DropFile Legal
End User License Agreement
END USER LICENSE AGREEMENT
DropFile
Van Dien io LLC
PLEASE READ THIS END USER LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE INSTALLING OR USING DROPFILE. BY INSTALLING, COPYING, OR OTHERWISE USING DROPFILE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL OR USE DROPFILE.
1. Parties
This Agreement is entered into between Van Dien 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”).
2. Grant of License
Subject to the terms and conditions of this Agreement, Van Dien 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:
- Copy or reproduce the Software except as expressly permitted herein;
- Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software;
- Rent, lease, lend, sell, sublicense, assign, or otherwise transfer the Software or any rights therein to any third party;
- Remove or alter any proprietary notices, labels, or marks on the Software;
- Use the Software for any commercial purpose or for any public display, performance, or service.
3. Ownership and Intellectual Property
The Software is licensed, not sold. Van Dien 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 Van Dien io LLC.
4. Payment and Pricing
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:
- All fees are quoted in U.S. Dollars (USD) and are due at the time of purchase.
- Your purchase is complete upon receipt of full payment and delivery of a valid license key or download link.
- Prices are subject to change without notice; however, any change will not affect purchases already completed.
- Van Dien io LLC does not provide ongoing software updates or new version upgrades as part of a one-time purchase unless explicitly stated at the time of sale.
5. Refund Policy
Due to the digital nature of the Software, all sales are generally final. However, Van Dien io LLC may, at its sole discretion, offer a refund under the following circumstances:
- You request a refund within fourteen (14) days of your original purchase date;
- The Software fails to function as described and the issue cannot be resolved through reasonable technical support;
- You have not used the Software beyond initial installation and testing.
To request a refund, you must contact Van Dien 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.
6. Data Collection and Privacy
Van Dien io LLC is committed to protecting your privacy. This section describes the types of data the Software may collect and how it is used.
6.1 Data Collected
The Software may collect the following categories of information:
- Usage data: information about how you interact with the Software, including features accessed, session duration, and error reports;
- Device information: operating system version, hardware configuration, and application version;
- Crash and diagnostic data: technical information generated when the Software encounters an error.
6.2 Use of Data
Collected data is used solely for the following purposes:
- Improving Software performance, stability, and features;
- Diagnosing and resolving technical issues;
- Communicating with you regarding support requests or important Software updates.
6.3 Data Sharing
Van Dien 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.
6.4 Your Rights
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.
7. Disclaimer of Warranties
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.
8. Limitation of Liability
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.
9. Indemnification
You agree to indemnify, defend, and hold harmless Van Dien 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.
10. Termination
This Agreement is effective from the date you first install or use the Software and shall remain in effect until terminated. Van Dien 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.
11. Governing Law and Dispute Resolution
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.
12. General Provisions
12.1 Entire Agreement
This Agreement constitutes the entire agreement between you and Van Dien io LLC with respect to DropFile and supersedes all prior or contemporaneous understandings, negotiations, representations, or agreements, whether oral or written.
12.2 Severability
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.
12.3 Waiver
No failure or delay by Van Dien io LLC in exercising any right, power, or privilege under this Agreement shall operate as a waiver thereof.
12.4 Updates to This Agreement
Van Dien 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.
13. Contact Information
If you have any questions about this Agreement, please contact:
Van Dien io LLC
New Jersey, United States
Website: www.vandien.io
Email: info@vandien.io
By installing or using DropFile, you acknowledge that you have read, understood, and agree to be bound by this End User License Agreement.