Professional Documents
Culture Documents
Installation and Use. Disc Soft Ltd provides you with a non-exclusive and
limited license; this license allows you to install and use a number of the
SOFTWARE PRODUCT copies, ordered during the purchase, on the
computer(s)/operating system(s) that you use ("licensed instance(s)") .
You have to validate the license once (active Internet connection is
required during validation) and thus assign it to the computer/operating
system. You may reassign the license to another instance. If you reassign
the license then other instance becomes the "licensed instance".
Reservation of Rights. Disc Soft Ltd reserves all rights not expressly
granted to you in this EULA.
PRODUCT, except and only to the extent that such activity is expressly
permitted by applicable law notwithstanding this limitation.
Support Services. Disc Soft Ltd may provide you with support services
related to the SOFTWARE PRODUCT ("Support Services"). Use of Support
Services is governed by the Disc Soft Ltd policies and programs
described in the "online" documentation, and/or in other materials
provided by Disc Soft Ltd. Any supplemental software code provided to
you as part of the Support Services shall be considered part of the
SOFTWARE PRODUCT and subject to the terms and conditions of this
EULA. With respect to technical information, you provide to Disc Soft Ltd
as part of the Support Services, Disc Soft Ltd may use such information
for its business purposes, including product support and development.
Disc Soft Ltd will not utilize such technical information in a way that
personally identifies you.
Support services will NOT be provided to users who would use very rude
or obscene language in their support requests.
Information rights and publicity. Disc Soft Ltd may retain and use
information that is collected during your use of the SOFTWARE PRODUCT,
so that it no longer reflects or references you as an individually
identifiable user ("Non-personal Information"). Disc Soft Ltd will not share
information associated with your use with any third parties unless Disc
Soft Ltd (i) has your consent; (ii) concludes that it is required by law or
has a good faith belief that access, preservation or disclosure of such
information is reasonably necessary to protect the rights, property or
safety of Disc Soft Ltd, SOFTWARE PRODUCT, its users or the public; or
(iii) provides such information in certain limited circumstances to third
parties to carry out tasks on Disc Soft Ltd behalf (e.g., data storage) with
strict limitations that prevent the data from being used or shared except
as directed by Disc Soft Ltd. When this is done, it is subject to
agreements that oblige those parties to process such information only on
Disc Soft Ltd instructions and in compliance with this EULA and
appropriate confidentiality and security measures.
No Rental: You may not rent, lease, or lend the SOFTWARE PRODUCT.
Termination. Without prejudice to any other rights, Disc Soft Ltd may
terminate this EULA if you fail to comply with the terms and conditions of
this EULA. In such event, you must remove all copies of the SOFTWARE
PRODUCT and all of its component parts from the computer (computers).
3. DISCLAIMER OF WARRANTIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DISC SOFT LTD
AND ITS SUPPLIERS PROVIDE THE SOFTWARE PRODUCT AND ANY (IF ANY)
SUPPORT SERVICES RELATED TO THE SOFTWARE PRODUCT ("SUPPORT
SERVICES") AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR
PURPOSE, OF LACK OF VIRUSES, OF ACCURACY OR COMPLETENESS OF
RESPONSES, OF RESULTS, AND OF LACK OF NEGLIGENCE OR LACK OF
WORKMANLIKE EFFORT, ALL WITH REGARD TO THE SOFTWARE PRODUCT,
AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. IN
ADDITION, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET
ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION
OR NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT. THE
ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR
PERFORMANCE OF THE SOFTWARE PRODUCT AND SUPPORT SERVICES, IF
ANY, REMAINS WITH YOU.
4. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER
DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL DISC SOFT LTD OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR
CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR
PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY
INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE,
AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING
OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE
SOFTWARE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT
SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION
OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF
WARRANTY OF DISC SOFT LTD OR ANY SUPPLIER, AND EVEN IF DISC SOFT
LTD OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
5. LIMITATION OF LIABILITY AND REMEDIES.
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY
REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES
REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), IN NO EVENT
WILL DISC SOFT LTD AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION BE
LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM THE USE OF
SOFTWARE PRODUCT OR INABILITY TO USE THE SOFTWARE PRODUCT,
INCLUDING, WITHOUT LIMITATION, DAMAGES TO USERS SYSTEMS AND/OR
SOFTWARE AND/OR DATA, COMPUTER FAILURE OR MALFUNCTION,
COMPUTER
VIRUS
TRANSMISSION,
PERFORMANCE
DELAYS
OR
COMMUNICATION FAILURES OR SECURITY BREACHES. THIS PROVISION SHALL
SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT.
SPTD Software in any way that violates this Agreement or any law; or (ix)
authorize or assist any third party to do any of the things described in this
paragraph.
3. TERMINATION.
If you violate the terms of this Agreement, this Agreement and your right to
use the SPTD Software shall be terminated immediately and without notice. In
the event of any termination of this Agreement or your rights hereunder, all
provisions of this Agreement except the "GRANT OF LICENSE" section shall
survive such termination and you agree to continue to be bound by those
terms. Upon termination, you must destroy all copies of the SPTD Software.
4. PROPRIETARY RIGHTS.
Duplex Secure Ltd and/or its licensors and other suppliers retain all title,
ownership, and intellectual property rights in the SPTD Software. The SPTD
Software is protected by copyright and other intellectual property laws and by
international treaties.
5. INJUNCTIVE RELIEF.
You acknowledge and agree that, notwithstanding any other provisions of this
Agreement, your breach or threatened breach of this Agreement shall cause
Duplex Secure Ltd irreparable damage for which recovery of money damages
would be inadequate and that Duplex Secure Ltd, therefore, may obtain
timely injunctive relief to protect its rights under this Agreement in addition
to any and all other remedies available at law or in equity.
6. DISCLAIMER OF WARRANTY.
THE SPTD SOFTWARE IS PROVIDED WITH ALL FAULTS ON AN "AS IS" BASIS.
DUPLEX SECURE Ltd AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL
WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES
THAT THE SPTD SOFTWARE IS FREE OF DEFECTS, VIRUS FREE, AND ABLE TO
OPERATE ON AN UNINTERRUPTED BASIS, THAT THE FUNCTIONALITY OF THE
SPTD SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT ERRORS IN THE
SPTD SOFTWARE WILL BE CORRECTED, AND THE IMPLIED WARRANTIES THAT
THE SPTD SOFTWARE IS MERCHANTABLE, OF SATISFACTORY QUALITY,
ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING,
UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.
FURTHER, DUPLEX SECURE Ltd AND ITS LICENSORS AND SUPPLIERS DO NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE SPTD SOFTWARE IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. IN ADDITION, THE
SECURITY MECHANISMS IMPLEMENTED BY THE SPTD SOFTWARE HAVE
INHERENT LIMITATIONS, AND YOU MUST DETERMINE THAT THE SPTD
SOFTWARE SUFFICIENTLY MEETS YOUR REQUIREMENTS. NO ORAL OR
WRITTEN INFORMATION OR ADVICE GIVEN BY DUPLEX SECURE Ltd OR A
DUPLEX SECURE Ltd AUTHORIZED REPRESENTATIVE SHALL CREATE A
WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY THAT
website at:
http://www.duplexsecure.com/en/support/
SPTD layer software ("SPTD Software") End User License Agreement
Revision of Jul 05, 2010
Copyright 2010 Duplex Secure Ltd.
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