End user agreement for Flexcrypt -Encrypt made easy
License Agreement Flexcrypt 2010
1.1 Your Agreement to this License
This License only applies to the Nordic Information Security Group AB executable code for Flexcrypt 2010 software for encryption and decryption of data. You should carefully read the following terms and conditions before using, installing, copying, distributing, or transmitting this software. By using, installing, copying, distributing, or transmitting Flexcrypt, you agree to all of the terms of this license agreement ("License"). More information about pricing and registration options is available at www.flexcrypt.com <http://www.flexcrypt.com>.
Please read the license terms below. If you do not agree to all of the terms and conditions of this License, then DO NOT, install, copy, distribute, or transmit Flexcrypt, or messages encrypted with Flexcrypt.
1.2 Scope of License
Subject to the terms below, you are hereby licensed by Nordic Information Security Group AB to use one (1) copy of Flexcrypt 2010 for one year. Use of Flexcrypt outside the scope of this License is a violation of Swedish and international copyright laws.
Nordic Information Security Group AB reserves the right to revoke this License at any time, for any or no reason.
You may not alter or modify the Flexcrypt Software, nor give anyone permission to do so. Under no circumstances are you licensed to distribute email encryption software created by Flexcrypt.
All rights of any kind in Flexcrypt which are not expressly granted in this License are entirely and exclusively reserved to and by Nordic Information Security Group AB. You may use Flexcrypt solely as expressly provided in this License. You may not rent, lease, sublicense, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on Flexcrypt; in whole, or in part, nor permit anyone else to do so. You may not make access to Flexcrypt available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so. The license granted hereunder includes no rights in or to the source code version of Flexcrypt.
Nordic Information Security Group does not take any responsibility regarding possible legislation regarding the usage of software for encryption and decryption of electronic communication, this responsibility rests solely on you the user.
Flexcrypt includes a feature to check for software updates. By agreeing to this agreement, you are consenting to allow Nordic Information Security Group AB to download and install updated non-executable files (such as screen files) to your computer without further notice. Before Flexcrypt downloads and installs any updated executable files, Flexcrypt will request your express consent.
1.3 Warranty Disclaimers and Liability Limitations
Flexcrypt, and any and all accompanying software, files, data and materials, are distributed and provided "AS IS" and with no warranties of any kind, whether express or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose. Neither Nordic Information Security Group AB nor any of its affiliates or licensors warrant, guarantee, or make any representations regarding the use of, or the results of the use of, Flexcrypt. Neither Nordic Information Security Group AB nor any of its licensors warrants that the operation of Flexcrypt will be uninterrupted or error-free, or that the use of any passwords and/or encryption features will be effective in preventing the unintentional disclosure of information contained in any file. You acknowledge that good data processing procedure dictates that any program, including Flexcrypt, must be thoroughly tested with non-critical data before there is any reliance on it, and you hereby assume the entire risk of all use of the copies of Flexcrypt covered by this License. This disclaimer of warranty constitutes an essential part of this License.
Except to the extent expressly prohibited by applicable statutes, Nordic Information Security Group AB, shall not be liable for any damage or financial loss arising out of the use of, or inability to use, Flexcrypt. Any liability of Nordic Information Security Group AB, will be limited exclusively to refund of any license or registration fee paid to Nordic Information Security Group AB. Except to the extent expressly prohibited by applicable statutes, in no event shall Nordic Information Security Group AB, or its principals, shareholders, officers, employees, be liable for any direct, indirect, incidental, consequential, special, or punitive damages whatsoever relating to the use of Flexcrypt, or to your relationship with Nordic Information Security Group AB, including, without limitation, loss or disclosure of data or information, loss of profit, revenue, business opportunity or business advantage, or business interruption, whether based upon a claim or action of contract, warranty, negligence, strict liability, contribution, indemnity, or any other legal theory or cause of action, even if advised of the possibility of such damages.
In addition, in no event does Nordic Information Security Group AB authorize you or anyone else to use Flexcrypt in applications or systems where Flexcrypts failure to perform can reasonably be expected to result in a significant physical injury, or in loss of property, or loss of life. Any such use is entirely at your own risk, and you agree to hold Nordic Information Security Group AB, harmless from any and all claims or losses relating to such unauthorized use.
At your own expense, you shall indemnify, defend, and hold harmless Nordic Information Security Group AB, and their directors, officers, shareholders, employees from and against any and all claims, expenses, losses, damages, costs, liabilities and judgments, including without limitation reasonable attorneys fees and expenses, arising out of or relating to any claim resulting from or related to: (i) any use by you of Flexcrypt other than as expressly allowed by this License or in a manner inconsistent with any accompanying documentation; (ii) any breach of this License by you; or (iii) any violation of applicable law by you, your directors, officers, shareholders, employees, subsidiaries, agents, successors and assigns.
Flexcrypt, including, without limitation, the information included in its accompanying distributable files, data and materials and any related activation code and registration code files or information, and the know-how embodied in Flexcrypt, is confidential and trade secret information (the "Proprietary Information") that is proprietary to and solely owned or licensed by Nordic Information Security Group AB, together with all related copyrights and trademarks relating thereto. You agree to maintain the Proprietary Information in strictest confidence for the benefit of Nordic Information Security Group AB and its licensors. You shall not sell, license, publish, display, distribute, disclose, or otherwise make available or allow to be made available the Proprietary Information, including, without limitation, any activation codes or registration code files, to any third party nor use such Proprietary Information except as authorized by this License. The obligations under this paragraph shall survive any termination or cancellation of the License.
This License is the complete statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, agreements, and arrangements.
This License shall be governed by the laws of Sweden, without regard to Swedish choice-of-law rules. Exclusive jurisdiction and venue for all matters relating to this License shall be in courts and fora located in Sweden, and you consent to such jurisdiction and venue.
There are no third-party beneficiaries of any promises, obligations, or representations made by Nordic Information Security Group AB herein.
Any waiver by Nordic Information Security Group AB of any violation of this License by you shall not constitute, nor contribute to, a waiver by Nordic Information Security Group AB of any other or future violation by you of the same provision, or any other provision, of this License.
You acknowledge and agree that monetary damages alone would not be an adequate remedy in the event of a material breach by you of your obligations or agreements under this License and that, in such event, Nordic Information Security Group AB shall be entitled to injunctive relief to require you to comply with its obligations hereunder. Any remedy available under this License shall be cumulative and not eclusive of any other remedy available under this License, at law.
If any part of this License or the application thereof to any person or circumstance is for any reason held invalid or unenforceable, it shall be deemed severable, and the validity of the remainder of this License, or the applications of such provision to other persons or circumstances, shall not be affected thereby.