End user agreement for SafeHouse Explorer USB Disk Encryption
TERMS AND CONDITIONS OF USE
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS SOFTWARE PACKAGE. IF YOU DO NOT AGREE WITH THEM, PLEASE DISCONTINUE USE OF THE PRODUCT.
PC Dynamics, Inc., provides this program and licenses its use under the terms and conditions stated herein. You assume responsibility for the selection of the program to achieve your intended results, and for the installation, use and results obtained from the program.
WARRANTY DISCLAIMER AND LIABILITY LIMITATION.
NO WARRANTY. This Software is made available by PC Dynamics on an "AS IS" basis and WITH ALL FAULTS. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, PC DYNAMICS AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION PERFORMANCE, RESULTS, NONINFRINGEMENT OF ANY PARTY'S RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. PC Dynamics provides no technical support or remedies for the Software.
LIMITATION OF LIABILITY. IN NO EVENT WILL PC DYNAMICS OR ITS SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN PC DYNAMICS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS, OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. PC DYNAMICS' AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THE SOFTWARE SHALL BE LIMITED TO NO MORE THAN US $.01. PC Dynamics is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability, but in no other respects and for no other purpose. For further information, contact PC Dynamics' Customer Support Department.
SOFTWARE LICENSE AGREEMENT.
BY USING, COPYING OR DISTRIBUTING ALL OR ANY PORTION OF THIS SOFTWARE, YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT. UPON ACCEPTANCE, THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE.
PC DYNAMICS PERMITS YOU TO USE THE SOFTWARE ONLY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.
"PC Dynamics" means PC Dynamics, Inc., located in Oak Park, CA, or any new or additional locations.
"Computer" means a virtual or physical electronic device which accepts and processes information in digital format.
"Software" means all contents of the files delivered or included with this product, including any or all updates, upgrades and related download files.
"Use" means to access, install, download, copy or otherwise benefit from using the functionality of the Software.
2. SOFTWARE LICENSE
If you obtained the Software from PC Dynamics or one of its authorized licensees or distribution agents, and subject to your compliance with the terms of this Agreement, PC Dynamics grants you a non-exclusive license to use the Software in the manner and for the purposes described as follows:
2.1 General Use. You may install and use the Software on your computer and on computer media, including hard drives and memory sticks. The license granted herein is a per-user license, not a per-computer or per-seat license. You are not restricted to personally using this Software on a single machine. You may personally use this Software on any computer for which you are otherwise allowed to operate by its respective owner.
2.2 Free Software. This Software is distributed and provided to you at no charge. This software is not trial software nor will it expire. PC Dynamics does not provide free technical support for this Software. Your right to support is limited to any documents, answers, forums or other such information as we may choose to publish on our website.
2.3 Sublicensing. This license does not grant you the right to sublicense all or any portion of this Software.
3. OBLIGATIONS AND RESTRICTIONS
No Modifications or Reverse Engineering. You may not modify, adapt, translate or create derivative works based upon this Software. You will not reverse engineer, decompile, dissassemble or otherwise attempt to discover the source code of the Software except to the extent such may be expressly permitted by applicable law.
3.1 Passwords. Your use and choosing of passwords are your responsibility. PC Dynamics cannot be held responsible if access to your data is compromised due to weak passwords, nor can PC Dynamics assist you in the event your password is lost or stolen.
3.2 Personal Data. Computer files created, operated upon or placed under the protection of this Software remain your responsibility and should be backed up and cared for as you would any other important files or information. PC Dynamics shall not be responsible nor liable for any loss of data due to missing backups, file corruption, lost passwords, viruses, malicious software or any other act or omission which might lead to the temporary or permanent loss of your data.
3.3 SafeHouse Professional Edition. SafeHouse Professional Edition includes a variety of advanced password management features which are compatible with this Software. This specifically includes the features known as "branding" and "resetting passwords". Your use of these features in conjunction with this Software is subject to the license terms and conditions of the SafeHouse Professional Edition software, and you must be an authorized licensed user of SafeHouse Professional Edition to use this Software in its "branded" form. Specifically, if SafeHouse Professional Edition is used to embed or brand password management information into a copy of this Software, then you must purchase or obtain a license for the SafeHouse Professional Edition and your use and distribution rights for this Software shall then be in accordance with your license for the SafeHouse Professional Edition.
