Company: Encryptine
Product: Encryptine VPN

SOFTWARE END-USER LICENSE AGREEMENT
THIS AGREEMENT GIVES YOU A LICENSE TO USE THE SOFTWARE. ITS
TERMS AND CONDITIONS ALSO INCLUDE WARRANTY INFORMATION AND
DISCLAIMERS. THIS AGREEMENT IS A LEGAL AGREEMENT BETWEEN THE
PERSON, COMPANY, OR ORGANIZATION THAT HAS LICENSED THIS SOFTWARE
('YOU' OR 'CUSTOMER') AND ENCRYPTINE READ IT CAREFULLY BEFORE
COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. BY
INSTALLING AND/OR USING THE SOFTWARE, YOU ARE CONFIRMING YOUR
ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE
TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE
TERMS, OR DO NOT HAVE AUTHORITY TO BIND CUSTOMER TO THESE TERMS,
THEN CLICK “CANCEL” AND DO NOT INSTALL AND/OR USE THE SOFTWARE AND
RETURN THE SOFTWARE TO YOUR PLACE OF PURCHASE FOR A FULL REFUND IN
ACCORDANCE WITH ITS REFUND POLICIES.
THIS EULA SHALL APPLY ONLY TO THE SOFTWARE SUPPLIED BY ENCRYPTINE
HEREWITH REGARDLESS OF WHETHER OTHER SOFTWARE IS REFERRED TO OR
DESCRIBED HEREIN.

1. Definitions
(a) 'Education Version' means a version of the Software, so identified, for use by students and
faculty of educational institutions, only.
(b) 'Not For Resale (NFR) Version' means a version, so identified, of the Software to be used to
review and evaluate the Software, only.
(c) 'Encryptine' means Encryptine. and its licensors, if any.
(d) 'Software' means only the Encryptine software program(s) and third party software
programs, in each case, supplied by Encryptine herewith, and corresponding documentation,
associated media, printed materials, and online or electronic documentation.
(e) 'Free Version' means a version of the Software, so identified, to be used only to review,
demonstrate and evaluate the Software for free. The free version may have limited features,
may lack the ability for the end-user to save the end product, and will cease operating after a
predetermined amount of time due to an internal mechanism within the Free Version.
2. License Grants
(a) You may install and use the Software on a single computer; OR install and store the Software
on a storage device, such as a network server, used only to install the Software on your other
computers over an internal network, provided you have a license for each separate computer on
which the Software is installed and run. A license for the Software may not be shared, installed
or used concurrently on different computers.
(b) In the event the Software is distributed along with other software products as part of a suite
of products, the license of the suite is licensed as a single product and none of the products in
the suite, including the Software, may be separated for installation or use on more than one
computer.
(c) You may make one copy of the Software in machine-readable form solely for backup
purposes. You must reproduce on any such copy all copyright notices and any other proprietary
legends on the original copy of the Software.
(d) Education Versions may not be used for, or distributed to any party for, any commercial
purpose.
(e) You agree that Encryptine may audit your use of the Software for compliance with these
terms at any time, upon reasonable notice.
(f) Your license rights under this EULA are non-exclusive.
3. License Restrictions
(a) Other than as set forth in Section 2, you may not make or distribute copies of the Software, or
electronically transfer the Software from one computer to another or over a network.
(b) You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse
engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
(c) Unless otherwise provided herein, you may not rent, lease, or sublicense the Software.
(d) Other than with respect to a Free Version or a Not For Resale Version of the Software, you
may permanently transfer all of your rights under this EULA only as part of a sale or transfer,
provided you retain no copies, you transfer all of the Software (including all component parts,
the media and printed materials, any upgrades, all platforms, this EULA, the serial numbers,
and, if applicable, all other software products provided together with the Software), and the
recipient agrees to the terms of this EULA. If the Software is an upgrade, you must transfer
all previous versions to which the upgrade relates. You may not sell or transfer any Software
purchased under a volume discount. You may not sell or transfer any Software purchased under a
volume discount. You may not sell or transfer any Free Version or Not For Resale Version of the
Software. If the copy of the Software is licensed as part of the whole suite (as defined above), the

Software shall be transferred only with and as part of the sale or transfer of the whole suite and
not separately.
(e) Unless otherwise provided herein, you may not modify the Software or create derivative
works based upon the Software.
