END-USER LICENSE AGREEMENT FOR CIPHERSAFE.NET SOFTWARE
This End-User License Agreement ("EULA") is a legal agreement between You (either an individual or a single entity, who will be referred to in this EULA as "You" or "Licensee") and Obviex ("Licensor") for the Software Product ("Software", "Product", or "Software Product") identified above. The Product includes the installation media, binary files, and accompanying documentation. By installing, copying, or otherwise using all or any portion of this Product, You agree to be bound by the terms of this EULA. If You do not agree to the terms of this EULA, do not install, copy, or use the Product.
- GRANT OF LICENSE
Obviex grants You the rights described in this EULA provided that You comply with all terms and conditions of this EULA. Without prejudice to any other rights, Licensor may terminate this EULA if You fail to comply with its terms and conditions. This Product is licensed, not sold.
If You are installing this Software on a computer that is not owned by You, You are bound to the terms of this EULA both in Your individual capacity and as an agent of the owner of the computer, and Your actions will bind the owner of the computer. You represent and warrant to Licensor that You have the capacity and authority to enter into this EULA on Your own behalf as well as on behalf of the owner of the computer the Product is being installed upon. For purposes of this EULA, the owner of a computer is the individual or entity that has legal title to the computer or that has the possessory interest in the computer if it is leased or loaned by the actual title owner.
You may install an unlicensed copy of this Software on Your computer system and use it to evaluate and test the Product pursuant to the terms of this Agreement. This Software may include software code limiting certain functionality described in the Product documentation. This code is activated when an unregistered copy of the Product is used or when the license information of the registered Product is invalid; it is de-activated upon successful Product registration. You may take no actions to circumvent the operation of such disabling code, and You accept all risks that might arise from such disabling code.
If You convert an evaluation version of this Software to a non-evaluation version by registering the Product, the licenses granted under this EULA commence upon the installation of the Software Product and are effective in perpetuity unless terminated per the terms of this Agreement.
Each licensed copy of the product must be registered in the manner described in the Product documentation. You may need to register the Product through the use of the Internet; toll charges may apply. You may also need to reactivate the registration if You modify Your computer hardware or essential elements of the operating system identified in the Product documentation.
There are technological measures in this Software that are designed to prevent unlicensed use of the Product. These measures may require a transfer of certain hardware characteristics uniquely identifying your computer system to Licensor. You agree that Licensor may use those measures for licensing and registration purposes.
- CONDITIONS OF LIMITED USE
You can register a licensed version of this Product on a limited number of computers provided that at no time the Product is registered concurrently on a number of computers exceeding the number permitted by Your license.
- CONDITIONS OF UNLIMITED USE
If Your license allows You to register this Software on the unlimited number of computers, You must comply with one (but not both) of the following conditions:
(A) UNLIMITED SINGLE-COMPANY USE
Non-redistributable "unlimited-use" license allows You to register this Product on any number of computers owned or used by a single entity. Each entity wishing to register this Software on the unlimited number of computers must purchase a separate license.
(B) UNLIMITED SINGLE-PRODUCT USE
Redistributable "unlimited-use" license allows You to register this Product on any number of computers, provided that this Software is distributed as part of a single product or application. Each additional product or application requires a purchase of a separate license.
- ACTIVATION CODE
For each purchased software license, Licensor issues Licensee an Activation Code required for registration. The same Activation Code can be used to register the Product on all computers permitted by Your license. You agree to take all reasonable precautions to secure the Activation Code from distribution to unauthorized third parties.
You may not resell this Product or otherwise transfer it for value.
You may redistribute this Product as a whole or in parts without an explicit authorization from Licensor, provided that (a) You do not violate any terms of this EULA; (b) You can guarantee that this Product will not be registered on a number of computers exceeding the number permitted by Your license; (c) You do not violate the terms of the section "Conditions of Unlimited Use" above; (d) You do not sell, lease, or otherwise charge for the use of this Product; (e) You do not claim the rights to ownership or authorship of this Product; (f) You do not make any modifications to this Product; (g) You do not assume or claim any warranties or liabilities associated with the use of this Product; (h) You distribute this Product only in conjunction with, and as a part of, Your application; (i) You include a valid copyright notice on Your application; (j) You do not violate U.S. export restrictions, as well as national, international, or local laws; and (k) You agree to indemnify, hold harmless, and defend Licensor from and against any claims or lawsuits, including attorneys' fees, that arise or result from the use or distribution of Your application. Licensor reserves all rights not expressly granted to You.
