End user agreement for Crypto4 Files
SOFTWARE LICENSE AGREEMENT
Crypto4 Files License Agreement
EldoS Corporation is willing to license Crypto4 Files to you only upon the condition that you accept all the terms of this license.
This license defines and uses the following terms:
1.1. The Software - Crypto4 Files binary (machine-executable) code in electronic, printed or other form that can be distributed and/or used, accompanying documentation, graphical materials including diagrams, block-schemes, logos, graphic art, sample code in electronic or printed form, batch scripts and configuration files, used to use and/or distribute Crypto4 Files in parts or in whole.
1.2. Licensee - a company or individual who is given the right to use Crypto4 Files according to this license.
1.3. Licenser - EldoS Corporation in whole represented by EldoS Corporation principal officer.
2. Scope of use.
2.1. This license is applied to use of The Software by any Licensee that has paid a fee as defined by EldoS Corporation and agreed to the terms of this license.
2.2. Use of The Software without purchasing a license constitutes Software Evaluation and is permitted for the time, no longer than evaluation period specified on EldoS Corporation web site or The Software accompanying documentation.
3.1. This license grants the Licensee non-exclusive, non-transferable, royalty-free right to install and use The Software for any legal activities, conducted by the Licensee.
3.2. The Software is owned by Licenser and is protected by copyright law, international copyright treaties, as well as other proprietary notices.
3.3. Total number of Installed Copies of The Software used by Licensee may not exceed the number of Single-User Licenses paid for by the Licensee. One Installed Copy is defined to be a group of computer files in electronic form used by single person on any number of computers.
3.4. For Site Licenses, any number of Installed Copies of The Software used by Licensee is allowed, given that all Installed Copies are used solely by the Licensee and within the territory of one country.
3.5. Licensee has the right to create one copy of The Software for backup and security purposes.
4. Termination and transfer.
4.1. Rent, lease, sublicense or any other temporary transfer of rights given by this license is prohibited. Use of The Software by Licensee's subcontractors requires a separate license given to those subcontractors.
4.2. Transfer of the rights is allowed only after notifying the Licenser about such transfer and on a permanent basis provided that Licensee doesn't possess any copies of The Software received under terms of this license.
4.3. The license becomes effective the day the Licensee agrees to its terms and conditions.
4.4. The license terminates automatically if the Licenser fails to comply with the limitations described above.
4.5. The license can be terminated by Licensee at any time.
4.6. Upon termination of the license Licensee must destroy all copies of The Software received under terms of this license and all its components on all systems and all types of media and in computer memory.
5. Warranty and Disclaimer.
5.1. The Software is provided by Licenser 'As Is'.
5.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSER DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THE LICENSER DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR FREE OR WILL OPERATE WITHOUT INTERRUPTION. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS REMAINS WITH THE LICENSEE. THIS LIMITED WARRANTY GIVES THE LICENSEE SPECIFIC LEGAL RIGHTS. THE LICENSEE MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
5.3. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
6. Export restrictions.
6.1. The Software must not be used in or exported to Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia and other countries identified as being under Embargo or to citizens of those countries.
6.2. The Software must be imported, used and re-exported according to national regulations of Licensee's country of residence.
6.3. All rights to use The Software are granted on condition that such rights are forfeited if the Licensee fails to comply with the terms of this license.
7. Governing law.
7.1. This license will be governed by the laws of Virgin Islands (Britain). Should you have any questions regarding this license, you may contact Licenser by writing to EldoS Corporation, 2nd Floor, 145-157 St John Street, London, EC1V 4PY, United Kingdom
8. Compliance with the license.
8.1. If The Licensee is a business or organization, upon request from the Licenser the Licensee must provide information concerning compliance of use of The Software to the license.
9. General Provisions.
9.1. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the license, which shall remain valid and enforceable according to its terms.
9.2. The license shall not prejudice the statutory rights of any party dealing as a consumer.
9.3. The license may only be modified by a writing signed by the principal officer of EldoS Corporation.
9.4. Updates may be licensed to the Licensee by the Licenser with additional or different terms.
9.5. By signing this agreement the Licenser certifies, that it is a legitimate owner of the Software and possesses all rights to use, modify, improve, copy, distribute, sublicense and market the Software and any new version identified above in object and source code form on and for any media and by any means or methods now known or known in the future.
9.6. This is the entire agreement between the Licenser and Licensee relating to The Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to The Software.
All materials Copyright й 2002-2005 EldoS Corporation
All rights reserved.