End user agreement for DriveSentry
DRIVESENTRY INC. END USER LICENSE AGREEMENT (EULA)
PLEASE READ THIS CAREFULLY BEFORE YOU DOWNLOAD/USE THIS SOFTWARE
1.1. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND DRIVESENTRY INC AND ITS AFFILIATES (“DriveSentry”). BY INSTALLING, COPYING OR OTHERWISE USING ANY OF OUR SOFTWARE AND SERVER PRODUCTS INCLUDING UPGRADES, OBJECT CODE, SOURCE CODE AND RELATED DOCUMENTATION ("SOFTWARE") FOR ANY PURPOSE, YOU ARE AGREEING TO BE BOUND BY THIS LICENCE INCLUDING WITHOUT LIMITATION THE EXCLUSIONS AND LIMITATIONS OF OUR LIABILITY CONTAINED THEREIN. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS LICENCE YOU MAY NOT INSTALL, COPY OR OTHERWISE USE ANY OF OUR SOFTWARE. IF YOU DO NOT AGREE TO THESE TERMS PRIOR TO INSTALLATION, YOU MAY RETURN OR DESTROY THE SOFTWARE.
1.2. Our Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties, including patents. There are also patented and patent pending applications filed on the processes embodying the Software.
1.3. Our Software is licensed, not sold, and you never acquire any other rights in Our Software other than a right to use in accordance with this License.
2. Grant of licence
2.1. You are not permitted to install or use the Software except in accordance with this license. In consideration of your agreement to the terms of this License, DriveSentry grants you a non-exclusive right ('License') to install and operate the Software as permitted by this License.
2.2. YOU ARE PERMITTED:
2.2.1. to install, store and operate only one copy of the Software on one computer or server at any one time and not via any network or by means of remote or other access except as otherwise agreed between you and DriveSentry Inc in writing in advance;
2.2.2. to operate any of the Software that performs anti-virus protection or other protection functions in the manner specified in the documentation accompanying Our Software, namely to protect your computer system against attack by unknown or malicious software;
2.2.3. to make necessary back-up copies of the Software in support of your permitted use of the Software provided you label the back-up copy with the DriveSentry’s copyright and patent notice. This License does not allow you to make any other copies of the whole or any part of the Software; and
2.2.4. to operate the Software for your personal use or in your business or profession, provided that permitting unauthorized access to, copying or use of the Software is a breach of this License.
2.3. YOU MAY NOT NOR PERMIT OR ALLOW OTHERS TO:
2.3.1. install, use or copy the Software except as permitted by this License;
2.3.2. transfer or assign or sub-license rights in the Software or this License on a permanent or temporary basis to any other party;
2.3.3. sell, rent, loan, lease, sub-license, offer use of the Software as a service to third parties or otherwise deal in the Software;
2.3.4. alter, adapt, merge, modify or translate the Software in any way for any purpose, including, without limitation, for error correction;
2.3.5. reverse-engineer, disassemble or decompile the Software except that you may decompile the Software only to the extent where local applicable law requires that DriveSentry permit these acts where such acts are indispensable to obtain the information necessary to achieve the interoperability of an independently created program with the Software and provided always (i) such information is not readily available from DriveSentry or elsewhere and (ii) such information is kept confidential by you;
2.3.6. remove, change or obscure any product identification or notices of rights and restrictions on or in the Software; or
2.3.7. disclose or use any source code or confidential information of DriveSentry recovered as permitted under applicable law pursuant to clause 2.3.5, except to the extent applicable law requires DriveSentry to permit such use for development of software interoperable with the Software.
3. FREE VERSIONS of Our Software
3.1. Our Software is available free of charge for an initial period of 30 days following installation (the “Initial Period”). You may continue to use the software without payment following the Initial Period in accordance with this clause 3 (the “Free Version”). The Free Version may have functional limitations after the Initial Period including - but not limited to - manual Updates (as defined in clause 5).
