General Terms and Conditions
IMPORTANT-READ CAREFULLY BEFORE PURCHASING, OPENING, INSTALLING, USING, ACCESSING, OR MANIPULATING ANY SOFTWARE:
This Agreement ("EULA") is a legal agreement between you (either an individual or a single entity)("you", "your", or "Licensee") and SecurStar GmbH. ("Licensor") for the software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("software product " or "software"). By purchasing, installing, copying, or otherwise using the software products, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not buy and use the software products offered on this homepage.
German copyright laws and international copyright treaties, as well as other intellectual property laws protect the SecurStar GmbH licensed software. All offered software products are licensed, not sold.
1. GRANT OF LICENSE.
You are permitted to install and use the licensed software in machine-readable form only and solely on a single desktop computer provided by you, solely for the purposes described in the applicable Licensor documentation. Any components of the licensed software explicitly designed to reside and operate from a server, may be installed on a single server solely on your premises, and any client component is to be installed on as many clients as user licenses purchased and described in the applicable Licensor documentation.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
You may not reverse engineer, decompile, translate, disassemble, or otherwise attempt to derive source code from the licensed software product, or authorize any third party to do any of the foregoing except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. The licensed software product is licensed as a single product. Its component parts may not be separated for use on more than one computer. You may not rent, lease, loan, or distribute the licensed software product or any part thereof.
SOFTWARE TRANSFER: You may not transfer your license of the software to a third party.
All title and copyrights in and to the licensed software products (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the licensed software product), the accompanying printed materials, and any copies of the LICENSED SOFTWARE PRODUCT are owned by Licensor or its suppliers. The licensed software product is protected by copyright laws and international treaty provisions. Therefore, you must treat the LICENSED SOFTWARE PRODUCT like any other copyrighted material. You may not copy the printed materials accompanying the LICENSED SOFTWARE PRODUCT.
Licensee agrees that some of the ciphers used in the licensed software product(s) are the intellectual property of others, and may need a licence for ANY commercial use, such as use on a business system. Licensee acknowledges this is especially true in the case of the IDEA algorithm.
4. DISCLAIMER OF WARRANTIES.
ANY USE OF THE LICENSED SOFTWARE IS AT YOUR OWN RISK.
THE LICENSED SOFTWARE IS PROVIDED "AS IS," "WITH ALL FAULTS," WITHOUT WARRANTY OF ANY KIND. LICENSOR, ITS SUPPLIERS AND DISTRIBUTOR DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE DISCLAIMER OF IMPLIED WARRANTIES ABOVE MAY NOT APPLY TO LICENSEE, IN WHICH CASE THE DURATION OF ANY SUCH IMPLIED WARRANTIES IS LIMITED TO sixty (60) DAYS FROM THE DATE LICENSEE FIRST INSTALLED THE LICENSED SOFTWARE ON LICENSEE'S COMPUTER; PROVIDED, HOWEVER, THAT LICENSEE'S SOLE AND EXCLUSIVE REMEDY, AND LICENSOR'S SOLE OBLIGATION SHALL IN ANY CASE BE THAT LICENSOR WILL, AT ITS OPTION, REPAIR OR REPLACE LICENSEE'S COPY OF THE LICENSED SOFTWARE, OR TERMINATE THIS LICENSE AGREEMENT AND REFUND AMOUNTS ALREADY PAID THEREFOR BY LICENSEE. Some States, Provinces, or other jurisdictions do not allow for exclusions of implied warranties or limitations on how long an implied warranty lasts, so the above exclusion or limitation may not apply to Licensee. Licensee may have other rights, which vary, from state to state, Province to Province, or in other jurisdictions.
Licensor does not warrant that the functions contained in the Licensed software will meet your requirements or that the operation of the Licensed software will be uninterrupted or error-free. Any representation, other than the warranties set forth in this Agreement, will not bind the Licensor. You assume full responsibility for the selection of the licensed software to achieve your intended results, and for the buying or downloading, use and results obtained from the licensed software. Licensee also assume the entire risk as it applies to the quality and performance of the licensed software
