FileServe Ltd. and its affiliated companies ("FileServe", “we” or “us”) makes available information, materials, and products on this Website, subject to the following terms and conditions. By accessing this Website, you agree to the terms and conditions herein. FileServe Ltd. reserves the right to change these terms and conditions at any time without notice.
Use of Software
Software and accompanying documentation that are made available to download from this Website are the copyrighted work of FileServe Ltd. and/or its affiliates or licensors. Use of the software is governed by the terms of the applicable license agreement, which accompanies or is included with such software. If you do not agree to these terms, you are not authorized to use the software.
Use of Web Site Information
Unless otherwise indicated elsewhere on this Website, you may view, copy, print, and distribute documents available on this Website subject to the following conditions:
The rights granted herein to view, copy, print, and distribute the documents does not include the design or layout of this Website. Elements of this Website are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
Warranties and Disclaimers
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND FILESERVE LTD, ALL INFORMATION AND SOFTWARE ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. FILESERVE LTD ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR SOFTWARE OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS WEB SITE. REFERENCES TO CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL FILESERVE LTD BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE, RELIANCE ON, OR PERFORMANCE OF THIS INFORMATION. THIS WEB SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW EDITIONS OF THIS WEB SITE. FILESERVE LTD MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED IN THIS WEB SITE AT ANY TIME.
This Web site can be accessed from countries around the world and may contain references to products, services, and programs that are not available in your country. These references do not imply that FileServe Ltd intends to make such products, services, or programs available in your country.
FileServe Manager and any third party who makes its software available in conjunction with or through the FileServe Manager disclaim any responsibility for any harm resulting from your use of the FileServe Manager and/or any third party software accessed in conjunction with or through the FileServe Manager.
THE FILESERVE MANAGER AND ANY THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE FILESERVE MANAGER ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. FILESERVE MANAGER AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. FILESERVE MANAGER AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE FILESERVE MANAGER DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF FILESERVE MANAGER AND SUCH THIRD PARTY SOFTWARE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE FILESERVE MANAGER AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE FILESERVE MANAGER AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF FILESERVE MANAGER AND SUCH THIRD PARTY SOFTWARE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL FILESERVE MANAGER OR ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE FILESERVE MANAGER BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF FILESERVE MANAGER OR SUCH THIRD PARTY SOFTWARE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF FILESERVE MANAGER AND/OR A THIRD PARTY SOFTWARE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE FILESERVE MANAGER AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE FILESERVE MANAGER, FROM INABILITY TO USE FILESERVE MANAGER AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE FILESERVE MANAGER, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF FILESERVE MANAGER AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE FILESERVE MANAGER (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Automatic Communication Features
The Software consists of interactive Internet applications that perform a variety of communications over the Internet as part of their normal operation. You can select to install those communication features in option. By installing and/or using the Software, you consent to the Software's communication features. Once you log into the Software, user information including your user profile and email contacts may be sent in communications with servers. This information is used to access your regular account, content, services, features, and other personalized services. It may match the user ID to personally identifiable information in order to provide you with products, services, and software that you're entitled to and to provide you with relevant information. You are responsible for any telecommunications or other connectivity charges incurred through use of the Software. FileServe Homepage Protection Service helps to check if another program is trying to reset the homepage and blocks it and makes the user aware. To uninstall this service please select "Home Protection Service" from your Add/Remove Programs.
U.S. Government Rights
FileServe Ltd is a "commercial item" as that term is defined at 48 C.F.R. 2.101. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire FileServe and any related documentation with only those rights set forth in this License.
FileServe is subject to certain export restrictions of the United States Government. If you are (a) in a country to which export from the United States is restricted for anti-terrorism reasons, or a national of any such country, wherever located, (b) in a country to which the United States has embargoed or restricted the export of goods or services, or a national of any such country, wherever located, or (c) a person or entity who has been prohibited from participating in United States export transactions by any agency of the United States Government, then you may not install, download, access, use, or license any software under FileServe Ltd. By accepting this License, you warrant and represent to FileServe Ltd that (1) you do not match the criteria set forth in (a), (b), or (c) above, (2) that you will not export or re-export FileServe Ltd software to any country, person, or entity subject to U.S. export restrictions, including those persons and entities that match the criteria set forth in (a), (b), or (c) above, and (3) that neither the United States Bureau of Industry and Security, nor any other U.S. federal agency, has suspended, revoked, or denied your export privileges.
Links to Third-Party Web Sites
FileServe Ltd Websites (including but not limited to www.fileserve.com, www.fileservemanager.com, www.servezip.com) may contain links to third-party Websites, which are not under the control of FileServe Ltd. FileServe Ltd makes no representations whatsoever about any other Website to which you may have access through FileServe Ltd Websites. When you access a non-FileServe Ltd Website, you do so at your own risk and FileServe Ltd is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites. FileServe Ltd provides these links merely as a convenience and the inclusion of such links does not imply that FileServe Ltd endorses or accepts any responsibility for the content or uses of such Websites.
The products, brand names, trademarks, logos and service marks ("Marks") displayed on this Website are the trademarks or registered trademarks of FileServe Ltd or other third parties. You are not permitted to use the Marks without the prior written consent of FileServe Ltd or such third party which may own the Marks. Appearance of third party trademarks on this Website does not constitute an endorsement or a recommendation of those third parties and is not intended to imply that such third parties endorse or have any affiliation with FileServe Ltd unless otherwise specified.
Microsoft, Windows, Windows Vista, Excel, PowerPoint, Outlook, Internet Explorer, the Windows logo and the Windows Vista Start button are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries.
Intel and Pentium are registered trademarks of Intel Corporation or its subsidiaries in the United States and/or other countries.