This is a legal agreement between you, the END USER or LICENSEE, and GEARMAGE, LLC (“Gearmage”). By installing or using any Gearmage software (the “SOFTWARE”), you acknowledge that you have read, understood, and agree to the following terms.
- Grant of License
- Gearmage grants you a limited, non-exclusive, non-transferable license to use the SOFTWARE for either:
- Personal/non-commercial use, if no commercial license has been purchased.
- Commercial use, if a valid commercial license has been purchased.
- The SOFTWARE is considered in use when loaded into memory or installed on a system.
- Limited Installs
- Installation and use may not exceed the number of licenses purchased or granted.
- Additional licenses must be purchased for additional installations.
- Scope of Services
- Gearmage software products perform specific functions as described in the product sections below.
- All processing occurs only within storage locations configured by the End User or Licensee (e.g., local device, network share, or other chosen storage).
- The SOFTWARE may access and process user data (such as email messages, attachments, or documents) strictly for the purpose of performing its intended functions, as configured by the End User or Licensee. Gearmage does not transmit this content to its own servers, nor does Gearmage permanently store such content. For more information on how data is handled, please review our Privacy Policy at https://gearmage.com/privacy.html.
- User Responsibility
You are solely responsible for:- Configuring the SOFTWARE appropriately for your intended use.
- Ensuring you have the legal right to download, store, convert, or process the data used with the SOFTWARE.
- Being aware of and continually monitoring what you are downloading, converting, or processing, even when the SOFTWARE performs such actions in a background process as configured or directed by you.
- Managing, monitoring, scanning, storing, securing, and backing up files, emails, or documents processed by the SOFTWARE.
- Verifying the accuracy, completeness, and legality of any data downloaded, processed, stored, or converted using the SOFTWARE.
- Ensuring that your use of the SOFTWARE complies with all applicable laws, regulations, and the terms of any third-party services (such as email providers or cloud platforms) you connect to the SOFTWARE.
- Acknowledging that Gearmage shall not be responsible for any loss, corruption, unauthorized disclosure, or misuse of data processed by the SOFTWARE.
- Prohibited Uses
You may not:- Use the SOFTWARE in connection with any unlawful, fraudulent, infringing, harmful, or unauthorized activities, including but not limited to processing, storing, transmitting, or distributing illegal, unauthorized, or harmful content.
- Use the SOFTWARE in a manner that violates applicable laws or regulations, including data protection, intellectual property, and privacy laws.
- Misrepresent your identity, misstate the origin of the SOFTWARE, or claim ownership of the SOFTWARE.
- Resell, redistribute, sublicense, modify, reverse engineer, decompile, or disassemble the SOFTWARE, except where such restrictions are prohibited by applicable law.
- Proprietary Rights
The SOFTWARE is owned exclusively by Gearmage, LLC. This license does not transfer any ownership of the SOFTWARE to the End User or Licensee. - No Warranty
THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FUNCTIONALITY, COMPATIBILITY, ACCURACY, OR DATA FIDELITY IS NOT GUARANTEED. - Limitation of Liability
- General Limitation
To the maximum extent permitted by law, GEARMAGE, LLC and its suppliers shall not be liable for any indirect, incidental, special, or consequential damages (including but not limited to lost profits, business interruption, loss of data, or loss of goodwill) arising out of or related to the use or inability to use the SOFTWARE, even if GEARMAGE has been advised of the possibility of such damages. - Cap on Liability
For paid licenses, GEARMAGE’s total aggregate liability for direct damages shall not exceed the license fees actually paid by the End User or Licensee for the SOFTWARE. For free versions of the SOFTWARE, GEARMAGE shall have no liability for direct damages. - Consumer Protection Exception
Nothing in this Agreement shall exclude or limit liability that cannot be excluded or limited by applicable law, including but not limited to:- Liability for death or personal injury caused by negligence;
- Liability for gross negligence, willful misconduct, or fraud;
- Statutory rights available to consumers under applicable consumer protection laws, which shall remain unaffected.
- Licenses for Commercial Use Users
Where the SOFTWARE is licensed for commercial use, the LICENSEE acknowledges and agrees that the liability limitations and exclusions set forth above represent a fair allocation of risk, and that the LICENSEE is not entitled to any remedies beyond those expressly provided in this Agreement.
- Security Warning
- Files, emails, documents and attachments processed by the SOFTWARE may contain sensitive or harmful content.
- Gearmage does not scan or filter this content.
- Users are responsible for monitoring, securing, scanning, and managing files in compliance with applicable laws and organizational policies.
- Modification or Discontinuation
Gearmage may modify, update, or discontinue the SOFTWARE at any time with prior notice provided on its website OR without notice. - Governing Law
This Agreement shall be governed by the laws of the jurisdiction where Gearmage is headquartered, without regard to conflict-of-law principles. - Product-Specific Terms
- Mail Attachment Downloader
- Designed to connect to user-authorized email accounts and download messages/attachments as configured.
- Downloaded data remains only in storage locations configured by the End User or Licensee.
- Gear Doc Converter
- Designed to convert documents between formats based on user configuration.
- Converted files remain only in storage locations configured by the End User or Licensee.
(Additional products will be added here as Gearmage expands.)