To use a Product identified as an upgrade, You must first be licensed for the product defined by Licensor as eligible for the upgrade. After upgrading, You may continue using the product that formed the basis for Your upgrade eligibility. You may use the resulting upgraded Product only in accordance with the terms of this EULA. Product upgrade does not change the permitted number of computers covered by Your License.
Instead of installing and using this Software, You may install and use a copy of an earlier version or a downgraded Edition of the Product. If You choose to install and use an earlier version of the Product, You may not be eligible for technical support. Your use of an earlier version or downgraded Product Edition shall be governed by this EULA.
- BETA PRODUCT
This Product may be identified as "Beta Product". Such Beta Product is not at the level of performance and compatibility of the final, generally available Product. The Beta Product may not operate correctly and may be substantially modified prior to the first commercial shipment. You accept all risks that might arise from using such Beta Produt. In the event that the Beta Product contains a separate EULA, the terms and conditions of such EULA shall govern your use of the corresponding Beta Product.
- LIMITED WARRANTY
Licensor warrants that (a) this Product will perform substantially in accordance with the accompanying documentation for a period of 90 (ninety) days from the date of purchase, and (b) any support services provided by Licensor shall be substantially as described in applicable written materials provided to You by Licensor, and (c) Obviex support engineers will make commercially reasonable efforts to solve any problem. If an implied warranty or condition is created by Your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, You also have an implied warranty or condition, but only as to defects discovered during the period of this limited warranty 90 (ninety) days. As to any defects discovered after the 90 (ninety) day period, there is no warranty or condition of any kind. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to You. Any supplements or updates to this Product, including without limitation any (if any) service packs or hot fixes provided to You after the expiration of the 90 (ninety) day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.
- CUSTOMER REMEDIES
Licensor's entire liability and Your exclusive remedy shall be, at Licensor's option from time to time exercised subject to applicable law, (a) return of the price paid (if any) for the Product, or (b) repair or replacement of the Product, that does not meet this Limited Warranty. You will receive the remedy elected by Licensor without charge. This Limited Warranty is void if failure of the Product has resulted from accident, ignorance, abuse, misapplication, abnormal use or a virus. Any replacement Software will be warranted for the remainder of the original warranty period or 30 (thirty) days, whichever is longer.
- DISCLAIMER OF WARRANTIES
The Limited Warranty that appears above is the only expressed warranty made to You and is provided in lieu of any other express warranties (if any) created by any documentation or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable law, Licensor provides the Product and support services (if any) AS IS and with all faults, and hereby disclaims all other warranties and conditions, either expressed, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Product, and the provision of or failure to provide support or other services, information, software, and related content through the Product or otherwise arising out of the use of the Product. Also, there is no warranty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement with regard to the product.
- LIMITATION OF REMEDIES
Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by Licensor, You are not entitled to any damages, including but not limited to consequential damages, if this Product does not meet the Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of the section "Limitation of Liability" below are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You. This Limited Warranty gives You specific legal rights. You may have others, which vary from state/jurisdiction to state/jurisdiction.
- LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall Licensor or its suppliers be liable for any special, incidental, punitive, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of profits, for loss of confidential or other information, for business interruption, for breach of security, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the Product, the provision of or failure to provide support or other services, information, software, and related content through the Product or otherwise arising out of the use of the product, or otherwise under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of Licensor, and even if Licensor has been advised of the possibility of such damages.
- LIMITATION OF LIABILITY AND REMEDIES
Notwithstanding any damages that You might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Licensor under any provision of this EULA and Your exclusive remedy for all of the foregoing (except for any remedy of repair or replacement elected by Licensor with respect to any breach of the Limited Warranty) shall be limited to the greater of the amount actually paid by You for this Product or U.S. $5.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
- EXPORT RESTRICTIONS
You acknowledge that the Product is of U.S. origin and subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Product, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.
- U.S. GOVERNMENT RESTRICTED RIGHTS
All Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial rights and restrictions described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with restricted rights as provided for in FAR, 48 CFR 52.227-14 (June 1987) or DFAR, 48 CFR 252.227-7013 (October 1988), as applicable.
- REVERSE ENGINEERING
You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover, or disclose the source code of this Product.
CipherSafe and Obviex are trademarks of Licensor.
This Product is protected by copyright and other intellectual property laws and treaties. Licensor owns the title, copyright, and other intellectual property rights in this Product.