End user agreement for FingerAuth Password Manager
This End-user License Agreement, hereinafter referred to as AGREEMENT, is a legal agreement between you, either an individual or a single legal entity, hereinafter referred to as LICENSEE, and A&H Software Ltda., with its trading address at 1800 Alameda Santos, 8th floor, suite 907, Cerqueira César district, São Paulo, SP 01418-200, Brazil, hereinafter referred to as A&H, about the software FingerAuth Password Manager, hereinafter referred to as FINGERAUTH. For all the purposes of this AGREEMENT, all products related to FINGERAUTH (including any associated media, printed materials and on-line or electronic documentation) are further together called FINGERAUTH. The LICENSEE may print the text of this AGREEMENT, or refer to the copy that can be found in the legal information section of the onscreen help system within FINGERAUTH. Read this AGREEMENT carefully because BY CLICKING THE "ACCEPT" BUTTON, BY INSTALLING, COPYING OR OTHERWISE USING FINGERAUTH, THE LICENSEE AGREES TO BE BOUND BY THIS AGREEMENT. If the LICENSEE does not agree with the terms of this AGREEMENT, the LICENSEE must delete all copies of FINGERAUTH in the system immediately.
PART 1. FINGERAUTH AGREEMENT AND TERMS
1.1. FOR FINGERAUTH IN TRIAL MODE. A&H grants to the LICENSEE the non-exclusive right for the duration of this AGREEMENT to run one (1) copy of FINGERAUTH on one (1) single computer for the sole purpose of evaluating FINGERAUTH for the extent of up to thirty (30) days. The LICENSEE may not, under any circumstances, use FINGERAUTH for any commercial, business, governmental or institutional purpose of any kind. Furthermore, the LICENSEE may not rent, lease, lend, share, publish, release on Internet or copy FINGERAUTH.
1.2. FOR FINGERAUTH IN REGISTERED MODE. A&H grants to the LICENSEE who acquired a valid registration code, hereinafter referred to as REGISTRATION CODE, the non-exclusive right for the duration of this AGREEMENT to run one (1) copy of FINGERAUTH on one (1) single computer for any legal purpose, such as personal, commercial, business, governmental or institutional purpose of any kind. Nevertheless, the LICENSEE may not transfer, rent, lease, lend, share, publish, release on Internet or copy FINGERAUTH or the REGISTRATION CODE.
1.3. COPYRIGHT. FINGERAUTH is protected by copyright laws and international copyright treaties, as well as other property laws and treaties. FINGERAUTH is licensed, not sold. All title and copyrights, as well as other property laws and copyright treaties, in and to FINGERAUTH are owned by A&H.
1.4. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, DISASSEMBLY, TRANSLATION, ADAPTATION AND MODIFICATION. The LICENSEE may not reverse engineer, decompile, disassemble, translate, adapt and/or modify FINGERAUTH, or otherwise attempt to gain access to the internal code of FINGERAUTH, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
1.5. STORAGE/NETWORK USE. The LICENSEE may store one (1) copy of FINGERAUTH on a storage device, such as a network server, used only to install FINGERAUTH on other computers over an internal network. However, the LICENSEE must acquire and dedicate a REGISTRATION CODE for each separate computer on which FINGERAUTH is run or installed from the storage device.
1.6. BACK-UP COPY. After the installation of one (1) copy of FINGERAUTH pursuant to this AGREEMENT, the LICENSEE may make one (1) copy of FINGERAUTH solely for backup or archival purposes. The LICENSEE who acquired a REGISTRATION CODE may make one (1) copy of it solely for backup or archival purposes. The LICENSEE may not make unauthorized copies of neither FINGERAUTH nor the REGISTRATION CODE or to circumvent the copy protection technology employed in FINGERAUTH.
1.7. SUPPORT SERVICES. A&H may provide LICENSEE with support services related to FINGERAUTH. The LICENSEE agrees that A&H may collect and use the technical information provided by the LICENSEE, and may use such information for the sole purpose of enhancing FINGERAUTH.
1.8. REGISTRATION CODE CANCELLATION. The LICENSEE agrees that A&H may cancel his/her REGISTRATION CODE at any time if it's detected that such code was stolen or corrupted. In such event, the LICENSEE loses all rights conferred by this AGREEMENT to him/her until a new REGISTRATION CODE is acquired.
1.9. CANCELLATION. Without prejudice to any other rights, A&H may cancel this AGREEMENT if the LICENSEE fails to comply with its terms and conditions. In such event, the LICENSEE must destroy all copies of FINGERAUTH and REGISTRATION CODE.
1.10. TERMINATION. A&H may discontinue FINGERAUTH at its sole discretion. In such event, during the next two (2) years after the date FINGERAUTH was discontinued: (a) the LICENSEE will continue to receive support services from A&H; (b) new FINGERAUTH versions may be released by A&H at its sole discretion, but only for the purpose of bug fixing, and not for product enhancement or compatibility with new versions of operating systems or browsers.
