CRYPTOTOOLS END USER LICENSE AGREEMENT
IMPORTANT -- READ THESE TERMS CAREFULLY
(Print)
BEFORE INSTALLING THIS SOFTWARE. BY INSTALLING OR USING THIS SOFTWARE, YOU
ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT YOU UNDERSTAND IT,
AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS
AND CONDITIONS OF THIS LICENSE AGREEMENT, PROMPTLY EXIT THIS PAGE WITHOUT
INSTALLING THE SOFTWARE. THE PURCHASE OF A SOFTWARE LICENSE IS REQUIRED FOR USE
OF THE SOFTWARE AFTER THE TRIAL PERIOD.
GRANT OF LICENSE FOR REGISTERED USERS
"DEUX SORTES INC.", GRANTS YOU A NON-EXCLUSIVE, NON-TRANSFERABLE
LICENSE TO USE THE PROGRAM WITH WHICH THIS LICENSE IS DISTRIBUTED (THE
"CRYPTOTOOLS "), INCLUDING ANY DOCUMENTATION FILES ACCOMPANYING THE SOFTWARE
("USER GUIDE") ON ANY COMPUTER OF A COMPANY TO SUPPORT UP TO THE NUMBER OF
DEVELOPERS FOR WHICH YOU HAVE PAID THE LICENSE FEE, AND TO MAKE ONE BACKUP COPY
OF THE SOFTWARE, PROVIDED THAT: (I) THE SOFTWARE IS INSTALLED ON ONLY ONE
SERVER OR PERSONAL COMPUTER; (II) THE SOFTWARE IS NOT MODIFIED; (III) ALL
COPYRIGHT NOTICES ARE MAINTAINED ON THE SOFTWARE; AND (IV) YOU AGREE TO BE
BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. THE SOFTWARE AND DOCUMENTATION
SHALL BE USED ONLY BY YOU, ONLY FOR YOUR OWN PERSONAL OR INTERNAL BUSINESS USE
AND NOT IN THE OPERATION OF A SERVICE BUREAU OR FOR THE BENEFIT OF ANY OTHER
PERSON OR ENTITY.
OWNERSHIP
YOU HAVE NO OWNERSHIP RIGHTS IN THE SOFTWARE. RATHER, YOU HAVE A
LICENSE TO USE THE SOFTWARE AS LONG AS THIS LICENSE AGREEMENT REMAINS IN FULL
FORCE AND EFFECT. OWNERSHIP OF THE SOFTWARE, DOCUMENTATION AND ALL INTELLECTUAL
PROPERTY RIGHTS THEREIN SHALL REMAIN AT ALL TIMES WITH "DEUX SORTES INC.". ANY
OTHER USE OF THE SOFTWARE BY ANY PERSON, BUSINESS, CORPORATION, GOVERNMENT
ORGANIZATION OR ANY OTHER ENTITY IS STRICTLY FORBIDDEN AND IS A VIOLATION OF
THIS LICENSE AGREEMENT.
COPYRIGHT
THE SOFTWARE AND DOCUMENTATION CONTAIN MATERIAL THAT IS PROTECTED BY
UNITED STATES COPYRIGHT LAW AND TRADE SECRET LAW, AND BY INTERNATIONAL TREATY
PROVISIONS. ALL RIGHTS NOT GRANTED TO YOU HEREIN ARE EXPRESSLY RESERVED BY
"DEUX SORTES INC.". YOU MAY NOT REMOVE ANY PROPRIETARY NOTICE OF "DEUX SORTES
INC." FROM ANY COPY OF THE SOFTWARE OR DOCUMENTATION.
RESTRICTIONS
YOU MAY NOT PUBLISH, DISPLAY, DISCLOSE, RENT, LEASE, MODIFY, LOAN, DISTRIBUTE,
OR CREATE DERIVATIVE WORKS BASED ON THE SOFTWARE OR ANY PART THEREOF. YOU MAY
NOT REVERSE ENGINEER, DECOMPILE, TRANSLATE, ADAPT, OR DISASSEMBLE THE SOFTWARE,
NOR SHALL YOU ATTEMPT TO CREATE THE SOURCE CODE FROM THE OBJECT CODE FOR THE
SOFTWARE. YOU MAY NOT TRANSMIT THE SOFTWARE OVER ANY NETWORK OR BETWEEN ANY
DEVICES, ALTHOUGH YOU MAY USE THE SOFTWARE TO MAKE SUCH TRANSMISSIONS OF OTHER
MATERIALS. YOU MAY TRANSFER THE SOFTWARE TO OTHER COMPUTERS YOU OWN AS LONG AS
YOU ONLY USE IT ON ONE COMPUTER AT A TIME.
CONFIDENTIALITY
YOU ACKNOWLEDGE THAT THE SOFTWARE CONTAINS PROPRIETARY TRADE SECRETS
OF "DEUX SORTES INC." AND YOU HEREBY AGREE TO MAINTAIN THE CONFIDENTIALITY OF
THE SOFTWARE USING AT LEAST AS GREAT A DEGREE OF CARE AS YOU USE TO MAINTAIN
THE CONFIDENTIALITY OF YOUR OWN MOST CONFIDENTIAL INFORMATION. YOU AGREE TO
REASONABLY COMMUNICATE THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE
AGREEMENT TO THOSE PERSONS EMPLOYED BY YOU WHO COME INTO CONTACT WITH THE
SOFTWARE, AND TO USE REASONABLE BEST EFFORTS TO ENSURE THEIR COMPLIANCE WITH
SUCH TERMS AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, NOT KNOWINGLY
PERMITTING SUCH PERSONS TO USE ANY PORTION OF THE PROGRAM FOR THE PURPOSE OF
DERIVING THE SOURCE CODE OF THE PROGRAM OR DEFEATING THE KEY.
