encrypted::Mail distribution permissions and end-user license agreement
DATA FORTRESS INC.
END USER LICENSE AGREEMENT
(TERMS & CONDITIONS OF PRODUCT USE)
This agreement is by and between Data Fortress Inc, owner of encrypted::Mail, and you, as individual or entity. Unless the context requires otherwise, Data Fortress Inc. and any products owned or developed by Data Fortress, Inc., shall be referred to as "us, we, or our" and you as an individual or entity shall be referred to as "you, your, subscriber or user."
By using / evaluating this product, you accept the terms of this agreement in its entirety and agree to be forever bound by the terms herein. If you do not agree to the terms of this agreement, in whole or part, you may not download, evaluate, install or use this product. You, as an individual, installing the same on behalf of a business entity or organization, declare that you have the authority to do the same on said business entity or organizations behalf. You further state that you are at least eighteen years of age and not prohibited from entering into a legal, binding contract. This End User License Agreement (EULA) and / or terms and conditions applies to updates, upgrades, supplements, add on components or any other product we provide or make available to you after you obtain your initial copy of said product.
We reserve the right to amend, modify or terminate any of the terms herein, in whole or part without prior notice. Should you fail to comply or if you do not agree with said amendments, modifications or termination, you must uninstall, destroy and discontinue use of said product in its entirety.
You know, understand and agree that our product is protected by United States Copyright Laws and or International Treaty provisions. We own, retain all rights, title and interest in this product, including but not limited to all copyrights, trade secrets, trademarks, patents and other intellectual property rights contained therein. Our products are licensed, not sold. You are granted a non-transferable, non-exclusive right to the use of this product, upon acceptance of this agreement, subject to payment for the same. You may not alter, copy, distribute, loan, reproduce for personal use or sale, rent, sale, share, sublease, transfer, disassemble or reverse engineer this product or your rights of use to this product under the terms of this agreement. This product is owned and shall remain the property of Data Fortress, Inc. or it`s assignee`s if any. Nothing in this agreement shall constitute a waiver of our rights with respect to ownership of the same. Further, we reserve all rights not expressly granted to you in this agreement.
You understand that you are granted the right / license to use the product. We are not responsible for the performance of the product should you choose not to purchase the product pro version and will not warrant, guarantee, refund or replace the product should you fail to comply with any of the terms herein and such other information/recommendations as provided in the program setup wizard or our site information.
You agree to use this product for lawful purposes and state that you are not using this product to engage or communicate with others who may engage in illegal activities, including, but not limited to the distribution, producing of, sale of, drugs, weapons, chemical warfare, for acts of terrorism, child pornography or any other manner or means which could be deemed as destructive, harmful or illegal.
You are informed that the product and/or documentation are subject to the U.S. Export Administration Regulations. You shall not export, re-export, import or transfer the product and/or documentation contrary to U.S. or other applicable laws in any direct or indirect manner, and you shall not aide or facilitate others in the engagement of any such acts. You represent and warrant that your export privileges have not been suspended, revoked or denied by the United States Bureau of Export Administration or any other federal agency, and that you are not located in, a resident of, or a citizen of Albania, Armenia, Azerbaijan, Belarus, Bulgaria, Cambodia, Cuba, Estonia, Georgia, Iran, Iraq, Kazakhstan, Kyrgyzstan Republic, Laos, Latvia, Libya, Lithuania, Moldova, Mongolian People`s Republic, North Korea, People`s Republic of China, Romania, Russia, Sudan, Syria, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, Vietnam or any other country to which the United States has embargoed goods. You shall not use or transfer the product or documentation for end use relating to any nuclear, chemical or biological weapons or missile technology unless authorized by the United States Government by regulation or specific license. You acknowledge that compliance with any and all import and export laws is your responsibility and that Data Fortress, Inc. has no responsibility for the same.
You agree that we may collect and use information relative to your hardware and software for the purpose of improving our products and services. Further, you grant us permission to contact you, via US mail, telephone, fax or email. We will maintain and respect your confidentiality and will not provide your information to third parties, unless, you have or are using our product for illegal use at which time we may use any information you provide to us for prosecution.
This product is supplied “as is”. We make no warranty or representation, either express or implied, with respect to the product, including its quality, performance, merchantability, or fitness for a particular purpose. In no event will we be liable for direct, indirect, special, incidental, or consequential damages arising out of the use or inability to use the product, even if advised of the possibility of such damages. In no case shall our liability exceed the amount of the license fee paid. The warranty and remedies set forth hereinafter are exclusive and in lieu of all others, oral or written, express or implied. We specifically disclaim all liability concerning your hardware, software and network from the use of our product, including but not limited to viruses, malware, spyware and said liability concerning the same shall be exempt from the warranty as identified hereinabove.
If any portion of this agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this agreement shall remain in force. This agreement constitutes the entire agreement between us pertaining to its subject matter and supersedes all of our prior agreements, representations, and understandings. No supplement, modification, or amendment of this agreement by you shall be binding unless executed in writing by both parties. No waiver of any of the provisions of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver by us shall be binding unless executed in writing by us.
In the event of a dispute by you, you agree to notify and grant us ten (10) business days to offer resolution. If both parties (you and us) cannot agree upon a resolution, you agree that the matter shall be presented to an arbitration board licensed within the State of Iowa and within one hundred (100) miles of our principle location. The cost of the same shall be paid by the movant. Further, you agree to accept the findings made by said board and waive the right to present this matter before any state or federal court. The laws of the state of Iowa will govern this agreement. Any action relating to this agreement must be brought in the federal or state courts located in Iowa and you irrevocably consent to the jurisdiction of such courts.
By using this product, you agree to be bound by the terms herein.