End-User License Agreement
NOTICE TO USER:
PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS SOFTWARE.
Safeplicity Ltd provides this software and licenses its use under the terms and conditions stated herein. You assume full responsibility for the selection of the program to achieve your intended results, and for the installation, trial, use and results obtained from the program.
BY USING, COPYING OR DISTRIBUTING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE.
This End User License Agreement ("Agreement") is a legal Agreement between you, the customer, and Safeplicity Ltd (“Lisensor”), regarding the installation, evaluation, purchase and use of the Safeplicity software (hereinafter referred to as “Software”).
In this Agreement, "you" and "your" refer to you, the customer and his or her agents, and "we", "us" and "our" is herein collectively referred to as “Licensor”, " Safeplicity Ltd".
"Documentation" as used in this Agreement means written information (whether contained in user or technical manuals, training materials, specifications or otherwise) specifically pertaining to the Software and made available by the Licensor in any manner (including on CD-ROM or on-line).
THE LICENSOR IS WILLING TO ALLOW THE SALE AND USE OF THE Software TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. BY ACCEPTING THIS AGREEMENT YOU ARE BINDING YOURSELF TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN THE LICENSOR IS UNWILLING TO ALLOW THE SALE AND USE OF THE SOFTWARE TO YOU AND YOU MUST NOT DOWNLOAD, INSTALL, ACTIVATE, OR USE THE SOFTWARE.
IF YOU ARE UNDER 13 YEARS OF AGE, YOU MAY NOT PURCHASE OR USE THE NEWSOFTWARE’S PRODUCTS. IF YOU ARE BETWEEN THE AGES OF 13 AND 18 YEARS OF AGE YOU MAY ONLY PURCHASE AND USE THE SOFTWARE AFTER RECEIVING PRIOR CONSENT FROM YOUR PARENTS OR LEGAL GUARDIANS.
ANY trial, PURCHASE OR USE OF the Software WITHOUT AGREEING TO THE TERMS OF THIS AGREEMENT IS STRICTLY PROHIBITED.
DESCRIPTION OF SOFTWARE
Throughout this agreement, the following descriptions shall apply.
More detailed information regarding the Software can be found at http://www.safeplicity.com.
"Safeplicity" is a software program that allows you to protect by encryption and hide data on your computer and/or portable devices, offering password protection of your files and folders.
For purposes of this Agreement, "Software" shall include (and the terms and conditions of this Agreement shall apply to) the Safeplicity Software and any upgrades, updates, bug fixes or modified versions thereto (collectively, "Upgrades") or backup copies of the Safeplicity Software licensed or provided to you by Safeplicity Ltd.
A software update is defined as a new published change to the software having a same major version number to the left of the decimal point as the version you purchased.
GRANT OF LICENSE
Unless otherwise noted in this Agreement, and to the full extent allowed under any applicable laws, all terms and conditions of this Agreement apply to all evaluation installations, purchases and use of the Software.
LIMITED EVALUATION LICENSE
Subject to the terms of this Agreement, you are hereby licensed by the Licensor to use for evaluation purposes a copy of the Software without charge for a period of 30 days.
You may install the evaluation-mode software on any number of machines without being required to purchase extra licenses. In this mode, the trial version of Software will allow full read-write access to your protected folders and files, from any computer, while still being in full compliance with this Agreement.
If you want to continue to use the Software after the 30 day evaluation period, you must acquire from the Licensor, for a fee, a license for the Software. If you do not purchase the Software after the evaluation period is expired, your ability to protect, encrypt or hide new files or folders will cease to function, however, you will still be able to restore your files from the files protected by the Software, but never will be able to
protect them again unless you purchase a license.
You may freely include copies of the evaluation-mode installation program on USB memory sticks, memory cards and other external media as may be necessary to have full and immediate access to your protected data files which might also be stored on that same media.
Under certain conditions the Licensor may extend the evaluation mode period of the Software for some customers. Providing such an extension of the evaluation period and specifying requirements under which it can be granted will be entirely at the Licensor’s discretion and will be performed by issuing a special time-limited registration key allowing to extend the evaluation period.
DISTRIBUTING EVALUATION MODE COPIES
You may make copies of unregistered version of the Software for distribution in CD/DVD, USB sticks, memory cards or by other means for the sole purpose of advertisement, exposure etc., however you cannot distribute registered versions and registration keys. Such a distribution will be considered illegal and will be prosecuted to the maximum extent under the law.
Operators of public Internet software download sites may freely post a copy of the evaluation mode software on websites for free public downloading. Activation keys may not be published to the Internet in any form, and doing so is in violation of this Agreement.
The Licensor reserves the right to revoke this granted right from any website or website operator who, in our sole opinion, allows or promotes content which is illegal or in conflict with our company's policies.
