EXLADE CRYPTIC DISK END-USER LICENSE AGREEMENT
IMPORTANT - THIS DOCUMENT IS A LEGALLY ENFORCEABLE AGREEMENT. BY INSTALLING, COPYING, RUNNING OR OTHERWISE USING THE PROGRAM, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AGREE THAT YOU HAVE READ THE TERMS OF THIS LICENSE AGREEMENT, UNDERSTAND THEM, AND AGREE TO COMPLY WITH THESE TERMS AS IF SIGNED BY YOU. SHOULD YOU NOT ACCEPT ALL OF THE TERMS AND CONDITIONS HEREOF, DO NOT INSTALL, USE OR RUN THIS PROGRAM. YOU MAY RETURN THE SOFTWARE TO ITS VENDOR AND RECEIVE A REFUND IN THE AMOUNT YOU PAID FOR IT, WITH PROOF OF PAYMENT.
This agreement covers the EXLADE CRYPTIC DISK software product and all of the contents of the files, download packages, disk(s), CD-ROM(s) or other media (including electronic media) licensed or made available to you, including but not limited to related explanatory materials and documentation in printed, electronic, or online form, (hereinafter referred to as "Documentation") and any updates, upgrades of the program, modified or subsequent versions (collectively "Updates"), together the "Software".
1.OWNERSHIP RIGHTS
All intellectual property rights, title, ownership rights, patents, trademarks, and copyright in the Software, including without limitation any copies or editions of the Software, any explanatory Documentation that comes with the Software, improvements, Updates, or other modifications of the Software, shall remain the sole and exclusive property of Exlade, Inc. (hereinafter the "Licensor").
The Software is protected by copyright laws, international copyright, intellectual property treaty provisions and other applicable laws in the country in which it is being used.
By possessing, installing, or using the Software, you do not acquire any title to the intellectual property in or any rights to the Software in whole or in part save as expressly set forth in this Agreement. Any copy of the Software and accompanying Documentation is prohibited. You may only use the Software according to these license terms.
2.OTHER RIGHTS
The Licensor owns and retains any and all other rights with regard to the Software provided by local and international legislation that are not stipulated in this Agreement.
3.LICENSE GRANT
3.1 LICENSES
The Licensor hereby grants to you a non-exclusive, non-transferable license (the "License") to use the Software subject to any restrictions, terms and conditions contained herein with regard to the applicable Software version.
1) Trial license. The trial license is applicable when you download or install an evaluation version of the Software. You are licensed to use the trial version of the Software solely for evaluation purposes and for an unlimited period of time. Not all the features of the Software are available in the trial version and you need to purchase a license key in order to convert it to a fully functional version. Unless you obtain a license key, this trial version is considered a non-registered version of the Software. The following restrictions are applicable for the trial version:
- Only "demo" is available as a password
You will not be permitted to use any passwords other than "demo" in the Software. Apart from that, all the password entry fields will be automatically filled in with the "demo" password. If you try to enter any other passwords, the program will show you a notification.
- Using key files as passwords is not available
You may not create and use key files as passwords in a non-registered version of the Software. They may not be used either as passwords, or together with key phrase passwords. If you try to use key files, the program will show you a notification.
- Hidden encrypted volumes are not supported
You may not create hidden encrypted volumes in a non-registered version of the Software. Also, existing hidden encrypted volumes may not be mounted. If you try to mount a hidden volume, the program will show you the notification that an incorrect password has been entered.
No commercial uses or uses other than for evaluation purposes are allowed. You may not copy and distribute the trial version of the Product. Exlade shall have no obligation to provide maintenance or support services for Trial Version Licenses.
2) Ultimate Edition License. One Ultimate Edition License permits a user to install, use and run 1 (one) copy of the Software on 1 (one) computer devices at a time. However, the maximum permitted number of computers on which you may use the Software to protect your data is limited to five (5), provided that the Software is used by the same user. The number of devices that you can encrypt or protect using the Software is unlimited. If you need to use the program on a terminal server, you must purchase as many licenses as the number of server users who are going to use the Software. The features made available with the Ultimate Edition License are the maximum possible features that are implemented in the Software.
