End user agreement for Advanced File Protector
END-USER LICENSE AGREEMENT FOR 666SSOFT SOFTWARE
IMPORTANT-READ CAREFULLY: This 666Soft End-User License Agreement (''EULA'') is a legal agreement between you (either an individual or a single entity) and 666Soft for the 666Soft software product(s) accompanying this EULA, which include(s) computer software and may include "online" or electronic documentation, associated media, and printed materials (''SOFTWARE PRODUCT''). By installing, copying, or otherwise using the SOFTWARE PRODUCT or any UPDATES (as defined below), 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 otherwise use the SOFTWARE PRODUCT. In addition, by installing, copying, or otherwise using any updates or other components of the SOFTWARE PRODUCT that you receive separately as part of the SOFTWARE PRODUCT (''UPDATES''), you agree to be bound by any additional license terms that accompany such UPDATES. If you do not agree to the additional license terms that accompany such UPDATES, you may not install, copy, or otherwise use such UPDATES.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. LICENSE TO USE SOFTWARE PRODUCT
1.1. General License Grant. 666Soft grants to you as an individual, a personal, nonexclusive license to make and use copies of the SOFTWARE PRODUCT for the sole purposes of designing, developing, and testing your software product(s). You may install copies of the SOFTWARE PRODUCT on an unlimited number of computers provided that you are the only individual using the SOFTWARE PRODUCT. If you are an entity, 666Soft grants you the right to designate one individual within your organization to have the sole right to use the SOFTWARE PRODUCT in the manner provided above.
1.2. Documentation. This EULA grants you, as an individual, a personal, nonexclusive license to make and use an unlimited number of copies of any documentation, provided that such copies shall be used only for personal purposes and are not to be republished or distributed (either in hard copy or electronic form) beyond the user's premises.
1.3. Storage/Network Use. You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT on computers used by a licensed end user in accordance with Section 1.1. A single license for the SOFTWARE PRODUCT may not be shared or used concurrently by other end users.
2. REDISTRIBUTABLE CODE
2.1. ADITIONAL LICENSE RIGHTS. In addition to the rights granted in Section 1, certain portions of the SOFTWARE PRODUCT, as described in this Section 2, are provided to you with additional license rights provided that you comply with the terms of Section 2.3.
2.2. Sample Code. 666Soft grants you the right to use and modify the source code version of those portions of the SOFTWARE PRODUCT identified as "Samples" in the SOFTWARE PRODUCT ("Sample Code") for the sole purposes of designing, developing, and testing your software product(s), and to reproduce and distribute the Sample Code, along with any modifications thereof, only in object code form.
2.3. Redistributable Code. 666Soft grants you a nonexclusive, royalty-free right to reproduce and distribute the object code form of any portion of the SOFTWARE PRODUCT listed in REDISTRIBUTION.TXT ("Redistributable Code") subject to Restrictions of Sections 2.4, 2.5, 2.6.
2.4. If you are authorized and choose to redistribute Sample Code and/or Redistributable Code (collectively, the "Redistributables"), you agree to: (a) distribute the Redistributables in object code only in conjunction with and as a part of a software application product developed by you using the product accompanying this EULA that adds significant and primary functionality to the SOFTWARE PRODUCT ("Licensed Product"); (b) not use 666Soft's name, logo, or trademarks to market the Licensed Product; (c) include a valid copyright notice on the Licensed Product; (d) indemnify, hold harmless, and defend 666Soft from and against any claims or lawsuits, including attorney's fees, that arise or result from the use or distribution of the Licensed Product; (e) otherwise comply with the terms of this EULA; and (f) agree that 666Soft reserves all rights not expressly granted. You also agree not to permit further distribution of the Redistributables by your end users.
2.5. Business Edition. If you have purchased the Business Edition, your right to Redistributable Code is limited to end users within your organization.
2.6. Trial Edition. If you have downloaded or purchased the Trial Edition, you may not redistribute code in any manner.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
3.1. You may not resell, or otherwise transfer for value, the SOFTWARE PRODUCT.
3.2. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
3.3. You may not rent, lease or lend the SOFTWARE PRODUCT.
3.4. This EULA does not grant you any rights in connection with any trademarks or service marks of 666Soft.
3.5. 666Soft may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the 666Soft policies and programs described in "online" documentation and/or other 666Soft-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to 666Soft as part of the Support Services, 666Soft may use such information for its business purposes, including for product support and development. 666Soft will not utilize such technical information in a form that personally identifies you.
3.6. Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use by more than one user.
3.7. Termination. Without prejudice to any other rights, 666Soft may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by 666Soft as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
You are licensed to use this software for evaluation purposes without charge for a period of 21 days. When this period expires you must either purchase the software, or remove it from your computer.
All title and intellectual property rights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by 666Soft or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by 666Soft.
This EULA is governed by the laws of Portugal.
Except with respect to the REDISTRIBUTABLES, which are provided "as is," without warranty of any kind, 666Soft warrants that (a) the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of thirty (30) days from the date of receipt, and (b) any Support Services provided by 666Soft shall be substantially as described in applicable written materials provided to you by 666Soft, and 666Soft support engineers will make commercially reasonable efforts to solve any problem. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT, if any, are limited to thirty (30) days. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
666Soft's and its suppliers' entire liability and your exclusive remedy shall be, at 666Soft's option, either (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet 666Soft's Limited Warranty and that is returned to 666Soft with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted thirty (30) days. Outside the Portugal, neither these remedies nor any product support services offered by 666Soft are available without proof of purchase from an authorized international source.
NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 666SOFT AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. 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 666SOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF 666SOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, 666SOFT'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A 666SOFT SUPPORT SERVICES AGREEMENT, 666SOFT'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.