INTERMEDIA: SECURIS YNC EULA

SecuriSync End User License Agreement (EULA)

Thank you for your decision to download software from Intermedia.net, Inc. (for customers
based anywhere other than the United Kingdom (“Non-UK Customers”))) or Intermedia
Technologies Company Ltd (for United Kingdom based customers (“UK Customers”))
(respectively, “Intermedia”). The Intermedia software application that you have
downloaded (the “Application”) enables you to use the Intermedia SecuriSync service (the
“Service”). This End User License Agreement (“EULA”) is incorporated by reference into
the Intermedia Master Services Agreement (available at www.intermedia.net/legal/msa.pdf
for Non-UK Customers; or http://www.intermedia.co.uk/legal/uk/UKMSA.pdf for UK
Customers) or as applicable, a separate written Master Services Agreement that governs
your use of the Service between you or your employer or other entity that has granted you
access to the Services (the “Terms”).

By downloading or using the Application, you:
1. Agree that the Application is licensed, not sold to you, and Intermedia reserves all
rights not expressly granted to you in this EULA or in the Terms. By downloading the
Application, or otherwise accessing or using the Service, you agree that you have
read, understood, and agree to be bound by this EULA and the Terms. You may use
the Application and the Service only as set forth in this EULA and the Terms;
2. Consent to the collection, use, sharing and transfer of your data, as outlined in the
Intermedia Privacy Policy (available at www.intermedia.net/legal/PrivacyPolicy.pdf
for
Non-UK
Customers;
or
http://www.intermedia.co.uk/legal/uk/UKPrivacyPolicy.pdf for UK Customers) as
updated from time to time, which is hereby incorporated by reference;
3. Agree to the policies governing your use of the Service including the Intermedia
Acceptable Use Policy (available at
www.intermedia.net/legal/acceptableusepolicy.pdf for Non-UK Customers; or
http://www.intermedia.co.uk/legal/AcceptableUsePolicy.pdf for UK Customers) and
the Intermedia DMCA policy (available at www.intermedia.net/legal/dmcapolicy.pdf
for Non-UK Customers; or http://www.intermedia.co.uk/legal/DMCAPolicy.pdf for
UK Customers) as such policies may be updated from time to time;
4. Agree that the Application may contain third party content, and that Intermedia is
not responsible for any such content;
5. Agree that your license to use the Application and the Service automatically
terminates if you violate this EULA or the Terms;
6. Agree not to reverse engineer, decompile, or otherwise attempt to discover the
source code of the Service or any part thereof (including this Application), except
and only to the extent that such activity cannot be prohibited by applicable law
notwithstanding this limitation;
7. Agree that third party terms and fees may apply to the use and operation of your

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mobile device in connection with your use of the Application or the Service, such as
your carrier’s terms of services, and fees for phone service, data access, or
messaging capabilities, and that you are solely responsible for payment of any and
all such fees; and
8. Agree to and acknowledge the terms and conditions set forth below.
LICENSE GRANT
Subject to the restrictions set forth in this EULA and the Terms, Intermedia grants you a
limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and
use one copy of the Application in object code format, solely for use in connection with the
Service. Intermedia warrants that the Service will be provided with reasonable care and skill.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
THE APPLICATION AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT
WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
INTERMEDIA DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A
PARTICULAR PURPOSE AND MERCHANTABILITY. UNDER NO CIRCUMSTANCES WILL
INTERMEDIA BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR
PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE
APPLICATION OR THE SERVICE, EVEN IF INTERMEDIA HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL INTERMEDIA’S AGGREGATE
LIABILITY FOR DAMAGES ARISING OUT OF THIS EULA EXCEED THE AMOUNTS PAID BY YOU
FOR THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NOTICE REGARDING APPLE.
If you are using the Application on an iOS device, you acknowledge that you have read,
understood, and agree to the following notice regarding Apple. This EULA is between you
and Intermedia only, not with Apple, and Apple is not responsible for the Service and the
content thereof. Apple has no obligation whatsoever to furnish any maintenance and
support services with respect to the Service. In the event of any failure of the Service to
conform to any applicable warranty, then you may notify Apple and Apple will refund any
applicable purchase price for the Application to you; and, to the maximum extent permitted
by applicable law, Apple has no other warranty obligation whatsoever with respect to the
Service. Apple is not responsible for addressing any claims by you or any third party
relating to the Service or your possession and/or use of the Service, including, but not
limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any
applicable legal or regulatory requirement; and (iii) claims arising under consumer
protection or similar legislation. Apple is not responsible for the investigation, defense,
settlement and discharge of any third party claim that the Service and/or your possession
and use of the Application infringe that third party’s intellectual property rights. You agree
to comply with any applicable third party terms, when using the Service. Apple, and
Apple’s subsidiaries, are third party beneficiaries of this EULA, and upon your acceptance of
this EULA, Apple will have the right (and will be deemed to have accepted the right) to
enforce this EULA against you as a third party beneficiary of this EULA. You hereby
represent and warrant that (i) you are not located in a country that is subject to a U.S.
Government embargo, or that has been designated by the U.S. Government as a “terrorist
supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or
restricted parties.

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SEVERABILITY.
If any one or more of the provisions contained herein will, for any reason, be held to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability will not affect any of the other provisions of this EULA, and this EULA will
be construed as if such provision(s) had never been contained herein, provided that such
provision(s) will be curtailed, limited, or eliminated only to the extent necessary to remove
the invalidity, illegality, or unenforceability.

CONTACTING COMPANY
The Service is offered by:
FOR UK CUSTOMERS:
Intermedia Technologies Company Ltd
4th Floor Imperial House
15 Kingsway
London
WC2B 6UN
or
FOR NON-UK CUSTOMERS:
Intermedia,net, Inc.
825 East Middlefield Road
Mountain View, California 94043
support@intermedia.net

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