Page 1 of 5 IMPORTANT ? PLEASE READ CAREFULLY 29-03 ...

IMPORTANT – PLEASE READ CAREFULLY
thereof.
10. Indemnity. You agree that SoonR shall have no liability whatsoever for any use You make of the SoonR
Software or SoonR Services. You agree to indemnify, defend and hold SoonR harmless from and against any
and all claims, damages, liabilities, and costs and fees (including reasonable attorneys' fees), in connection
with or arising out of Your (a) violation or breach of any term of this Agreement or any applicable law or
regulation, whether or not referenced herein, or (b) violation of any rights of any third party, (c) use or misuse
of the SoonR Software, or (d) any upload, download or dissemination or Your Content by means of the SoonR
Software.
11. WARRANTY DISCLAIMER. THE SOONR SOFTWARE AND SOONR SERVICES ARE PROVIDED "AS
IS", WITHOUT WARRANTY OF ANY KIND, AND SOONR HEREBY DISCLAIMS ALL EXPRESS OR
IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, QUALITY, PERFORMANCE, ACCURACY, RELIABILITY, AND
NON-INFRINGEMENT. SOONR MAKES NO WARRANTY THAT THE SOONR SERVICES WILL BE
AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR OTHERWISE MEET
YOUR EXPECTATIONS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF
THIS AGREEMENT. AS SOME JURISDICTIONS DO NOT ALLOW SOME OF THE EXCLUSIONS OR
LIMITATIONS ABOVE, THEY MAY NOT APPLY TO YOU.
12. LIMITATION OF LIABILITY. IN NO EVENT SHALL SOONR OR ITS AFFILIATES, SUPPLIERS OR
DISTRIBUTORS (OR ANY OF THE FOREGOING ENTITIES' OFFICERS, DIRECTORS, EMPLOYEES, OR
AGENTS) BE LIABLE FOR ANY INDIRECT DAMAGES, INCLUDING, BY WAY OF ILLUSTRATION AND
NOT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES,
ARISING OUT OF THE DOWNLOAD, USE, OR INABILITY TO USE THE SOONR SOFTWARE AND
SOONR SERVICES. IN NO EVENT WILL THE MAXIMUM CUMULATIVE LIABILITY OF SOONER UNDER
THIS AGREEMENT, THE PRIVACY POLICY, OR ANY TERMS OF SERVICE, EXCEED THE FEES YOU'VE
PAID TO SOONR, OR IF NONE PAID, $10. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY
PROBLEMS OR DISSATISFACTION WITH THE SOONR SOFTWARE OR ANY SOONER SERVICE IS TO
DEINSTALL AND CEASE USE OF THE SOONR SOFTWARE. SOME STATES OR JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
13. Term and Termination. This Agreement shall continue until terminated as set forth in this section.
13.1 Termination by You. You may terminate this Agreement at any time by deleting the SoonR Software from
Your computer. See Section 8 of this agreement for details. In the event You choose to terminate Your
account, SoonR reserves the right to retain data required for account settlement or billing purposes. To delete
Your account, send an email to support@skyfiles.dk.
13.2 Termination by SoonR. Without limiting other remedies, SoonR may limit, suspend, or terminate this
Agreement and Your use of SoonR Software, prohibit access to SoonR Website and delete Your user
account, effective immediately, if we think that You are in breach of this Agreement, creating problems,
possible legal liabilities, acting inconsistently with the letter or spirit of our policies (which can be found at
https://www.skyfiles.dk), infringing someone else's intellectual property rights, engaging in fraudulent, immoral
or illegal activities, or for other similar reasons. SoonR shall effect such termination by providing notice to You
to the email address You have provided, and/or by preventing Your access to the Your SoonR user account.
SoonR reserves the right to cancel user accounts that have been inactive for more than one (1) year.
13.3 Effect of Termination. Upon termination of this Agreement, (a) You acknowledge and agree that all
licenses and rights to use the SoonR Software shall terminate, and (b) You will cease any and all use of the
Software, and (c) You will remove the SoonR Software from all hard drives, networks and other storage media
and destroy all copies of the SoonR Software in Your possession or under Your control. Sections 9, 10, 11,
12, 13.3, 17 and 18 shall survive termination of this Agreement.
13.4 No Liability. SoonR will not be liable for any damages caused by the termination of this Agreement.
Page 3 of 5
14. New Versions of the Agreement. SoonR reserves the right to make changes to this Agreement at any time
by providing such revised Agreement to You or by publishing the revised Agreement on the SoonR Website.
The revised Agreement shall become effective within thirty (30) days of such publishing or provision to You,
unless You expressly accept the revised Agreement earlier by clicking on the accept button. The express
acceptance by You, or Your continued use of the SoonR Software after expiration of the thirty (30) day notice
file://C:\Documents and Settings\caen09\Desktop\SKYfiles\EULA_en-us.html
29-03-2010