.everaldo.com
- CONTACT: ever