BY CHECKING THE BOX, REGISTERING, SIGNING OR USING THE SERVICES, YOU AGREE TO THESE NEO TECHNOLOGY, INC. NEO4J BROWSER SYNC TERMS OF SERVICE (“TERMS”). YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS WITH NEO TECHNOLOGY, INC. (“NEO TECHNOLOGY”). THE DATE THAT YOU FIRST AGREE TO THESE TERMS OR USE THE SERVICES IS THE “EFFECTIVE DATE.”

  1. Definitions.
    1. Documentation” means all documentation (if any) associated with the Services.
    2. Services” means Neo Technology’s hosted query service known as Ne4j Browser Sync.
  2. Using the Services. Before using the Services, You must have a separate valid license to use Neo4j software and You should regularly back up Your queries while using the Services. Neo Technology may change the Services and/or features therein and/or discontinue the provision of the Services at any time with or without prior notice to You. Neo Technology may elect in its sole discretion, but is not required, to provide support for the Services.
  3. License. Neo Technology grants You a non-exclusive, non-transferable, limited license (with no sublicense rights) to (i) access and use the Services for internal use; and (ii) use the Documentation in connection with such use of the Services.
  4. Restrictions. You will not: (i) distribute the Services to any third party; (ii) reproduce, modify, translate or create derivative works of all or any portion of the Services; or (iii) remove or destroy any proprietary notices contained on or in the Services or Documentation or any copies thereof. Neo Technology may notify You that Neo Technology is imposing storage and other limitations on Your use of the Services.
  5. Disclaimer of Warranty. NEO TECHNOLOGY PROVIDES THE SERVICES ON AN “AS IS” BASIS. NEO TECHNOLOGY DOES NOT MAKE ANY WARRANTIES REGARDING THE PERFORMANCE OF THE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND NEO TECHNOLOGY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEO TECHNOLOGY HAS NO RESPONSIBILITY FOR LOSS OF QUERIES OR DATA OR INABILITY TO USE THE SERVICES FOR ANY REASONS, INCLUDING, WITHOUT LIMITATION, IF DUE TO THE ACTS OR OMISSIONS OF ITS THIRD PARTY HOSTING PROVIDERS.
  6. Intellectual Property Rights. Neo Technology owns all rights, title and interest in and to the Services and Documentation. There are no implied rights. Neo Technology reserves all rights not expressly granted herein. If You provide us with feedback on Your use of the Services or if we receive any information reported automatically through the Services You give Neo Technology all rights in the feedback and Neo Technology may use Your feedback without obligation to You.
  7. Limitation of Liability; Allocation of Risk.
    1. Limitation of Liability. NEO TECHNOLOGY IS NOT LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, OR DAMAGES ARISING FROM LOSS OF USE, LOSS OF QUERIES, CONTENT OR DATA OR ANY ACTUAL OR ANTICIPATED DAMAGES, REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH DAMAGES MAY BE BASED, AND EVEN IF NEO TECHNOLOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ALL CASES, NEO TECHNOLOGY’S DIRECT DAMAGES SHALL NOT EXCEED ONE HUNDRED DOLLARS (US $100.00).
    2. Allocation of Risk. Section 7.1 on limitation of liability and Section 5 above on warranty disclaimer fairly allocate the risks in these Terms. This allocation is an essential element of the basis of the bargain between the parties and that the limitations specified in this Section 7 shall apply notwithstanding any failure of the essential purpose of these Terms or any limited remedy hereunder.
    3. Confidentiality. The Services are the Confidential Information of Neo Technology and You agree that You will not disclose any information about the Services to any third party without Neo Technology’s express written consent. You own Your queries that You upload to the Services and You can read about how Neo Technology uses and stores Your queries in Neo Technology’s privacy policy.
    4. Term and Termination. These Terms start on the Effective Date and continue until terminated. You may terminate these Terms at any time by stopping use of the Services. These terms will terminate immediately if You violate any term of these Terms. Neo Technology may suspend or cease providing the Services altogether and may add or remove functionalities from the Services at any time. Except for Section 3 (“License”), all Sections of these Terms shall survive termination for a period of three (3) years from the date hereof. On termination of these Terms, Neo Technology may destroy all of Your queries that You submit through the Services and You will no longer be able to access or extract Your queries from the Services.
    5. Government End Users. The Services are commercial computer software programs developed solely at private expense. As defined in U.S. Federal Acquisition Regulations (FAR) section 2.101 and U.S. Defense Federal Acquisition Regulations (DFAR) sections 252.227-7014(a)(1) and 252.227-7014(a)(5) (or otherwise as applicable to You), the Services licensed in these Terms is deemed to be “commercial items” and “commercial computer software” and “commercial computer software documentation.” Consistent with FAR section 12.212 and DFAR section 227.7202, (or such other similar provisions as may be applicable to You), any use, modification, reproduction, release, performance, display, or disclosure of such commercial Services or commercial Services documentation by the U.S. government (or any agency or contractor thereof) shall be governed solely by the terms of these Terms and shall be prohibited except to the extent expressly permitted by the terms of these Terms.
    6. General Provisions. Neo Technology may modify these Terms and Neo Technology will post a change notice on the Services page. If You do not agree with the modified Terms, You should stop using the Services. Neo Technology also may send notices to You through Your account on the Services or through email. These Terms are governed by the laws of the State of California, U.S.A. without regard to conflict of laws principles. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms. If any term is not enforceable, the remaining terms are not affected. If Neo Technology does not enforce any right of these Terms, Neo Technology does not waive its rights. You will comply with all export laws. These Terms may not be assigned, sublicensed or otherwise transferred by You. These Terms constitutes the parties’ entire understanding regarding the Services, and supersedes any and all other prior or contemporaneous agreements, whether written or oral.