(f) Unless otherwise provided herein, you shall not (i) in the aggregate, install or use more than
one copy of the Free Version of the Software, (ii) download the Free Version of the Software
under more than one username, (iii) alter the contents of a hard drive or computer system to
enable the use of the Free Version of the Software for an aggregate period in excess of the
free period for one license to such Free Version, and (iv) use the Free Version of the Software
for a purpose other than the sole purpose of determining whether to purchase a license to a
commercial or education version of the software; however, notwithstanding the foregoing,
you are strictly prohibited from installing or using the Free Version of the Software for any
commercial training purpose.
(g) You may only use the Not for Resale Version of the Software to review and evaluate the
Software.
(h) You agree that you will not export or re-export the Software (or portions thereof) to any
country, person or entity subject to U.S. export restrictions. You specifically agree not to export
or re-export the Software (or portions thereof): (i) to any country subject to a U.S. embargo or
trade restriction; (ii) to any person or entity who you know or have reason to know will utilize
the Software (or portions thereof) in the production of nuclear, chemical or biological weapons;
or (iii) to any person or entity who has been denied export privileges by the U.S. government.
(i) You may receive the Software in more than one medium but you shall only install or use one
medium. Regardless of the number of media you receive, you may use only the medium that is
appropriate for the server or computer on which the Software is to be installed.
(j) In the event that you fail to comply with this EULA, Encryptine may terminate the license
and you must destroy all copies of the Software (with all other rights of both parties and all other
provisions of this EULA surviving any such termination).
4. Upgrades
If this copy of the Software is an upgrade from an earlier version of the Software, you must
possess a valid full license to a copy of an earlier version of the Software used to upgrade to this
upgrade copy in order to install and/or use this upgrade copy, and the upgrade copy is provided
to you on a license exchange basis. You agree by your installation and use of such copy of the
Software to voluntarily terminate your earlier EULA and uninstall, destroy and cease using the
earlier version of the Software or transfer it to another person or entity, unless you also transfer
this upgrade copy and any copies thereof to such other party in accordance with Section 3.
5. Prior Same Version License and Exchanges
If this copy of the Software is licensed as part of the suite (as defined above), and you have
a prior license to the same version of the Software, and the suite was licensed to you with a
discount based, in whole or in part, on your prior license to the same version, the Software is
provided to you on a license exchange basis. You agree by your installation and use of this copy
of the Software to voluntarily terminate your EULA with respect to such prior license and that
you will not continue to install or use such prior license of the Software or transfer it to another
person or entity.
6. Ownership
The foregoing license gives you limited license to use the Software Encryptine and its suppliers
retain all right, title and interest, including all copyright and intellectual property rights, in and
to, the Software (as an independent work and as an underlying work serving as a basis for any
application you may develop), and all copies thereof. All rights not specifically granted in this
EULA, including Federal and International Copyrights, are reserved by Encryptine and its
suppliers.
7. LIMITED WARRANTY AND DISCLAIMER
(a) Except with respect to the Free Version of the Software, Encryptine warrants that, for a
period of sixty (60) days from the date of delivery (as evidenced by a copy of your receipt), the
physical media on which the Software is furnished will be free from defects in materials and
workmanship that significantly reduce their utility for the purposes stipulated in the General
Business Terms. In the event of the product does not comply with this warranty, your exclusive
remedy shall be, at Encryptine’s option, a replacement copy of the Software or a refund of
the purchase price, provided you submit a copy of your receipt and the defective product to
Encryptine within the period of warranty. Encryptine does not guarantee that the Software will
meet your needs, is error free, or will operate without interruption.
(b) ENCRYPTINE PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS
OR IMPLIED, FOR ANY SAMPLE APPLICATION CODE, FREE VERSION AND THE NOT
FOR RESALE VERSION OF THE SOFTWARE. ANY SAMPLE APPLICATION CODE,
FREE VERSION OF THE SOFTWARE ARE PROVIDED 'AS IS'.
(c) EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY WITH
RESPECT TO SOFTWARE OTHER THAN ANY FREE VERSION, ENCRYPTINE AND
ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS,
WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE
IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT.
ENCRYPTINE DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR
WILL OPERATE WITHOUT INTERRUPTION. THE SOFTWARE IS NOT DESIGNED,
INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING
FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN,
CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES,
AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL,
AND LIFE SUPPORT OR WEAPONS SYSTEMS. ENCRYPTINE SPECIFICALLY
DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH
PURPOSES.
