End user agreement for OutDisk FTP for Outlook
Encryptomatic OutDisk for Outlook
END USER LICENSE AGREEMENT
ENCRYPTOMATIC LLC (ENCRYPTOMATIC) hereby gives you a non-exclusive, non-transferable restricted license to use the software OutDisk for Outlook (the Software).
For evaluation, the license is granted, and is time-limited. Your license is restricted as set forth below, non-transferable to any other person or entity, applies only to this version of the software. To continue using the Software beyond the stated trial period, you agree to pay a license fee. Upon receipt of the fee, this license shall continue perpetually for this version of the Software or for as long as you comply with the terms of this license, and is not transferable to future releases, upgrades or versions of the Software.
- simultaneously use the Software and your license key on one computer.
- copy the Software for archival purposes, provided any copy contains all of the original Software's proprietary notices.
- distribute the unregistered trial version of this software its complete and original unmodified form on physical media or electronically in any legal manner, as long as such distribution does not violate U.S. export restrictions on encryption.
You may not:
- permit other individuals to use the Software except under the terms listed above;
- utilize your license key for activation of the software on more than three computers
- modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction),
- create derivative works based on the Software;
- copy the Software (except as specified above);
- rent, lease, transfer or otherwise transfer rights to the Software;
- remove any proprietary notices or labels on the Software;
- export the software in violation U.S. export restrictions on encryption
- share or distribute in any manner access codes that may have provided to you by Encryptomatic for the purpose of enhancing the functionality o the product.
You agree to protect our rights, and:
- To allow the Software to access the internet to communicate with our license server for the purpose of checking compliance with our license provisions. The Software may ask your permission to access the internet. No personal information will be passed to our servers that is not necessary to determine compliance with our license.
- That if the application is unable to access the license server, or if this process indicates non-compliance with this license (for example, if more than 3 copies of the license are in use on separate computers) the license may cease to enable the application to operate, requiring re-registration.
The license will terminate automatically if you fail to comply with the limitations described above. On termination, you must destroy all copies of the Software and Documentation.
DISCLAIMER OF WARRANTY
The Software is provided on an AS IS basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement.
Encryptomatic LLC is under no obligation to continue development of the product, provide support, or repair defects within the product.
Should the Software prove defective, you and not ENCRYPTOMATIC LLC assume the entire cost of any service and repair.
The entire risk as to the quality and performance of the Software is borne by you.
LIMITATION OF LIABILITY:
Licensee agrees to hold ENCRYPTOMATIC LLC harmless for damages arising from the use of Software, including damages directly caused by bugs within the software or negligence of ENCRYPTOMATIC LLC, including (though not limited to) lost profits or data, special, incidental, consequential or other damages or claims. Regardless of the form of the damage or claim, the total liability ENCRYPTOMATIC LLC will have to Licensee or any other person will be limited to the amount actually paid by Licensee for Software.
The application is provided with "Restricted Rights". Use, release, modification, performance, duplication, display, or disclosure by the U.S. Government or government contractors is subject to the restrictions set forth in subparagraph (c)(1) and (2) of the Commercial Computer Software Restricted Rights clauses at 48 CFR 52.227-19, and the provisions relating to Rights in Commercial Computer Software or Commercial Computer Software Documentation at 48 CFR 227.7202-3.
Title, ownership rights and intellectual property rights in and to the Software shall remain with ENCRYPTOMATIC LLC. The Software is protected by international copyright treaties.
NO MODIFICATION; NO REVERSE ENGINEERING: Licensee agrees not to modify, reverse engineer, reverse compile, or disassemble Software or assist someone in doing so.
EXPORT RESTRICTIONS: Licensee agrees not to import or export Software or accompanying documentation (or any copies thereof) in violation of any applicable laws or regulations of the United States or of the country to which it is being imported or exported. Licensee agrees to indemnify ENCRYPTOMATIC LLC from liability if Licensee violates any such laws or regulations, and to defend ENCRYPTOMATIC LLC from any claims resulting from the Licensee's use, either directly or indirectly. This software is specifically prohibited by license from license, download, export to, or use in Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria, and other such countries as are currently prohibited by the laws of the United States of America. If a country is added to the U.S. prohibition list, then this license is revoked to users within that country. By accepting this license you warrant that will not export or re-export this software to any country, person or entity subject to U.S. export restrictions. You further warrant that you will use this software for lawful communications only.
TERMINATION: This license is perpetual, unless terminated by ENCRYPTOMATIC LLC by posting notice of such termination on their official product website. Licensee may terminate License at any time by destroying Software and all copies in all forms, as well as supporting documentation. It will also terminate immediately if Licensee fails to comply with any term or condition of this Agreement. Upon termination Licensee agrees to destroy Software and all copies in all forms, as well as supporting documentation. If requested by ENCRYPTOMATIC LLC, Licensee agrees to inform ENCRYPTOMATIC LLC of such in writing.
NO WARRANTY: To the maximum extent permitted by applicable law, ENCRYPTOMATIC LLC disclaims all 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 Software, and the provision of or failure to provide support services. The entire risk arising out of use or performance of Software remains with Licensee.
GOVERNING LAW: This License Agreement shall be governed by the laws of the United States of America and the State of Minnesota and Licensee agrees to be subject to personal jurisdiction in the State of Minnesota, for the purpose of enforcing the provisions of this Agreement.
ENTIRE AGREEMENT: This License Agreement sets forth the entire agreement between Licensee and ENCRYPTOMATIC LLC, and may be amended at any time by ENCRYPTOMATIC LLC Licensee may not amend this agreement without the signature of ENCRYPTOMATIC LLC In the event any provision of this License Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not be affected or impaired in any way