5. LIMITATION OF LIABILITY.
REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, TO THE EXTENT PERMITTED BY THE LAW OF THE JURISDICTION IN WHICH LICENSEE OBTAINED THIS LICENSE, LICENSOR, ITS SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY CHARACTER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR COMPUTER MALFUNCTION, LOSS OF INFORMATION, LOST PROFITS AND BUSINESS INTERRUPTION, AND THE COST TO OBTAIN SUBSTITUTE LICENSED SOFTWARE, ARISING IN ANY WAY OUT OF THIS AGREEMENT OR THE USE OF (OR INABILITY TO USE) THE LICENSED SOFTWARE HOWEVER CAUSED AND WHETHER ARISING UNDER A THEORY OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF LICENSOR, ITS SUPPLIERS DISTRIBUTOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LICENSOR'S, ITS SUPPLIERS' OR DISTRIBUTOR'S TOTAL LIABILITY TO LICENSEE RELATING TO THIS AGREEMENT OR THE USE (OR INABILITY TO USE) THE LICENSED SOFTWARE EXCEED THE AMOUNT PAID BY LICENSEE TO LICENSOR OR LICENSOR'S DISTRIBUTOR FOR THIS LICENSE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO LICENSEE. LICENSOR, ITS SUPPLIERS AND DISTRIBUTORS SHALL NOT BE LIABLE FOR ANY CLAIMS OF THIRD PARTIES RELATING TO THE LICENSED SOFTWARE. LICENSOR, ITS SUPPLIERS AND DISTRIBUTORS WOULD NOT PROVIDE THE LICENSED SOFTWARE TO LICENSEE IF LICENSEE DID NOT AGREE TO THE "DISCLAIMER OF WARRANTIES" AND "LIMITATION OF LIABILITY" PROVISIONS IN THIS AGREEMENT.
6. LICENSEE AGREE THAT IN THE EVENT OF LOSS OR FORMATTING OF PASSWORDS USED BY THIS LICENSED SOFTWARE PRODUCT, NO TECHNICAL SUPPORT CAN BE GIVEN TO ASSIST IN RECOVERY SUCH PASSWORD, AND THAT YOUR FORGETTING OF ANY PASSWORDS EQATES TO LOSS OF YOUR DATA WHEN THAT DATA IS STORED ON ANY DISK PARTITION, OR DISK DRIVE IMAGES CREATED, AND/OR OPERATED BY THE EXECUTION OF THIS LICENSED SOFTWARE PRODUCT. LICENSEE ACCEPTS THAT NO BACK DOORS EXIST, TO GAIN ACCESS TO SCRAMDLED (CRYPTED) DATA.
7. EXPORT LAW.
The LICENSED SOFTWARE and related technology may be subject to import/export control laws in your country and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export or import as may be required. Licensor cannot be held responsible for uses which may be illegal in the Licensee country, and Licensee also agrees, that the licensed software is not intended or licensed for such purposes.
SecurStar offers a free 30 days demo version of almost all sold licensed software products. Before purchasing any licensed software, the customer should download and test the free demo versions he is interested into. If for a specific program there is no free demo version available at the time of purchase, SecurStar offers a 4 days money back guaranty for that specific product. For programs where a free 30 days demo version is available at the time of purchase, no additional refund (money back) policy is offered. It is the responsibility of the customers to test the licensed software on its machines and make sure everything works flawlessly and as advertised. Sold hardware devices are not returnable, however, in the case of damage, they can be exchanged, if returned to SecurStar within the first six months after the purchase.
This Agreement is binding on you as well as your employees, employers, contractors and agents, and on any successors and assignees. Neither the Licensed software nor any information derived there from may be exported except in accordance with the laws of Germany or other applicable provisions. The laws of Germany govern this Agreement and the court of Munich (Germany) shall have sole jurisdiction over any dispute arising hereunder.
This Agreement is the entire agreement between you and SecurStar GmbH and you agree that SecurStar GmbH will not have any liability for any untrue statement or representation made by its, its agents or anyone else (whether innocently or negligently) upon which you relied upon entering this Agreement, unless such untrue statement or representation was made fraudulently. This Agreement supersedes any other understandings or agreements, including, but not limited to, advertising, with respect to the licensed software.
If any provision of this Agreement is held to be unenforceable, that provision will be removed and the remaining provisions will remain in full force. This Agreement is the complete and exclusive statement of the agreement between us, which supersedes any proposal or prior agreement, oral or written, and any other communications between us in relation to the subject matter of this Agreement.