ArchiCrypt Live 5.10

EULA - End User License Agreement

End User License Agreement For ArchiCrypt Live

ATTENTION: ARCHICRYPT LIVE (HEREAFTER CALLED THE SOFTWARE) IS PROVIDED UNDER THE FOLLOWING LICENSE WHICH DEFINES WHAT YOU MAY DO WITH THE SOFTWARE AND CONTAINS LIMITATIONS ON WARRANTIES AND/OR REMEDIES. THIS LICENSE IS GRANTED BY SOFTWAREDEVELOPMENT PATRIC REMUS (HEREAFTER CALLED THE "LICENSER/PRODUCER"), FOR ALL PRODUCTS PURCHASED, EITHER DIRECTLY OR THROUGH ANY AUTHORISED AGENT OF THE COMPANY.

IMPORTANT: CAREFULLY READ THIS LICENSE BEFORE USING THIS PRODUCT. INSTALLING, COPYING, OR OTHERWISE USING THIS PRODUCT INDICATES YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ THIS LICENSE AND AGREE TO ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE, YOU MUST REMOVE ARCHICRYPT LIVE FILES FROM YOUR STORAGE DEVICES AND CEASE TO USE THE PRODUCT.

A. LICENSER WILL:
Provide you with storage media containing the Software, which may also include "online" or electronic documentation, or downloadable software and, upon purchase, an authorization key which will convert the program to fully licensed product, this license agreement (hereafter called the "License"), and other printed materials (together called the "Product"). Licenser grants you a license to use the Product in accordance with the terms of this agreement. The copyright and all other rights to the Product not expressly granted here shall remain with us and/or our suppliers. All trademarks mentioned are property of their respective owners.

B. YOU MAY:
1. Install and use one copy of the Product only on a single computer or network. This copy is to be used by only a single user at a time. If you wish to use the Product for more users, you will need an additional license for each user.
2. Make one copy of the Product for archive or backup purposes.
3. Use a copy of the Product on a home or portable computer if that copy is never loaded at the same time it is loaded on your primary computer.
4. Transfer the Product to someone else, only if you assign all of your rights under this License, cease all use of the Product, erase or destroy any copy (including the hard disk copy) made in support of your use of the Product, and ensure that the other person agrees to the terms of this License.
5. If the Product is an upgrade from another product, whether from Producer or another supplier, you may use or transfer the Product only in conjunction with that upgraded product, unless you destroy the upgraded product. If the product is an upgrade of a Producers product, you now may use that upgraded product only in accordance with this License.

C. YOU MAY NOT:
1. Use the Product or make copies of it except as permitted in this License.
2. Translate, reverse engineer, decompile, or disassemble the Product except to the extent the foregoing restriction is expressly prohibited by applicable law.
3. Rent, lease, assign, or transfer the Product except as set out in paragraph B above.
4. Modify the Product or merge all or any part of the Product with another program.
5. Use the Software in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, life support systems or other equipment in which the failure of the software could lead to death, personal injury or severe physical or environmental damage.

D. TERM:
This License shall continue for as long as you use the Product. However, it will terminate if you fail to comply with any of its terms or conditions. You must agree, upon termination, to destroy all copies of the Product. The Limitations of Warranties and Liability set out below shall continue in force even after any termination.

E. WARRANTIES:
We warrant that:
1. The Licensed Product will perform substantially as described in the provided documentation for a period of ninety (90) days from the date of purchase. In the event of deviations in the software, we will make a reasonable effort to bring the software into conformance with the manual and to provide you with a corrected version as soon as possible.
2. The storage media or smart cards you may have purchased with the Software will be free from defect in materials and workmanship for 90 days from the date you acquire it. If such a defect occurs, it will be replaced free of charge.

Above warranties are applicable only to the licensed product (users who have purchased a license for ArchiCrypt Live).

F. LIMITATION OF WARRANTIES AND LIABILITY:
The warranty given above is void if the software or storage media failure has resulted from abuse, accident, or misapplication.

While every precaution was taken to produce bug free code the product is provided on an "as is" basis and you use this software at your own risk.

Neither we nor any copyright holder, or any other party who modifies and/or conveys the program as permitted above, shall be liable to you or any other person or entity for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use the program (including but not limited to loss of data or data being rendered inaccurate or losses sustained by you or third parties or a failure of the program to operate with any other programs, loss of revenue or profit or other commercial or economic loss), even if such holder or other party has been advised of the possibility of such damages. We are also not responsible for claims by any third party.

Except to the extent prohibited by applicable law our entire liability to you for direct damages you suffer as a result of your use of the software shall be limited to the amount you paid for the software.

G. MISCELLANEOUS:
We provide a downloadable evaluation version of this product that is fully functional (except for encrypting partitions and using the ArchiCrypt Card) for 10 days, in order to enable you to make an informed decision as to the suitability of our products for your use before you make a purchase. In particular you need to determine if the Software runs under your operating system and in your desired hardware and software environment. You assure to purchase a license for the Software only if and when you made sure that you can answer the above-mentioned questions with "yes".

We hereby want to remind you again that maintaining regular backups of electronic data and keeping your backups up to date is critical for every person or organization that uses electronic data.

Upon purchase, you will receive an authorization key which will convert the program to a full version (Licensed Product).

You agree to comply with all applicable international and national laws that cover end-user, end-use and destination restrictions.

None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country where the use of the Software is illegal or to which export of the Software is restricted by applicable law.

This License is the entire agreement between us, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement.

H. GOVERNING LAW AND SEVERABILITY:
Governing law of this contract is solely and exclusively German law, excluding application of the regulations of international private law and of the United Nations Convention on the International Sale of Goods (CISG).

If for any reason, a court of competent jurisdiction finds any provision of this License, or portion thereof, invalid, illegal, or unenforceable, then the remainder of the License shall continue in full force and effect and will be read to give maximum effect to the intention of the parties as reflected by its plain language.