LIMITED WARRANTY
"DEUX SORTES INC." WARRANTS FOR A PERIOD OF THIRTY (30) DAYS AFTER
PURCHASE THAT THE SOFTWARE WILL OPERATE SUBSTANTIALLY IN ACCORDANCE WITH THE
DOCUMENTATION. SHOULD THE SOFTWARE NOT SO OPERATE, YOUR EXCLUSIVE REMEDY, AND
"DEUX SORTES INC."'S SOLE OBLIGATION UNDER THIS WARRANTY, SHALL BE, AT "DEUX
SORTES INC."'S SOLE DISCRETION, CORRECTION OF THE DEFECT OR REFUND OF THE
PURCHASE PRICE PAID FOR THE SOFTWARE. ANY USE BY YOU OF THE SOFTWARE IS AT YOUR
OWN RISK. THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY "DEUX SORTES
INC." REGARDING THE SOFTWARE. EXCEPT FOR THE LIMITED WARRANTY ABOVE, THE
SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, "DEUX
SORTES INC." DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. "DEUX SORTES INC." DOES NOT WARRANT THAT
THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU
MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED
FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR
THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. SOME
JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO
THEY MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
CRYPTOTOOLS IS SUPPLIED AS IS. IN NO EVENT WILL "DEUX SORTES INC." BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING,
WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS
OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS
INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PROGRAM, OR FOR
ANY CLAIM BY ANY OTHER PARTY, EVEN IF "DEUX SORTES INC." HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. "DEUX SORTES INC."'S AGGREGATE LIABILITY WITH
RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO
THE SOFTWARE AND DOCUMENTATION OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE
LICENSE FEE PAID BY YOU FOR THE SOFTWARE AND DOCUMENTATION. BECAUSE SOME
STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EXPORT RESTRICTIONS
THIS LICENSE AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY LAWS,
REGULATIONS, ORDERS, OR OTHER RESTRICTIONS ON THE EXPORT FROM THE CANADA OF THE
SOFTWARE OR INFORMATION ABOUT SUCH SOFTWARE WHICH MAY BE IMPOSED FROM TIME TO
TIME BY THE GOVERNMENT OF THE CANADA. YOU SHALL NOT EXPORT THE SOFTWARE,
DOCUMENTATION, OR INFORMATION ABOUT THE SOFTWARE AND DOCUMENTATION WITHOUT
CONSENT OF "DEUX SORTES INC." AND COMPLIANCE WITH SUCH LAWS, REGULATIONS,
ORDERS, OR OTHER RESTRICTIONS.
TERMINATION
THIS LICENSE AGREEMENT IS EFFECTIVE UNTIL IT IS TERMINATED. YOU MAY
TERMINATE THIS LICENSE AGREEMENT AT ANY TIME BY DESTROYING OR RETURNING TO
"DEUX SORTES INC." ALL COPIES OF THE SOFTWARE AND DOCUMENTATION IN YOUR
POSSESSION OR UNDER YOUR CONTROL. "DEUX SORTES INC." MAY TERMINATE THIS LICENSE
AGREEMENT FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, IF "DEUX SORTES INC."
FINDS THAT YOU HAVE VIOLATED ANY OF THE TERMS OF THIS LICENSE AGREEMENT. UPON
NOTIFICATION OF TERMINATION, YOU AGREE TO DESTROY OR RETURN TO "DEUX SORTES
INC." ALL COPIES OF THE SOFTWARE AND DOCUMENTATION AND TO CERTIFY IN WRITING
THAT ALL KNOWN COPIES, INCLUDING BACKUP COPIES, HAVE BEEN DESTROYED. ALL
PROVISIONS RELATING TO CONFIDENTIALITY, PROPRIETARY RIGHTS, AND NON-DISCLOSURE
SHALL SURVIVE THE TERMINATION OF THIS SOFTWARE LICENSE AGREEMENT.
GENERAL
THIS LICENSE AGREEMENT SHALL BE CONSTRUED, INTERPRETED AND GOVERNED BY
THE LAWS OF CANADA WITHOUT REGARD TO CONFLICTS OF LAW PROVISIONS THEREOF. THE
EXCLUSIVE FORUM FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS LICENSE
AGREEMENT SHALL BE AN APPROPRIATE COURT SITTING IN QUEBEC, CANADA. THIS LICENSE
AGREEMENT SHALL CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES HERETO. ANY
WAIVER OR MODIFICATION OF THIS LICENSE AGREEMENT SHALL ONLY BE EFFECTIVE IF IT
IS IN WRITING AND SIGNED BY BOTH PARTIES HERETO. IF ANY PART OF THIS LICENSE
AGREEMENT IS FOUND INVALID OR UNENFORCEABLE BY A COURT OF COMPETENT
JURISDICTION, THE REMAINDER OF THIS LICENSE AGREEMENT SHALL BE INTERPRETED SO
AS TO REASONABLY EFFECT THE INTENTION OF THE PARTIES.