3.2 If, following the Initial Period you choose to continue using the Free Version, you may use the software solely for personal, non-commercial home use only. You may not use the Free Version in any other environment (commercial, education, non-profit, government) without payment.
3.2 The Free Version may be distributed freely in its original, unmodified format subject to the terms of this license. You may not repackage the software or in other ways change the setup program or any other files. You are free to include the DriveSentry installation files on CD-ROMs or any other media providing that you do NOT charge the end-users for the software, and that you send a request to email@example.com describing when and how you intend to distribute the software.
3.3 If during or following the Initial Period you choose to upgrade to the paid version of our Software (the “Commercial Version”) such use shall be subject to the terms of this License excluding clause 3.2
4. Distribution of Our Software
4.1. Other than as set out in clauses 2 and 3 above, you may not distribute copies of the installation file of the Software or our server based products which you are prohibited from distributed unless authorized by DriveSentry in writing.
6. Term and termination
6.1. This license will continue until terminated in accordance with this clause 6.
6.2. You may terminate this license at any time by destroying, deleting or returning to DriveSentry the Software together with all copies in any form, including copies on your hard and back-up disks and related documentation.
6.3. This license will terminate immediately if you commit a material breach of its terms. This license will also terminate immediately if you become bankrupt, go into liquidation, suffer or make any winding up petition, make an arrangement with your creditors, have an administrator, administrative receiver or receiver appointed or suffer or file any similar action in consequence of debt. Upon termination under this clause 6.3, you must destroy, delete or return to DriveSentry the Software together with all copies in any form, including copies on your hard and back-up disks and related documentation.
6.4. Upon termination for any reason, you shall promptly cease use of and distribution of Our Software in any form and the provision of services relating to Our Software. You shall also promptly cease use of or distribution of software incorporating or based on Our Software in any way.
7. Limited warranty (applicable to commercial version only)
7.1. DriveSentry warrants only to you, as the original licensee, that the Software will perform substantially in accordance with the accompanying documentation under normal use and when operated in accordance with that documentation ('the Warranty') for a period of 60 days from the date of receipt by you of Our Software (whether during any applicable trial period or otherwise) ('the Warranty Period'). The Warranty is void to the extent that failure of the Software has resulted from accident, abuse, misapplication, modification, or use of our software other than in accordance with this license. Any replacement for the Software supplied pursuant to clause 7.2.1 will be warranted for the remainder of the Warranty Period or 30 days, whichever is longer. Any Support Services provided by DriveSentry shall only be as described in applicable written materials provided to you by DriveSentry Inc.
7.2. DriveSentry’s entire liability and your exclusive remedy under the Warranty will be, at DriveSentry’ option to either:
7.2.1. repair or replace Our Software which does not conform with the Warranty; or
7.2.2. refund the price paid for Our Software (if applicable) and terminate this License.
7.3. This remedy is subject to the return of Our Software with a copy of your payment receipt (if applicable) to your supplier or DriveSentry not later than 5 days after the end of the Warranty Period. The Warranty gives you specific rights. You may have other legal rights that vary from jurisdiction to jurisdiction.
8. Exclusion of warranties
8.1. Without prejudice to the limited Warranty (applicable to the commercial version only), to the maximum extent permitted by law DriveSentry and its suppliers disclaim all other warranties, conditions or representations, express or implied, statutory or otherwise, including without limitation the implied terms of satisfactory quality and fitness for a particular purpose, WHICH are excluded. DriveSentry does not warrant that the operation of the Software will be error free or uninterrupted or that THE SOFTWARE provides absolute protection. You acknowledge that it is your responsibility to ensure that Our Software is suitable for your needs and that any hardware or software with which you propose to use the Software is in good order and operating condition at all times and that the entire risk as to the performance and results of the Software is assumed by you. Any other software and/or hardware not produced by DriveSentry furnished with, accompanying or used with Our Software is not warranted by DriveSentry.