3) Professional Edition License. One Professional Edition License permits a user to install, use and run 1 (one) copy of the Software on 1 (one) computer devices at a time. However, the maximum permitted number of computers on which you may use the Software to protect your data is limited to five (5), provided that the Software is used by the same user. The number of devices that you can encrypt or protect using the Software is unlimited. If you need to use the program on a terminal server, you must purchase as many licenses as the number of server users who are going to use the Software. The Professional Edition License provides access to all the features available in the Ultimate Edition except for the following functionality limitations:
- No encryption with multiple algorithms supported;
- Creation and use of hidden encrypted volumes of the 2nd and 3rd nesting levels not available.
4) Home Edition License. One Home Edition License permits a user to install, use and run 1 (one) copy of the Software on 1 (one) computer devices at a time. However, the maximum permitted number of computers on which you may use the Software to protect your data is limited to five (5), provided that the Software is used by the same user. If you need to use the program on a terminal server, you must purchase as many licenses as the number of server users who are going to use the Software. The Home Edition License provides access to all the features available in the Ultimate Edition except for the following functionality limitations:
- Encryption of physical partitions and dynamic volumes is not supported;
- No actions upon mount/dismount of encrypted containers (playing WAV-files, running applications, performing CMD Shell, PowerShell and Windows Scripts) are available to be assigned;
- Only one cryptographic algorithm (AES) is available for data encryption;
- Only one HMAC-function (HMAC-SHA512) is available for key derivation;
- No encryption with multiple algorithms supported;
- Creation and use of hidden encrypted volumes not available.
5) Backup copy. The Licensor grants to you the right to create and maintain 1 (one) backup copy of the Software to use it solely for backup purposes. In avoidance of doubt, this copy shall contain all the marks of ownership rights or title to the Software and you must work with it solely subject to the provisions of Section 3 hereof. Should owning the original Software become unlawful, you must stop using the backup copy of the Software and delete it entirely from your hardware.
3.2 PRODUCT COPIES AND VERSIONS
If you use multiple versions of the Software (for example, intended for different operating systems), or multi-language versions of the Software, or if you obtain the Software on multiple media or by other means, or receive the Software in a bundle with other software, the total number of computer devices on which all versions and copies of the Software can be installed and used shall not exceed the maximum permitted number of Software copies specified in the applicable License terms for the specific edition of the Software.
You may not install, use or run multiple copies or versions of the Software on multiple computers at a time or provide them for rent, grant sub-licenses or transfer any copies or versions of the Software to other persons without a written consent of the Licensor.
3.3 UPDATES AND TECHNICAL SUPPORT
Within 1 (one) year from the moment of purchasing the Software, you are entitled to a free subscription to technical support and Updates for the Software. The Licensor, however, is not obliged to develop, issue or make available any such Updates, either minor or major. After the specified period has expired, you have no further right to receive any Software Updates and technical support without purchasing a new subscription. However, if a certain Update or Software version was made publicly available within the period of a valid subscription, and you downloaded it after the expiry of your subscription period, you have a right to use such an Update or Software version. The software received as an Update may be used only according to these License terms.
If, since the expiry of your subscription period, some time has elapsed within which you were not subscribed to Updates or technical support, you may always renew the subscription to receive all the Updates available without having to pay for such a skipped period.
If the Update you are downloading or otherwise obtaining is a major Software Update (a new version release), a license replacement principle is applied. Your installation of this Software Update and acceptance of the terms of this Agreement shall mean that you agree that your previous Software version automatically turns null and void and you may not continue working with it.
In avoidance of doubt, your subscription to Software Updates shall not entitle you to obtaining any rights or title to other Software of the Licensor or for Updates for other Software of the Licensor, save as the Updates for the Software with regard to which you have accepted this Agreement.
3.4 THE VALIDITY TERM AND ITS EXPIRY
Unless earlier terminated as set forth herein, this Agreement shall take effect from the moment of your acceptance of these License terms and installation of the Software and shall be valid without any term restriction. Should you fail to comply with any of the limitations or other requirements described herein, the Licensor shall terminate this Agreement at their own discretion and without notification. You agree that, upon the expiry or termination of this Agreement for any reason, you will immediately discontinue using the Software and will permanently delete all its copies and versions.
