4shared.com reserves the right to perform statistical analysis of all of its web sites and file hosting systems. We do this to measure the effectiveness of our web sites, to optimize website performance, and to ensure license compliance.
COPYRIGHTS, TRADEMARKS AND ATTRIBUTION
The Client will allow 4shared.com to include the Client’s name and logo on its Client list and Gallery on its web site and marketing materials. Nothing contained herein shall be construed to give any party any further rights to the trademarks or trade names of the other party.
Except as otherwise agreed in writing and signed by an authorized officer of both parties, all payments due to 4shared.com for subscribed service shall be due and payable in full within ten (10) days of receipt by Client of a proper invoice.
4shared.com may, at its option and where permissible by law, elect to terminate this Agreement and restrict Client’s access to the service for failure to pay any fees associated with use of this software that are past due by more than thirty (30) days.
LIMITATION OF LIABILITY
THE SOFTWARE AND SERVICES ARE PROVIDED, AND CLIENT ACCEPTS THEM, "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO ITS PERFORMANCE, ACCURACY OR COMPLETENESS. CLIENT IS ADVISED NOT TO RELY, AND HEREBY REPRESENTS THAT IT SHALL NOT RELY ON SUCH, FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 4SHARED.COM DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY LOSS OF DATA, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND OR NATURE WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE ARISING FROM ANY MATTER RELATING TO THIS AGREEMENT; IN NO EVENT SHALL 4SHARED.COM LIABILITY EXCEED THE COMPENSATION PAID BY CLIENT TO 4SHARED.COM UNDER THIS AGREEMENT FOR THE PRECEDING ONE MONTH PERIOD.