9.1. THE SOFTWARE IS PROVIDED "AS-IS" AND (EXCEPT FOR THE EXPRESS LIMITED WARRANTY) USE OF OR RELIANCE ON THE SOFTWARE IS AT YOUR SOLE AND ABSOLUTE RISK. To the extent permitted by law, in no event will either DriveSentry or its suppliers be liable for any direct, indirect, consequential, incidental, or special damage or loss of any kind (including without limitation loss of profits, loss of contracts, business interruptions, loss of or corruption to data) however caused and whether arising under contract, tort, or otherwise arising out of the use of or inability to use the Software and whether or not DriveSentry or its suppliers have been advised of the possibility of such damage or loss.
9.2. Without prejudice to clause 8.3 and to the extent permitted by law, if any exclusion, disclaimer or other provision contained in this License is held invalid for any reason and DriveSentry becomes liable for loss or damage that could otherwise be limited, such liability, whether in contract, tort or otherwise, will not exceed the amount actually paid by you for the Software or £1000 whichever is the greater.
9.3. In the event there is any cause of action brought against DriveSentry for fraud, death or personally injury subject solely to the jurisdiction of England or Wales, then the limitations of clauses 8.1 and 8.2 shall not exclude or limit DriveSentry' liability for damages caused by its negligence.
10.1. This License is the entire agreement between you and DriveSentry and supersedes any other oral or written communications, agreements or representations with respect to the Software.
10.2. Nothing in this License will affect the statutory rights of a consumer in 'consumer transactions' under any applicable statute.
10.3. If any part of this License is held by a court of competent jurisdiction to be unenforceable the validity or enforceability of the remainder of the License will not be affected.
10.4. This License is governed in all respects and shall be construed by the laws of the State of New York, U.S.A. as applied to contracts entered into solely between residents of, and to be performed entirely within such State, without application of its conflict of laws provisions and the parties hereto irrevocably consent and agree that: (i) any legal or equitable act or proceeding arising under or in connection with this License shall be brought in the Federal or State courts of New York, to the exclusion of any other fora, (ii) the jurisdiction of such courts applies to such proceeding and (iii) they have waived any defense that such courts are not convenient or an improper venue, provided that if the Software is delivered to the European Union, then this License shall be governed by the laws of England and Wales and the parties hereto submit to the exclusive jurisdiction of the Courts of England and Wales.
10.5. Any questions or notices concerning this License should be directed to DriveSentry Inc by email to firstname.lastname@example.org.
10.6. DriveSentry may assign, sub-license, sub-contract, mortgage or otherwise transfer this license or any of its rights or obligations under it.
10.7. You shall comply with all relevant import and export laws, rules and regulations affecting the Software or any portion of it including, without limitation, those applied by the United States. Regardless of any disclosure made by to DriveSentry of the destination of the Software, you will not export or re-export, directly or indirectly, the Software without first obtaining all written consents or authorizations which may be required by any such laws, rules or regulations.
10.8. In installing this software you confirm that we may use the information that you provide us, or we already hold about you, or which we receive from our payment and software activation processor to record and confirm your identity. Our payment and software activation processor will gather the information that you provide together with other hidden system identifiers relating to your computer and/or the network to which it is connected. Our payment and software activation processor will pass that information to us and maintain a copy itself. The purposes of us gathering this information are for the administration/reporting of our software licenses and the prevention, detection and investigation of fraud or the infringement of our intellectual property rights. Processing of this information may take place outside of the United States.
10.9. You acknowledge that breach of this License by you would cause irreparable harm to DriveSentry, the extent of which would be difficult to ascertain. Accordingly, you agree that, in addition to any other legal remedies to which the DriveSentry might be entitled, DriveSentry shall be entitled to immediate injunctive relief in the event of a breach or threatened breach of the provisions of this License.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS LICENSE AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
YOU AGREE THAT BY INSTALLATION OF THE SOFTWARE, YOU ARE AGREEING TO THE TERMS AND CONDITIONS OF THIS LICENSE.