You may not rent, lease, sublicense, assign or transfer your rights in this Software, or authorize all or any portion of this Software to be copied onto another user's computer except as may be expressly permitted by this Agreement. You may, however, transfer all your rights to use this Software to another person or legal entity provided that: (a) you transfer (i) this Agreement, and (ii) the Software, including all copies, updates and prior versions, to such person or entity, (b) you retain no copies, including backups and copies stored on your Computer, and (c) the receiving party accepts the terms and conditions of this Agreement.
This Software may be distributed as described below, still subject to all other provisions of this Agreement. Although PC Dynamics may seemingly have a very liberal distribution policy, this software is not open source and is not in the public domain.
5.1 Small Quantities. You are expressly permitted to freely distribute up to 500 copies of this Software without receiving written permission from PC Dynamics. You may not charge any fees for this Software under this license provision. Any recipient of such free distribution must accept this Agreement prior to using the Software.
5.2 Corporate Use. You are expressly permitted to distribute up to 500 copies of this Software to employees of your own company or organization without advance written permission from PC Dynamics, provided, however, that each employee or recipient accepts this license Agreement prior to their first use of the Software. If your organization has more than 500 employees, please contact our sales department to receive written authorization to freely distribute this Software within your organization.
5.3 Hardware and Software Bundles. You must be expressly authorized in writing by PC Dynamics to distribute this Software bundled or included with a commercial hardware or software product. At our sole discretion, and if such distribution would not be in conflict with other marketing and distribution agreements we may have, we may grant to you the right to distribute this Software with your product at no charge. Please contact our sales department for more information.
5.4 Internet Download Sites. Free, publicly-accessible Internet software download sites are hereby expressly permitted to distribute this Software at no charge to website visitors. PC Dynamics reserves the right, at its sole discretion, to revoke this distribution right if your website violates public law or our company's established policies.
5.5 Fees. You may not, under any circumstances, charge a fee to recipients for this Software under any of the distribution rights granted herein.
5.6 Unmodified Software. Any and all rights to freely distribute this Software as may be provided hereof remain subject to Section 3.3 and applies only to the "non-branded" unmodified download files which are publicly available from the PC Dynamics website or SafeHouseSoftware.com. If SafeHouse Professional Edition is used to embed or brand administration and password management information into this Software, the Software is then considered to be modified and thus not freely distributable. In this case, a license for the SafeHouse Professional Edition software will be required for each intended user of such branded or modified Software.
6. INTELLECTUAL PROPERTY OWNERSHIP
This Software and any authorized copies that you make are the intellectual property of PC Dynamics, Inc. The structure, organization and code of the Software are the valuable trade secrets and confidential information of PC Dynamics. This Software is protected by law, including without limitation the copyright laws of the United States and other counties, and by international treaty provisions. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by PC Dynamics and its suppliers.
7. EXPORT RULES
Use of this Software is subject to US export laws. This Software may not be transported, distributed or used in any country presently listed by the US Department of State as a terrorist State.
8. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the substantive laws in force in the State of California, USA.
9. TERM OF LICENSE
The license is effective until terminated. You may terminate it at any time by destroying the program and all copies, modifications and merged portions of the program in any form. The license also terminates upon conditions set forth elsewhere in this Agreement or if you fail to comply with any term or condition of this Agreement. Upon termination, you agree to destroy the program together with all copies, modifications and merged portions in any form.
10. LIMITATIONS OF REMEDIES
IN NO EVENT WILL PC DYNAMICS, INC., BE LIABLE TO YOU FOR ANY DAMAGES INCLUDING ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH PROGRAM EVEN IF PC DYNAMICS, INC., OR AN AUTHORIZED PC DYNAMICS, INC., DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU (AND NOT PC DYNAMICS, INC., OR AN AUTHORIZED PERSONAL COMPUTER DEALER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICE, REPAIR OR CORRECTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
PC Dynamics, Inc., does not warrant that the functions contained in the program will meet your requirements or that the operation of the program will be uninterrupted or error-free.
11. GENERAL PROVISIONS
If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any part dealing as a customer. This Agreement may only be modified by a writing signed by an authorized officer of PC Dynamics. Updates to this Software may be licensed to you on different terms. This is the entire Agreement between you and PC Dynamics relating to this Software and it supersedes any prior representations, discussions, undertaking, communications or advertising relating to this Software.
Should you have any questions concerning this Agreement, you may contact PC Dynamics, Inc., by writing to PC Dynamics, Inc., 6104 Bryndale Avenue, Oak Park, CA 91377.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.