Terms governing your use of DropFile for Windows.
DropFile
VanDien.io LLC
This Agreement is entered into between VanDien.io LLC, a limited liability company organized under the laws of the State of New Jersey ("Licensor," "we," "us," or "our"), and you, the individual end user ("Licensee" or "you"). This Agreement governs your use of the DropFile desktop software application and any associated documentation, updates, or supplemental services (collectively, the "Software").
Subject to the terms and conditions of this Agreement, VanDien.io LLC hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use one (1) copy of DropFile on a single computer owned or controlled by you, solely for your personal, non-commercial purposes.
This license does not include the right to:
The Software is licensed, not sold. VanDien.io LLC retains all right, title, and interest in and to DropFile, including all intellectual property rights therein. This Agreement does not convey to you any ownership interest in the Software. All rights not expressly granted herein are reserved by VanDien.io LLC.
DropFile is offered as a one-time purchase. Upon payment of the applicable license fee, you will receive a permanent license to use the version of the Software you purchased, subject to the terms of this Agreement.
The following payment terms apply:
Due to the digital nature of the Software, all sales are generally final. However, VanDien.io LLC may, at its sole discretion, offer a refund under the following circumstances:
To request a refund, you must contact VanDien.io LLC at the support contact information provided on our website. Approved refunds will be issued to the original payment method within ten (10) business days. Refund requests submitted after fourteen (14) days of purchase will not be honored.
VanDien.io LLC is committed to protecting your privacy. This section describes the types of data the Software may collect and how it is used.
The Software may collect the following categories of information:
Collected data is used solely for the following purposes:
VanDien.io LLC does not sell, rent, or trade your personal information to third parties. We may share anonymized, aggregated data with service providers who assist us in operating the Software, provided such parties are contractually obligated to maintain confidentiality.
You may request access to, correction of, or deletion of personal information we hold about you by contacting us at the address below. We will respond to all verified requests within thirty (30) days.
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VAN DIEN IO LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. VAN DIEN IO LLC DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, OR BE ERROR-FREE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VAN DIEN IO LLC, ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL VAN DIEN IO LLC'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR DROPFILE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the above limitations may not apply to you to the extent required by law.
You agree to indemnify, defend, and hold harmless VanDien.io LLC and its members, managers, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Software in violation of this Agreement; (b) your violation of any applicable law or regulation; or (c) any third-party claims arising from your use of the Software.
This Agreement is effective from the date you first install or use the Software and shall remain in effect until terminated. VanDien.io LLC may terminate this Agreement immediately and without notice if you materially breach any provision hereof.
Upon termination, you must immediately cease all use of the Software and destroy all copies in your possession or control. Sections 3, 7, 8, 9, 11, and 12 shall survive termination of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles. Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, or validity thereof shall be subject to the exclusive jurisdiction of the state and federal courts located in New Jersey, and you consent to personal jurisdiction in such courts.
This Agreement constitutes the entire agreement between you and VanDien.io LLC with respect to DropFile and supersedes all prior or contemporaneous understandings, negotiations, representations, or agreements, whether oral or written.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
No failure or delay by VanDien.io LLC in exercising any right, power, or privilege under this Agreement shall operate as a waiver thereof.
VanDien.io LLC reserves the right to update or modify this Agreement at any time. We will notify you of material changes by posting the updated Agreement on our website or through the Software. Your continued use of the Software after such notification constitutes your acceptance of the revised Agreement.
If you have any questions about this Agreement, please contact:
By installing or using DropFile, you acknowledge that you have read, understood, and agree to be bound by this End User License Agreement.