Dekart Secrets Keeper 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, INC. ("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" means Dekart, Inc., having its legal address at 6 Curlew Place, Massapequa, NY 11758 United States, and / or its affiliates/branches.
2. GRANT OF LICENSE. As long as you comply with the terms of this Agreement, Dekart grants to You a non-exclusive, non-transferable right for Your internal use to Use the Software in a quantity necessary for its intended purposes described in the Documentation. The Software may include or be bundled with other software programs licenses under different terms and/or licensed by a vendor other than Dekart. Use of any software programs accompanied by a separate license agreement is governed by that separate license agreement. Any third party software that may be provided with the Software is included for use at Your option. Dekart is not responsible for any third party`s software and shall have no liability for Your use of third party software.
3. EVALUATION. If the Software is an evaluation version or is provided to You for evaluation purposes, then Your license to use the Software is limited solely to internal evaluation purposes in accordance with the terms of the evaluation offering under which You received the Software and expires 30 days from installation (or such other period as indicated by the Software) and the Software may cease to function. Upon expiration of the evaluation period, You must discontinue use of the Software and delete the Software entirely from Your system. The Software may contain an automatic disabling mechanism that prevents its use after a certain period of time, so You should back up Your system and take other measures to prevent any loss of files or data.
4. INTELLECTUAL PROPERTY RIGHTS. The Software and any copies that You are authorized by Dekart to make are the intellectual property of and are owned by Dekart. No title to or ownership of the Software is transferred to You. Dekart owns and retains all title and ownership of all intellectual property rights in the Software, including any adaptations or copies. You acquire only a license to use the Software. 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 REPRSENTATIVE 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. The Agreement will be governed by the substantive law, excluding private international law rules, of the country of principal residence of End-User, where that country is 1) a member state of the European Union or 2) a member state of the European Free Trade Area. In any other case, the applicable law shall be the law of the State of New York, US. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
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).
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 firstname.lastname@example.org 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 (email@example.com) 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 (firstname.lastname@example.org) 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.