End user agreement for MailCloak Pro
IMPORTANT – PLEASE READ CAREFULLY
Before reading the articles below, please note the following preliminary terms in initial capital letters, which use some of the definitions specified in Article 1 below:
Entering into this Agreement: This End User License Agreement constitutes a valid and binding legal agreement between gWebs and You, as a user, for the use of the MailCloak Software. You must enter into this Agreement by choosing 「I accept the agreement 」 in order to install and use the MailCloak Software.
You hereby agree and acknowledge that this Agreement covers all Your use of MailCloak Software, whether it be from this installation or from any other terminals where MailCloak Software has been installed, by You or by third parties. Furthermore, by installing and continuing to use the MailCloak Software You agree to be bound by the terms of this Agreement and any new versions hereof.
Electronic Signatures and Agreement(s): You acknowledge and agree that by choosing 「I accept the agreement」to show Your approval to download and install the MailCloak Software, You are entering into a legally binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the MailCloak Software. Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable law.
Jurisdiction's Restrictions: if You are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as this agreement according to age and You are under such a jurisdiction and under such age limit, You may not enter into this Agreement and download, install or use the MailCloak Software. Furthermore, if You are residing in a jurisdiction where it is forbidden by law to offer or use software for internet communication, You may not enter into this Agreement and You may not download, install or use the MailCloak Software. By entering into this Agreement You explicitly state that You have verified in Your own jurisdiction if Your use of the MailCloak Software is allowed.
Article 1 Definitions
In this Agreement the following capitalized definitions are being used, singular as well as plural.
Agreement: this End User License Agreement, as may be renewed, modified and/or amended from time to time in accordance with its terms.
Documentation: any online or otherwise enclosed documentation provided by gWebs.
Effective Date: the date on which this Agreement is entered into by choosing 「I accept the agreement」 button as stated above.
IP Rights: any and all intellectual property rights, including but not limited to copyrights, trademarks and patents, as well as know how and trade secrets contained in or relating to the MailCloak Software, the Documentation, the gWebs Website or the MailCloak Promotional Materials.
Password: which authenticates you to enter the MailCloak User Panel in combination with Your User ID, and gives You access to MailCloak's encryption/decryption services. It is irretrievable once it is lost.
Global Web Security Systems Pte Ltd ("gWebs"): refers to the company established under the laws of Singapore, with its address currently at 101 Cecil Street #16-09 Tong Eng Building Singapore 069533, Co. Reg. No. 200715102Z.
gWebs Online Material: the URL is available for download on the gWebs Website.
gWebs Promotional Materials: any and all trademarks, names, signs, logos, banners, gWebs Online Material and any other materials, in whatever form, owned and/or used by gWebs for the promotion of its products and activities.
MailCloak Software: MailCloak software is distributed by gWebs for internet communication applications, including without limitation the MailCloak browser plug-in, UI and Documentation, as well as any future programming fixes, updates and upgrades thereof.
gWebs Staff: the officers, directors, employees and agents of gWebs.
gWebs Website: any and all elements, contents and the 'look and feel' of the website available under the URL http(s)://www.gwebs.com/
Terms of Service: means the terms outlined in this Agreement
UI: the user interface of the MailCloak Software.
User Mailbox: refers to the account with User Mailbox and Password that You create for Your use of the MailCloak Software.
User ID: refers to an identity You selected, which in combination with the Password, gives access to Your Mailbox.
Mail/File Encryption/Decryption Service: means the free software and services provided under the Terms of Service.
You: you, the end user of the MailCloak Software, also used in the form "Your" where applicable.
Article 2 License and Restrictions
License. Subject to the terms of this Agreement, gWebs hereby grants You a personal, non-commercial, non-exclusive, non-sublicensable, non-assignable, free of charge license to download, install and use the MailCloak Software on Your computer for the sole purpose of personally using the Mail/file encryption/decryption applications provided by gWebs. For the avoidance of doubt, you are allowed to use MailCloak Software at Your place of work, in accordance with the terms of this Agreement, provided that Your use of the Mail Cloak Software shall not be in violation of any rules established at your place of work. It is your responsibility to ascertain this and gWebs makes no representation that such use is permissible.
No Granting of Rights to Third Parties. You will not sell, assign, rent, export, import, act as an intermediary or provider, or otherwise grant rights to third parties, nor may You allow others to do so, with regard to the MailCloak Software.
No Modifications. You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the MailCloak Software or any part thereof, nor may you allow others to do so.
New Versions of the MailCloak Software. gWebs, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the MailCloak Software. MailCloak Software will auto-update globally. You acknowledge and agree that gWebs has no obligation to make available to You any subsequent versions of the MailCloak Software.