(e) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ENCRYPTINE,
ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A
WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY
PROVIDED HEREIN.
(f) SOME STATES, INCLUDING THE MEMBERS OF THE EUROPEAN UNION, DO NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION
MAY NOT APPLY TO YOU.
8. Exclusive Remedy
Your exclusive remedy under the preceding is to return the Software to the place you acquired it,
with a copy of your receipt and a description of the problem. Provided that any non-compliance
with the above warranty is reported in writing to Encryptine no more than sixty (60) days
following delivery to you, Encryptine will use reasonable commercial efforts to supply you with
a replacement copy of the Software that substantially conforms to the documentation, provide
a replacement for defective media, or refund to you your purchase price for the Software, at its
option. Encryptine shall have no responsibility if the Software has been altered in any way, if the
media has been damaged by misuse, accident, abuse, modification or misapplication, or if the
failure arises out of use of the Software with other than a recommended hardware configuration.
Any such misuse, accident, abuse, modification or misapplication of the Software will void the
warranty above. THIS REMEDY IS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE
TO YOU FOR BREACH OF EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO
THE SOFTWARE AND RELATED DOCUMENTATION.
9. LIMITATION OF LIABILITY
(a) NEITHER ENCRYPTINE NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER
OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES
FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS,
LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE
USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY
OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN
IF ENCRYPTINE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS
FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b) ENCRYPTINE'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY
CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE
SOFTWARE THAT CAUSED SUCH DAMAGE.
(c) SOME STATES, INCLUDING THOSE OF THE EUROPEAN UNION, DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS
DEPENDING ON YOUR COUNTRY.
(d) THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO
THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS
EULA.
10. Basis of Bargain
The Limited Warranty and Disclaimer, Exclusive Remedies, and Limited Liability set forth
above are fundamental elements of the basis of the agreement between Encryptine and you.
Encryptine would not be able to provide the Software on an economic basis without such
limitations. Such Limited Warranty and Disclaimer, Exclusive Remedies and Limited Liability
inure to the benefit of Encryptine's licensors.
11. Consumer End Users Only
The limitations or exclusions of warranties and liability contained in this EULA do not affect or
prejudice the statutory rights of an end-user, i.e., a person acquiring goods otherwise than in the
course of a business.
The limitations or exclusions of warranties, remedies or liability contained in this EULA shall
apply to you only to the extent such limitations or exclusions are permitted under the laws of the
jurisdiction where you are located.
12. General
This EULA shall be governed by the laws of Romania, without giving effect to principles of
conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the municipal
courts sitting in Bucharest, Romania to resolve any disputes arising under this EULA. In
each case this EULA shall be construed and enforced without regard to the United Nations
Convention on the International Sale of Goods.
This EULA contains the complete agreement between the parties with respect to the subject
matter hereof, and supersedes all prior or contemporaneous agreements or understandings,
whether oral or written. You agree that any varying or additional terms contained in any
purchase order or other written notification or document issued by you in relation to the Software
licensed hereunder shall be of no effect. The failure or delay of Encryptine to exercise any of its
rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those
rights or of the breach.
No Encryptine dealer, agent or employee is authorized to make any amendment to this EULA.
If any provision of this EULA 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 EULA will remain in full force and effect.
All questions concerning this EULA shall be directed to: Encryptine S.R.L. Soseaua Nicolae
Titulescu Nr. 1, Bl A7, SC 4, Et 2, Apt 99, Sector 1, 011131 Bucharest Romania.
Encryptine and other trademarks contained in the Software are trademarks or registered
trademarks of Encryptine S.R.L. Third party trademarks, trade names, product names and
logos may be the trademarks or registered trademarks of their respective owners. You may not
remove or alter any trademark, trade names, product names, logo, copyright or other proprietary
notices, legends, symbols or labels in the Software. This EULA does not authorize you to use
Encryptine's or its licensors' names or any of their respective trademarks.
Disclaimer:
The General Business Terms assume that the laws of Romania apply. It is possible that the
regulations of the national legal system to which you are subject forbid or restrict the use of
Encryptine. Before acquiring this product, please inform yourself whether the national laws to
which you are subject permit its use and/or invalidate specific terms of this contract. In no case
shall Encryptine be responsible for unrestricted usability of the program or feasibility of the
contract under national laws other than those of Romania.