BioCert Biometric Authenticator Lite distribution permissions and end-user license agreement
End User License Agreement (EULA)
THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE END USER, AND BIOMETRICS DIRECT.
PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING THIS
SOFTWARE. BIOMETRICS DIRECT IS WILLING TO LICENSE THE SOFTWARE TO YOU
ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS
LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS
AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE.
The enclosed computer program, referred to hereafter as the " Software ", is
licensed, not sold, to you by Biometrics Direct for use only under the terms
of this End-User License. Biometrics Direct reserves all rights not
expressly granted to you. You retain ownership of the media on which the
Software is stored, however Biometrics Direct retains ownership of the
1. End-User License
1.1 Registered software
A Registered software is the software for which a license has been paid for.
Licenses for Biometrics Direct`s softwares maybe purchased from
This License allows you to:
(a) Use a single copy of the software on a single computer. To " use " the
Software means that the Software is either loaded in the temporary memory
(i.e. RAM) of a computer or installed on the permanent memory of a computer
(i.e. Hard disk, etc.) You may install the Software on a common storage
device which is accessible by multiple computers, provided that if more
computers have access to the common storage device than the number of
licensed copies of the Software, you must acquire an End-User License for
each user concurrently using the software.
(b) Make a single copy of the Software in machine readable form solely for
backup purposes. As an express condition of this End-User License, you must
reproduce on each copy any copyright notice or other proprietary notice that
is on the original copy supplied by Biometrics Direct.
(c) Permanently transfer all your rights under this End-User License to
another party by providing to such party all copies of the Software licensed
under this agreement together with a copy of this End-User License and the
accompanying materials, provided that the other party reads and agrees to
accept the terms and conditions of this End-User License. Serial numbers,
unlock codes and other similar mechanisms however, are NOT transferable and
remain unique for each installed copy.
1.2 Evaluation software
This license allows you to use the software without charge on an evaluation
basis for thirty (30) days from the day you install the software. After the
thirty (30) days period, you must pay the license fee and register your copy
in order to continue using it. Using the software after its thirty (30) days
evaluation period is using the software in an unlicensed basis.
You may not REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE REDUCE THE
SOFTWARE TO ANY HUMAN PERCEIVABLE FORM. YOU MAY NOT MODIFY, ADAPT,
TRANSLATE, RENT, LEASE, LOAN OR CREATE DERIVATIVE WORKS BASED UPON THE
SOFTWARE OR ANY PART THEREOF.
3. Dual Media
If this package contains both CD-ROM and 3.5 inch media, you may use only
the media appropriate for your single computer or common storage device. You
may not use the media format on another computer or common storage device,
nor may you rent, lease, loan or transfer them to another user except as
part of a transfer as expressly permitted by this End-User License.
This End-User License agreement is effective until terminated. You may
terminate this End-User License agreement at any time by destroying all
copies of the software and related materials. Biometrics Direct may
terminate this license without notice to you if you fail to comply with any
of its terms. Any such termination by Licensor shall be in addition to and
without prejudice to such rights and remedies as may be available,
injunction and other equitable remedied.
Upon receipt by you of a written notice of termination from the licensor or
termination by you, you shall immediately
(a) cease using the software,
(b) return to the licensor the software and all accompanying material and
all magnetic or optical media provided to you (or destroy all copies
thereof in your possession), and
(c) within five days thereafter, provide the licensor with a written
confirmation that you have complied with the foregoing. The provisions of
sections 2,4 and 5 herein shall survive termination of this End-User License
5. Limited Warranty
Biometrics Direct warrants for a period of thirty (30) days from your date
of purchase that the media on which the Software is recorded will be free
from defects in materials and workmanship under normal use. Biometrics
Direct`s entire liability and your sole and exclusive remedy for any
non-conformance of the foregoing limited warranty, provided that such
non-conformance is reported to Biometrics Direct during the warranty period
in sufficient detail for Biometrics Direct to duplicate the non-conformance
and verify the correction, will be replacement of the software licensed on
magnetic media agreeable to licensor and licensee.
THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY BIOMETRICS DIRECT AND
EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE AND
ACCOMPANYING MATERIALS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
6. Limitation of Liability
In no event will Biometrics Direct, its parent or subsidiaries or any of the
licensors or sub-licensors, directors, officers, employees or affiliates of
any of the foregoing be liable to you for any consequential, incidental,
indirect or special damages whatsoever (including, without limitation,
damages for loss of business profits, business interruption, loss of
business information and the like), whether foreseeable or unforeseeable,
arising out of the use of or inability to use the Software or accompanying
materials, regardless of the basis of the claim and even if Biometrics
Direct has been advised of the possibility of such damage. Biometrics
Direct`s liability to you for direct damages for any cause whatsoever, and
regardless of the form of the action, will be limited to replacement of the
software that caused the damages. Because some jurisdictions do not allow
the exclusion or limitation of liability for consequential or incidental
damages, the above limitation may not apply to you.
This End-User License Agreement supersedes all prior or collateral oral or
written representations or agreements related to your right to use the
This End-User License will be construed under the laws of the State of
Washington. If any provision of this End-User License shall be held by a
court of competent jurisdiction to be contrary to law, that provision will
be enforced to the maximum extent permissible, and the remaining provisions
of this End-User License will remain in full force and effect.
The parties have agreed that this agreement be drafted in English.
PO Box 403
Freeland, WA 98249