End User License Agreement

By accepting this agreement or by using Onyxia or other software offered by or on behalf of OnyxGate (the "Software"), you agree to the following terms, notwithstanding anything to the contrary in this agreement.

The Software is a secure data-transfer gateway application distributed by OnyxGate.

1. License

Subject to your compliance with these terms and conditions, OnyxGate grants you a royalty-free, non-exclusive, non-transferable license to use the Software, solely for your personal, non-commercial purposes. OnyxGate reserves all rights in the Software not expressly granted to you here.

2. Restrictions

The source code, design, and structure of the Software are trade secrets. You will not disassemble, decompile, or reverse engineer it, in whole or in part, except to the extent expressly permitted by law, or distribute it. You will not use the Software for illegal purposes. OnyxGate is not responsible for any illegal use of the Software. You will comply with all export laws. The Software is licensed, not sold.

Any act of harm to persons or property or harassing behavior will definitely result in termination of your service and account.

Use of P2P file sharing services is strongly discouraged. Specifically, use of B i t T o r r e n t clients may result in termination of your service and account.

3. OnyxGate Technologies

Downloading and Updates

The Software downloads only those files that are both authorized by you for download (specifically or by category or subscription), except that the Software automatically updates itself.

4. Disclaimer of Warranty

OnyxGate disclaims any responsibility for harm resulting from the Software or any software or content downloaded using the Software, whether or not OnyxGate approved such software or content. OnyxGate approval does not guarantee that software or content from an approved partner will function, sound, or appear as offered or hoped, or be complete, accurate, or free from bugs, errors, viruses, or other harmful content. OnyxGate expressly disclaims all warranties and conditions, express or implied, including any implied warranties and conditions of merchantability, fitness for a particular purpose, and noninfringement, and any warranties and conditions arising out of course of dealing or usage of trade regarding the Software or any software or content you download using the Software. No advice or information, whether oral or written, obtained from OnyxGate or elsewhere will create any warranty or condition not expressly stated in this agreement. Some jurisdictions do not allow certain limitations on implied warranties, so the above limitation may not apply to you to its full extent.

5. Limitation of Liability

In no event and under no theory of liability will OnyxGate be liable to you for any special, incidental, exemplary, or consequential damages arising out of or in connection with this agreement or the software whether or not OnyxGate has been advised of the possibility of such damages. The foregoing limitations will survive even if any limited remedy specified is found to have failed of its essential purpose. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you to its full extent.

6. General

OnyxGate may make changes to these terms from time to time. When these changes are made, OnyxGate will make a new copy of the terms available at the EULA section of the website (www.OnyxGate.com). You understand and agree that if you use the Software after the date on which the terms have changed, OnyxGate will treat your use as acceptance of the updated terms.