NON-EVALUATION GRANT OF LICENSE
Conditioned upon compliance with the terms and conditions of this Agreement including the purchase of the Software, the Licensor grants to you a non-exclusive and non-transferable license to use the Software that you have purchased and properly registered on the Licensor’s site and its related Documentation. Upon purchasing this non-evaluation license you may install the Software and use it on one computer, up to 3 (three) large volume portable storage devices with memory size exceeding 20 (twenty) Gigabytes and unlimited number of small volume portable storage devices with memory size below 20 (twenty) Gigabytes.
The non-evaluation license, which is granted to you after purchasing the Software is perpetual, meaning that it does not contain time restrictions and you can use it for life time. Additionally, after obtaining this non-evaluation license, you are entitled to use free updates for 1(one) year from date of purchase, or as may otherwise be made available to you by the Licensor.
MAKING AND USE OF ADDITIONAL COPIES OF NON-EVALUAITON LICENSED VERSION IS STRICTLY PROHIBITED. YOU MAY USE A TRIAL VERSION OF THE software IN THE EVALUATION MODE, IF YOU use of the software ON ANOTHER COMPUTER THAT HAS NOT PURCHASED A LICENSE FOR THE PRODUCT.
TITLE AND LIMITATIONS
This is a license, not a transfer of title, to the Software and Documentation. The Licensor retains exclusive ownership of all copies of the Software and Documentation. You are granted no implied licenses to any other intellectual property rights other than as specifically granted herein. All rights in and to the Software not expressly granted to User in this Agreement are reserved by Licensor. Nothing in this Agreement shall be deemed to grant, by implication, estoppel or otherwise, a license under any of the Licensor’s existing or future patents.
You acknowledge that the Software and Documentation contain trade Secrets of the Licensor, its suppliers, or licensors, including but not limited to, the specific internal design, structure, organization and source code of individual programs and associated interface information. Accordingly, except as otherwise expressly provided under this Agreement, you shall have no right and you specifically agree not to:
i. Transfer, assign or sublicense its license rights to another person or entity and you acknowledge that any attempted transfer, assignment, sublicense or use shall be void;
ii. Make error corrections to, or otherwise modify or adapt, the Software or to create derivative works based upon the Software, or permit third parties to do the same;
iii. Reverse-engineer or decompile, decrypt, disassemble, attempt to derive the source code for the Software or otherwise reduce the Software to human-readable form, except to the extent otherwise expressly permitted under applicable law notwithstanding this restriction;
ACCESS TO the Software
In order to use the Software, you must provide all equipment and software necessary to use the Software that are not a part of the Software, including, but not limited to, a computer that is in working order running an operating system compatible with the Software and that is suitable for use in connection with the Software. You are responsible for ensuring that your equipment and / or software does not disturb or interfere with Software's operations. If any upgrade or modification to the Software requires changes in your equipment or software, you must effect these changes at your own expense.
Unless explicitly stated otherwise, any new or additional features that augment or enhance the Software, including the release of new products and services, shall be subject to the terms and conditions of this Agreement.
Encryption Feature Specific Notice:
The Software provided hereunder contains features and functionality that allows you to protect sensitive information in files and folders on your computer and/or portable storage devices. You will be required to provide a password in order to encrypt and protect such information. The Software uses 256-bit Military grade AES encryption to secure your data. You assume full responsibility for your own selection of encryption passwords. In the event that you lose or cannot remember the password you will not be able to recover the information you have encrypted. The Licesnor is also unable to recover forgotten passwords. The Licensor shall not be liable in the event your password is lost, stolen or compromised in any way.
You assume full responsibility for caring for your personal data. Files protected by the Software should be backed up and cared for as would be any other important files. The Licensor shall not be liable in any way for any loss of data related or unlrelated to the use of this software.
Use of the Internet by the Software
The Software may automatically use the Internet to the purpose of performance improvement and updates, such as, but not limited to, bug fixes and security updates, for the Software. Such updates may be installed automatically. The Software may also contact any of the Licensor’s websites to verify the status of any license and right to use the Software for anti-cracking and preventing License Agreement violation purposes.
You agree that the Licensor may, at its sole discretion, access our software on your computer, and/or cause the Software to contact any of the Licensor’s websites, in order to provide additional or modified functionality, updates, enhancements, security updates and patches, and upgrades to the Software or to remove or terminate the functionality of any elements of the Software in accordance with the termination provisions of this Agreement (collectively "Modifications").
UNINSTALLING THE SOFTWARE
You may uninstall the Software by using any uninstall utility that accompanies the installed Software or through the uninstall mechanism provided by your compatible operating system. Uninstalling the Software will cause it to cease to functioning. Uninstalling the Software will result in you not being able to access any encrypted data that was stored using the Software. The Licensor does not warrant that any and all portions of the Software will be removed by any uninstall utility or the uninstall mechanism of your operating system. The Licensor does not warrant that all of your computer's software content, including but not limited to the operating system, will regress to a state of operation, including but not limited to settings and options that are identical to those that existed prior to the installation of the Software. You remain bound by the terms of this Agreement, including but not limited to its disclaimer of warranties, limitation of liability, exclusive remedy, intellectual property, and ownership clauses even after you uninstall the Software.