3.5 TERMINATION OF RIGHTS
You agree that, upon such termination or expiry of this Agreement, your rights to use the Software will immediately terminate and you will destroy all the copies and versions of the Software.
3.6 MATERIALITY OF TERMS AND CONDITIONS
All the provisions stipulated in Section 1 are material and obligatory, and breach of these terms and conditions will be the basis for the termination of this Agreement, as well as for a recall of the License issued to you subject to this Agreement.
4. RESTRICTIONS ON USE
4.1 MODIFICATION AND TECHNOLOGY DISCLOSURE RESTRICTION
You may not modify, decompile, reverse engineer, or disassemble the Software and/or related files in whole or in any part, as well as seek production technology disclosure. You are not allowed to use the binary and/or source code of the Software in order to copy, imitate or replicate the algorithm of the Software, which is a trade secret and intellectual property of the Licensor and is protected by copyright laws, without a written consent of the Licensor, or create derivative products on the basis of the Software in whole or in any its part. You may not transfer the licensed Software or any its part to any third parties for them to benefit from the same. Any and all of the above actions in breach of this clause shall automatically terminate this Agreement and may lead to a civil or penal action initiated. In this case, the license and subscription for support and Updates will be recalled and annulled. The Licensor retains all other rights not mentioned in this provision.
4.2 TRANSFER FOR TEMPORARY OR COMMERCIAL USE
You may not sell, lease, license, sub-license, rent, loan, resell or otherwise transfer, for compensation or free of charge, the Software without the written consent of the Licensor.
4.3 TRANSFER OF THE LICENSE KEY
You may not transfer, sell, grant for free, or otherwise distribute the License key or code contained in it for the Software without the written consent of the Licensor. Should any such actions take place, the Licensor shall demand compensation of associated damage and losses incurred by the Licensor due to breach of copyright. The amount to be compensated shall include all the costs that the Licensor will pay to defend their rights in a court.
4.4 TRANSFER OF RIGHTS
Unless otherwise stated in this Agreement, you may not reassign or otherwise transfer the rights and obligations under this Agreement to any third parties. Before selling the computer or device on which the Software is installed or stored, you must destroy all the copies and versions of the Software on that computer or device.
4.5 PROPRIETARY NOTICES
You may not delete the product name or any ownership and copyright marks from the Software.
4.6 EXPORT RESTRICTIONS
The Software is subject to the New Zealand Customs and Excise Act 1996. You agree to comply with all applicable New Zealand export control laws and any applicable international laws and regulations. You agree not to, directly or indirectly, import, export or otherwise transmit the Software to any country, end user or for any use that are prohibited by any applicable laws and regulations with regard to the Software enforced by the New Zealand and other governments.
4.7 PROTECTION MEASURES AND THE LICENSE KEY
You acknowledge that the Licensor may employ special technical means to prevent unauthorized installation, use or deployment of the Software, as well as to ensure that you are using the licensed copy of the Software.
5. WARRANTY
5.1 LIMITED WARRANTY ON MEDIA
The Licensor also warrants that the physical media (e.g., CD-ROM), if any, produced by Exlade on which the Software is delivered and provided to you will be free from any material and workmanship defects in ordinary use for 30 days from the date of delivery. The Licensor does not provide any warranties as to the media if the Software delivered on it is bundled with a third party device. In case of a production defect or damage in media, the Licensor may replace or refund the purchase price thereof, provided that the damage was not caused by accident, abuse, or misapplication.
5.2 LIMITED WARRANTY ON SOFTWARE
Exlade warrants (manufacturer warranty) that the licensed version of the Software will function substantially in accordance with the accompanying Documentation, provided that the Software is installed, used or run pursuant to the technical, user and project documentation requirements. Some functions might be slightly different as compared to the functionality described in the Documentation, which is not a warranty event. The warranty claim term is 60 days from the purchase of the Software. This warranty shall not be valid in cases of the Software malfunction caused by negligence, abuse or misapplication of the Software, as well as resulted from incompliance with the requirements of user manual and other technical documentation.
THE WARRANTY SHALL NOT BE APPLICABLE FOR THE SOFTWARE TRIAL VERSION, UPDATES, AND UNOFFICIAL RELEASES AND COPIES NOT FOR RESALE.
You acknowledge that the above warranty is the only warranty that you may have on the Software.
