CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. YOU ACCEPT AND AGREE TO BE BOUND BY THIS LICENSE AGREEMENT BY CLICKING THE BUTTON LABELED "I ACCEPT" (OR ITS EQUIVALENT) THAT IS DISPLAYED BELOW. IF YOU DO NOT AGREE TO THIS LICENSE, CLICK THE BUTTON LABELED "I DISAGREE" (OR ITS EQUIVALENT) AND YOUR ACCOUNT, AND ENSUING ACCESS TO THE THE BELOW MENTIONED SOFTWARE WILL BE CANCELED, THE SOFTWARE WILL NOT BE USABLE, AND YOU WILL NOT BE CHARGED.
"You" means the person or company who is being licensed to use the Software or Documentation. "We," "us" and "our" means VaultletSoft Inc. "Software" means the VaultletSuite and SpecialDelivery programs.
We hereby grant you a free and nonexclusive license to use one copy of the Software on multiple computers, provided the Software is in use on only one computer per user account at any time. The Software is "in use" on a computer when it is loaded into temporary memory (RAM).
We remain the owner of all right, title and interest in the Software and related explanatory written materials ("Documentation").
Archival or Backup Copies
You may copy the Software for back up and archival purposes, even though the software distribution system manages all local caching and archiving.
Things You May Not Do
The Software and Documentation are protected by United States copyright laws and international treaties. You must treat the Software and Documentation like any other copyrighted material for example, a book. You may not:
copy the Documentation,
copy the Software except to make backup copies as a part of a general Operating System backup image,
modify or adapt the Software or merge it into another program,
reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Software,
place the Software onto a server so that it is accessible via a public network such as the Internet, or
sublicense, rent, lease or lend any portion of the Software or Documentation.
You may transfer all your rights to use the Software and Documentation to another person or legal entity provided you transfer this Agreement, the Software and Documentation, including all copies, updates and prior versions to such person or entity and that you retain no copies, including copies stored on computer.
Disclaimer of Warranty
Software is based upon multiple Open Source programming libraries, programs and/or operating systems. Each Open Source library, program and/or operating system is the result of an collaborative international effort and, as is ALWAYS the case with any software development project, each library, program and/or operating system embodies multiple known and unknown imperfections (bugs). As such, the Software's accuracy and reliability are not guaranteeable and, as a result, are not guaranteed. Despite a generalized mathematical inability to guarantee the outcome or internal state of any software development effort, in the specific case of the VaultletSuite we want you to know that we take very seriously the task of resolving any imperfections that we are made aware of, and do so in much the same way that a hospital triages incoming patients: the most serious bugs are dealt with before those that are merely cosmetic or mildly annoying in nature.
That said, you shall not rely exclusively on Software for any reason. You waive any and all claims You may have against Company arising out of the performance or nonperformance of Software. SOFTWARE IS PROVIDED AS IS, AND WE DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO IT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
To the extent permitted by applicable law, THE FOREGOING DISCLAIMER OF WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, nor to make any additional warranties.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Limitation of Liability
We shall not be responsible for any loss or damage to You or any third parties caused by Software. WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE, WHETHER BASED ON CONTRACT OR TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF ANY USE OF SOFTWARE OR ANY PERFORMANCE OF THIS AGREEMENT.
Term and Termination
This license agreement takes effect upon your use of the software and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software and Documentation in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You agree on termination of this license to destroy all copies of the Software and Documentation in your possession.
The Software contains trade secrets and proprietary know-how that belong to us and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.
1. This written license agreement is the exclusive agreement between you and us concerning the Software and Documentation and supersedes any prior purchase order, communication, advertising or representation concerning the Software.
2. This license agreement may be modified only by a writing signed by you and us.
3. In the event of litigation between you and us concerning the Software or Documentation, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.
4. This license agreement is governed by the laws of the District of Columbia.
5. You will not use this software to send unrequested email containing advertising SPAM of any kind to anyone.
6. You warrant that you are neither a citizen nor resident of, nor residing in, of one of the following countries classified by the U.S. Bureau of Industry and Commerce as "E:1" embargoed countries: Cuba, Iran, North Korea, Libya, Sudan, Syria, or any other country to which the United States has embargoed goods.
7. You agree that you are responsible for verifying that you are not on the U.S. Bureau of Industry and Commerce's Denied Persons List, Unverified List, Entity List, Specially Designated nationals List, nor Debarred List.
8. You agree that you are the proverbial "last mile in the computer security chain". As such, you agree that you are responsible for maintaining the computers on which you use the Software in a secure and uncompromised state. Any lapse on your part can result in complete mitigation of the security and privacy protection offered by the Software.
9. If you are using a free version of the Software, you agree that the Software is for either your personal or non-commercial and non-governmental use.