For details of your purchasing terms please see our Sales Policy.
You agree to maintain and reproduce all copyright, trademarks and other proprietary notices on all copies, in any form, of the Software in the same form and manner that such copyright and other proprietary notices are included on the Software.
This Agreement shall be effective as of your acceptance of this Agreement and shall continue in effect until terminated. Either party may, at its election and in its sole discretion, terminate this Agreement at will, except as otherwise set forth in this Agreement. The Licensor specifically reserves the right to terminate this Agreement and your use of the Software immediately, without notice from the Licensor, if you fail
to comply with any provision of this Agreement.
You may terminate it at any time by destroying the program and all copies, modifications and merged portions of the program in any form. Upon termination, you agree to destroy the program together with all copies, modifications and merged portions in any form.
ALLOCATION OF RISK
You acknowledge and agree that the Licensor has set its prices and entered into this Agreement and sales of the Software in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that the same reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the same form an essential basis of the bargain between the parties.
THE SOFTWARE AND THE LICENSOR’S SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FUNCTIONALITY OR ITS BEING VIRUS, SPYWARE OR MALWARE FREE. YOU RECOGNIZE THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH LICENSOR WOULD NOT HAVE AGREED TO ENTER THIS AGREEMENT. LICENSOR DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SOFTWARE AND SERVICES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING SOFTWARE AND SERVICES SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY WHATSOEVER. LICENSEE ACKNOWLEDGES THAT HE OR SHE HAS RELIED ON NO WARRANTIES OR STATEMENTS OTHER THAN AS MAY BE SET FORTH HEREIN. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. The Licensor does not warrant that the functions contained in the program will meet your requirements or that the operation of the Software will be uninterrupted or error-free. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU (AND NOT the Licensor OR AN AUTHORIZED Licensor’s DEALER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICE, REPAIR OR CORRECTION.
LIMITATION OF LIABILITY
IN NO EVENT WILL the Licensor BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, LOST DATA, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, LOST PROFITS, LOST REVENUE OR SAVINGS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF CAPITAL OR OTHER SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY Licensor’s PRODUCT FURNISHED OR TO BE FURNISHED BY the Licensor UNDER THIS AGREEMENT OR THE USE THEREOF, EVEN IF the Licensor HAS BEEN ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND THE AGGREGATE LIABILITY OF the Licensor UPON ANY AND ALL CLAIMS HOWSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY Licensor’s PRODUCTS.
UNDER NO CIRCUMSTANCES SHALL LICENSOR’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY LICENSEE UNDER THIS AGREEMENT. You ACKNOWLEDGE THAT THE FEES PAID BY you REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT LICENSOR WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE maximum EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION
User shall defend, indemnify and hold harmless the Licensor, its officers, directors, contractors, agents and employees, from any and all claims or causes of action arising out of use of or related to the Software, and pay any and all damages and expenses (including but not limited to attorneys fees incurred by the Licensor and/or third parties) in connection therewith. The Licensor reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Licensor in asserting any available defenses.
You acknowledge that you are solely responsible for compliance with applicable laws in your country when using the Software.
You shall not use the Software in any way that violates any local or state laws, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other computer crime regulations, etc. The Licensor does not monitor or edit any materials which you may move through or with the Software.
You represent and warrant that you have rights to the computer and/or portable storage devices you intend to install the Software on, you shall use them only for lawful
purposes, you will comply at all times with all applicable state and local laws and regulations applicable to the use of the same.
Every provision of this Agreement will be construed, to the full extent possible, so as to be valid and enforceable. If not, then such provision will be deemed severed from this Agreement.
If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof, and the unenforceable provision shall be automatically amended to so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law.
This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which together shall constitute the same instrument. Any waiver of a provision of this Agreement must be in writing and signed by the party to be charged. A valid waiver hereunder shall not be interpreted to be a waiver of that obligation in the future or any other obligation under this Agreement.
This Agreement supersedes any prior representations regarding the same subject matter hereof.
This Agreement constitutes the entire agreement between the parties related to the subject matter hereof, supersedes any prior or contemporaneous agreement between the parties relating to the Software and shall not be changed except by written agreement signed by an officer of the Licensor.
The Licensor reserves the right at any time, without liability or prior notice, to change the features or characteristics of the Software, this Agreement, or the Software’s documentation and related materials.
This Agreement will in all respects be governed by and interpreted, construed and enforced in accordance with the laws of England.
QUESTIONS OR ADDITIONAL INFORMATION
If you have any questions regarding this Agreement or wish to obtain additional information, you can contact us at:
Suite 34, New House
67-68 Hatton Garden
Company number: 06426342
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.