5.4 WARRANTY DISCLAIMER
SAVE AS THE LIMITED WARRANTY SET FORTH HEREIN, THE SOFTWARE IS PROVIDED "AS IS" AND THE LICENSOR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, FAILURE OR ERROR-FREE PERFORMANCE, NONINFRINGEMENT OF THIRD PARTY COPYRIGHT, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR COMPATIBILITY WITH OTHER SOFTWARE PRODUCTS (INTEGRATION) OR HARDWARE YOU ARE USING. YOU ASSUME THE ENTIRE RISK AND RESPONSIBILITY AS TO THE INSTALLATION, USE AND RESULTS ACHIEVED WITH THE HELP OF THE SOFTWARE. CERTAIN WARRANTY TYPES MAY NOT BE LIMITED IN SOME JURISDICTIONS, WHEREAS THE ABOVE LIMITATIONS MAY NOT BE APPLICABLE FOR YOU. YOU ACKNOWLEDGE THAT THE SOFTWARE PRODUCT CAN BE AVAILABLE OR UNAVAILABLE FOR USE DUE TO VARIOUS FACTORS, INCLUDING BUT NOT LIMITED TO FORCE-MAJEURE CIRCUMSTANCES, TECHNICAL INTERRUPTIONS IN THE SOFTWARE PERFORMANCE, DELAYS OR FAILURES CAUSED BY VIRUSES, "DENIAL OF SERVICE" ATTACKS, GROWING OR RANDOMLY WORKLOAD, ACTIONS OR NEGLIGENCE OF THE THIRD PERSONS. THUS, THE LICENSOR EXPLICITLY DISCLAIMS ALL TYPES OF WARRANTIES WITH REGARD TO THE SOFTWARE PERFORMANCE AND ITS AVAILABILITY, AS WELL AS ANY RESPONSIBILITY FOR THE DATA LOSS DURING DATA EXCHANGE PROCESS.
5.5 LIMITATION OF LIABILITY
Under no circumstance and under no legal theory, shall the Licensor and/or their authorized partners be liable to you or to any other person for any special, consequential, incidental or indirect damages or losses arousing out of the use and the impossibility to use the Software, including without limitation loss of profit or revenue, loss of business, data loss or damage, work stoppage, software or hardware malfunction or failure or any other commercial loss). In no case shall the liability of the Licensor under any of the provisions herein financially excess the purchase price paid by the Licensee for the Software.
7. MISCELLANEOUS
7.1 GOVERNING LAW
This Agreement shall be governed by, interpreted and executed in accordance with New Zealand laws. You agree that all the disputes, arguments and claims which may arouse out of this Agreement or non-fulfillment hereof shall be disputed only with the courts of New Zealand, and you, to the extent permitted by applicable law, hereby refuse from the possibility to change the place of hearing the case. However, the Licensor as a plaintiff is entitled to initiate the proceeding in any court of the applicable jurisdiction.
7.2 LIMITATION OF ACTION
Claims arousing out of this Agreement or non-fulfillment hereof, regardless of their origin or nature, shall be submitted no later than 1 (one) year from the cause of the claim or from the moment of such a cause detected. Intellectual property right or copyright infringement claims shall be an exception hereto and maximum periods of limitation permitted by applicable laws shall be applied for such claims.
7.3 ENTIRE AGREEMENT AND SEVERABILITY
This Agreement is an entire agreement between you and the Licensor and supersedes any other communications, previous written or spoken representations, agreements or arrangements relating to the Software. The terms and conditions of this Agreement can be limited or amended by the parties through written supplementary agreements in reference to clause 7.3 hereof in which such limitations or amendments shall be included. You acknowledge that you have carefully read this Agreement, and its terms and conditions shall be now binding on you. If any provisions of this Agreement shall be declared invalid in whole or in part, unlawful or unenforceable, such provisions shall be more strictly interpreted in order to be legal and enforceable so that the entire Agreement retains its meaning and complies with applicable laws to the fullest extent possible. Also, should any terms, conditions or provisions contained herein be declared invalid, unlawful or unenforceable to any extent, the rest of the conditions and provisions shall, regardless thereof, continue to be valid and enforceable to the fullest extent permitted by law.