PART 2. GENERAL PROVISIONS
2.1. WARRANTY. Except for express warranties stated in this AGREEMENT and except for any implied warranties that exist under applicable law and that cannot be disclaimed, THE LICENSEE AGREES THAT FINGERAUTH AND ANY SUPPORT SERVICES ARE: (a) PROVIDED AS IS AND WITH ALL FAULTS, AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH THE LICENSEE; and (b) THAT A&H MAKES NO, AND DISCLAIM ALL OTHER WARRANTIES OF EVERY NATURE, INCLUDING BUT NOT LIMITED TO: ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR ANY PURPOSE OR OF SYSTEM INTEGRATION, OR CREATED BY TRADE USAGE OR COURSE OF DEALING; ALL DUTIES OF REASONABLE WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE, AND ANY (IF ANY) IMPLIED OR SIMILAR OBLIGATIONS REGARDING TRANSMISSION, AVAILABILITY, ACCURACY, FUNCTIONALITY OR LACK OF VIRUSES OR HARMFUL CODE. ALSO, THERE IS NO WARRANTY OF TITLE OR AGAINST INTERFERENCE WITH LICENSEE ENJOYMENT OF FINGERAUTH OR ANY SUPPORT SERVICE OR AGAINST INFRINGEMENT OR THE LIKE.
2.2. SECURITY DISCLAIMER. FINGERAUTH IS NOT A SECURITY FEATURE AND IS INTENDED TO BE USED FOR CONVENIENCE ONLY. IT SHOULD NOT BE USED TO ACCESS CORPORATE NETWORKS OR PROTECT SENSITIVE DATA, SUCH AS FINANCIAL INFORMATION. A&H MAKES NO, AND DISCLAIM ALL WARRANTIES OF EVERY NATURE REGARDING THE SECURITY OF FINGERAUTH.
2.3. INCIDENTAL, CONSEQUENTIAL AND OTHER DAMAGES. TO THE FULL EXTENT ALLOWED BY LAW, A&H IS NOT LIABLE FOR ANY:
a) CONSEQUENTIAL OR INCIDENTAL DAMAGES;
b) DAMAGES OR LOSS OF ANY NATURE WHATSOEVER RELATING TO LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR PRIVACY OR CONFIDENTIALITY, ANY INABILITY TO USE ALL OR PART OF FINGERAUTH, PERSONAL INJURY, OR ANY FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF NEGLIGENCE, GOOD FAITH OR OF WORKMANLIKE EFFORT); OR
c) INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO FINGERAUTH OR SUPPORT SERVICES. THE FOREGOING APPLIES EVEN IF A&H HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES; AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), STRICT OR PRODUCT LIABILITY, MISREPRESENTATION OR OTHER REASON.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusions many not apply to the LICENSEE.
2.4. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY. THE LICENSEE AGREES THAT HIS/HER SOLE REMEDY FOR ANY SUCH BREACH AND FOR ANY OTHER CAUSE OF ACTION OF ANY NATURE RELATING TO PARTS 1 OR 2 OF THIS AGREEMENT OR TO FINGERAUTH OR SUPPORT SERVICES SHALL BE, AT A&H’S OPTION, (1) REPAIR OR REPLACEMENT OF ALL OR PART OF FINGERAUTH OR SUPPORT SERVICE; OR (2) REFUND OF THE AMOUNT ACTUALLY PAID BY THE LICENSEE FOR THE REGISTRATION CODE(S) OR SUPPORT SERVICE CAUSING THE DAMAGES. THE LICENSEE AGREES THAT THE DAMAGE EXCLUSIONS IN THIS AGREEMENT AND THIS LIMITATION OF LIABILITY SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THESE LIMITATIONS DO NOT APPLY TO THE EXTENT OF ANY LIABILITIES THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
2.5. LIMITATION TO FINGERAUTH. All warranties and rights conferred by this AGREEMENT apply solely to FINGERAUTH, not extending to any third-party products that aren't A&H's responsibility, such as GrFinger Java and fingerprint readers and their drivers, used by FINGERAUTH.
2.6. EXPRESS WARRANTY. A&H warrants that under normal use and service, on the date of acquisition of the REGISTRATION CODE and for the next 90 days or until the next update, FINGERAUTH will substantially conform to the accompanying documentation. This warranty does not cover, and no warranty of any kind is provided with respect to any subjective or aesthetic aspects of FINGERAUTH. Some jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the foregoing limitation may not apply to the LICENSEE.
2.7. EXCLUSIONS FROM COVERAGE. This warranty shall not apply and A&H has no liability under this warranty if the LICENSEE fails to comply with the terms and conditions of this AGREEMENT, if FINGERAUTH is modified, tampered with, damaged by programs, data, viruses, or files, or during shipments or transmissions or not used in accordance with the accompanying documentation and use instructions.
2.8. GOVERNING LAW AND EXCLUSIVE FORUM. All parts of this AGREEMENT shall be construed under and controlled by the laws of the State of Goiás, Federative Republic of Brazil. To extinguish any question or litigation arising from this AGREEMENT, A&H and LICENSEE irrevocably consent to exclusive jurisdiction in the Venue of the Judicial District of Goiânia, State of Goiás, Federative Republic of Brazil, except if A&H opts for the LICENSEE's legal domicile. In such case A&H will be legally represented by its major partner.