Dekart Private Disk Multifactor distribution permissions and end-user license agreement
END-USER SOFTWARE LICENSE AGREEMENT
IMPORTANT: THIS END-USER SOFTWARE LICENSE AGREEMENT ("AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND DEKART. ("DEKART") FOR THE SOFTWARE IDENTIFIED ABOVE. BY INSTALLING, COPYING, OR OTHERWISE USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF ANY OF THE TERMS AND CONDITIONS ARE NOT ACCEPTABLE TO YOU, DO NOT USE THE SOFTWARE; INSTEAD, RETURN THE PACKAGE TO THE COMPANY FROM WHICH YOU RECEIVED IT AND YOU WILL RECEIVE A FULL REFUND IF YOU: (A) DO NOT USE THE SOFTWARE AND (B) RETURN IT WITH PROOF OF PAYMENT WITHIN THIRTY (30) DAYS OF THE PURCHASE DATE.
1. DEFINITIONS. "Software" means (a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to (i) Dekart or third party computer information or software; (ii) related explanatory written materials or files ("Documentation"); and (iii) fonts; and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by Dekart (collectively, "Updates"). "Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation. "Dekart" The structure, organization and code of the Software are the valuable trade secrets and confidential information of Dekart. The Software is copyright protected.
5. NON-DEKART PRODUCTS. The Software may include or be bundled with hardware or other software programs licensed or sold by a vendor other then Dekart. Any such products are provided on and "AS IS" basis and are not warranted by Dekart. Any warranty service for non-Dekart products is provided by the product vendor in accordance with the applicable vendor warranty.
6. LIMITED WARRANTY. Dekart warrants to You that for ninety (90) days from date of purchase (the "Warranty Period): (a) the media on which the Software is stored will be free of defects; (b) the Software will substantially conform to the Documentation accompanying the Software. If the defective item(s) are returned to Dekart or if You send an error report(s) to Dekart within the Warranty Period, Dekart will at its sole discretion either resolve the problem(s), or replace the Software, or refund the license fees You paid for the Software. Any misuse or unauthorized modification of the Software voids this warranty. The warranty referenced above is Your sole and exclusive remedy and is in lieu of all other warranties, express or implied. The warranty referenced above does not apply to Software provided free of charge. Such Software is provided "AS IS" without any warranties of any kind. The Software is not designed, manufactured or intended for use of distribution with on-line control equipment in hazardous environments requiring fail-safe performance. Such as in the operation of nuclear facilities, aircraft navigation, communication, or control systems, direct life support machines, weapons systems, or other uses in which failure of the software could lead directly to death, personal injury, or serve physical or environment damage.
7. LIMITATION OF LIABILITY. IN NO EVENT WILL DEKART BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN DEKART REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE LIMITATIONS AND EXCLUSIONS REFERENCED ABOVE APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. DEKART`S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. The above exclusions and limitations will not apply to claims relating to death or personal injury. In those jurisdictions that do not allow the exclusion or limitations damages, Dekart`s liability shall be limited or excluded to the maximum extent allowed within those jurisdictions.
8. EXPORT RESTRICTION. You will comply fully with all applicable laws and regulations of United States and other countries ("Export Laws") to assure that Software is not: (a) exported, directly or indirectly, in violation of Export Laws; or (b) used for any purpose prohibited by Export Laws.
9. GOVERNING LAW. Any use of the program which is illegal under international or local law is forbidden by this licence. Any such action is the sole responsibility of the person committing the action.
10. TERM. This Agreement becomes effective on the date You legally acquire the Software and will automatically terminate if You breach any of its terms. Upon termination of this Agreement, You must destroy the original and all copies of the Software or return them to Dekart and delete the Software from Your system(s).
11. NO SPYWARE. The Dekart software does not contain spyware of any kind. It does not install any tracking software on your system, or collect personal information about you and your browsing habits. Dekart software does not "spy" on other programs you run or web sites you visit. We also don`t serve monitor usage or serve ads from the client software. The Dekart software does not come bundled with any third party software.
You are free to distribute this program as shareware to others,
provided you distribute all original files without modification, and
provided that you clearly explain the concept of shareware and the
understanding that your medium provides `evaluation` copies to try and
that the purchasers of the program shall pay to Dekart SRL the cost of the
program using secure web shop at the Dekart web site.
After payment the user will receive authorisation code for use of the program.
Authorisation code obtained in any other way will be considered invalid.
No one may distribute any Dekart user
authorization code or branded version of the program to any other
individual or group. The author also requests that you send an email
address to email@example.com so he can notify you of major updates so your
customers will know they are downloading the most recent version.
Press is authorized to distribute it on any Cover Disk, CD-ROM without permission from Dekart. Please inform us by email (firstname.lastname@example.org) each time you distribute the SHAREWARE VERSION.
For current URLs, quality screenshots, reviews, icons,
please visit http://www.dekart.com.
You may not use, copy, rent, lease, sell, modify, decompile,
disassemble, otherwise reverse engineer, or transfer the licensed
program except as provided in this agreement. Any such unauthorized
use shall result in immediate and automatic termination of this license.
Shareware Catalog Web sites are authorized to distribute it as a download file (hosted or linked to Dekart site) without permission from Dekart. Please inform us by email (email@example.com) if you include the SHAREWARE VERSION on your site.
Dekart may revoke any permissions granted here, by notifying you in writing. All rights not expressly granted here are reserved to Dekart.