Furthermore, You acknowledge and agree that gWebs, in its sole discretion, may modify or discontinue or suspend Your ability to use any version of the MailCloak Software, and/or disable any MailCloak Software You may already have accessed or installed without any notice to You, for the repair, improvement, and/or upgrade of the underlying technology or for any other justifiable reason, including but not limited to, circumstances where You, at gWebs' discretion, are in breach of this Agreement, creating problems, possible legal liabilities, acting inconsistently with the letter or spirit of our policies, which can be found at Legal information, or engaging in fraudulent, immoral or illegal activities, or for other similar reasons.
The MailCloak Software contains software covered under the GNU General Public License. You may freely obtain and distribute source code versions of the software covered by the GNU General Public License through the Internet. However, some applications remain the property of their owners, and require their permission to redistribute. For more information, access the gWebs' web site at http://www.gwebs.com.
Article 3 Confidentiality and Privacy
Article 4 IP Rights
Exclusive Ownership. You acknowledge and agree that any and all IP Rights to or arising from the MailCloak Software are and shall remain the exclusive property of gWebs. As between You and gWebs, gWebs owns all right, title and interest to the MailCloak Software, including without limitation, all intellectual and proprietary rights appurtenant thereto. Nothing in this Agreement intends to transfer any such IP Rights to, or to vest any such IP Rights in, You. You are only entitled to the limited license to use of the IP Rights granted to You in this Agreement. You will not take any action to jeopardize, limit or interfere with the IP Rights. You acknowledge and agree that any unauthorized use of the IP Rights is a violation of this Agreement as well as a violation of intellectual property laws, including without limitation copyright, patent and trademark laws.
No Removal of Notices. You agree that You will not remove, obscure, make illegible or alter any notices or indications of the IP Rights and/or gWebs' rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to any materials.
Article 5 Communication and Your Use of the MailCloak Software
Communication. Installing MailCloak Software enables You to Send/Receive safer Email Contents or Attachments (through the Email communication services provided by ISP) and helps protect your Online Office Documents better.
No Warranties. gWebs is not responsible for the transmission obstacles of Email. We are only responsible for the improved protection of your Email content and attachments from other unauthorized access if you have installed MailCloak Software. Therefore, the Email transmission is entirely the responsibilities of the Email service provider whose service you are using.
Lawful Purposes. You acknowledge and agree to use the MailCloak Software solely for lawful purposes. In this respect You may not, without limitation use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the MailCloak Software or the communication.
Article 6 Disclaimer of Warranties
No warranties. THE MAILCLOAK SOFTWARE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH NO GUARANTEES, REPRESENTATIONS OR WARRANTIES WHATSOEVER; gWebs DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE MAILCLOAK SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR A PARTICULAR PURPOSE OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. gWebs FURTHER DOES NOT REPRESENT OR WARRANT THAT MAILCLOAK SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES gWebs WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE MAILCLOAK SOFTWARE. YOU ASSUME THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE MAILCLOAK SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, gWebs DOES NOT WARRANT THAT THE MAILCLOAK SOFTWARE WILL MEET YOUR REQUIREMENTS.
Jurisdiction's Limitations. As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You. In such event the liability will be limited as far as legally possible under the applicable legislation.
Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, gWebs SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR ACCESS TO, USE AND OPERATION OF THE MAILCLOAK SOFTWARE, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT gWebs HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity: You agree to defend, indemnify and hold gWebs, its affiliates and their respective officers, directors, employees, agents and representatives harmless from and against any liabilities, losses, expenses, costs or damages (including reasonable attorneys' fees, expert fees' and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to any claim or action based upon your breach of the terms and conditions of this Agreement. gWebs may, if necessary, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect gWebs' rights or obligations shall be made without gWebs' prior written approval. gWebs reserves the right, at its own expense and on notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end.
Article 7 General Provisions
New versions of the Agreement. gWebs reserves the right to modify this Agreement at any time by publishing the revised Agreement on the gWebs Website. The revised Agreement shall become effective to you within thirty (30) days of such publishing, unless You expressly accept the revised Agreement earlier by clicking on the accept button. The express acceptance by You, or Your continued use of the MailCloak Software after expiry of the notice period of thirty (30) days, shall constitute Your acceptance to be bound by the terms and conditions of the revised Agreement. gWebs reserves the right to make changes to this Agreement from time to time.
Entire Agreement. The terms and conditions of this Agreement constitute the entire agreement between You and gWebs with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.
Partial Invalidity. Should any term or provision hereof be deemed invalid, void or enforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect.
Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of Singapore without giving effect to any conflict of laws or provisions whether contained in Singapore law or the laws of your current state or country of residence.
Competent Court. Any legal proceedings arising out of or relating to this Agreement will be subject to the exclusive jurisdiction of the courts of the district of Singapore. You agree that in the event that You commence legal proceedings in any court outside of the district of Singapore, you will reimburse gWebs for all attorneys' fees and costs that it incurs in connection with such proceedings, irrespective of the eventual outcome of such legal proceedings.
Language. The original English version of this Agreement may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version of this Agreement, the English language version shall prevail.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE MailCloak SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO gWebs THE RIGHTS SET FORTH HEREIN.