End-User License Agreement (EULA)

DIGITAL CONFIDENCE END-USER LICENSE AGREEMENT (EULA)

DIGITAL CONFIDENCE SOFTWARE PRODUCT

PLEASE READ THE FOLLOWING END-USER LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING THIS SOFTWARE PRODUCT.

THIS END-USER LICENSE AGREEMENT IS A LEGAL CONTRACT BETWEEN DIGITAL CONFIDENCE AND THE INDIVIDUAL OR ENTITY ("LICENSEE") WHICH DOWNLOADS, INSTALLS, COPIES OR OTHERWISE USES THIS SOFTWARE PRODUCT.

IF, AFTER CAREFULLY READING THIS AGREEMENT, LICENSEE AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT HE MAY DOWNLOAD, INSTALL AND USE THIS SOFTWARE. IF THE LICENSEE DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, LICENSEE MAY NOT DOWNLOAD, INSTALL, COPY OR OTHERWISE USE THIS SOFTWARE PRODUCT.

1. OWNERSHIP

The Software is licensed, not sold. DIGITAL CONFIDENCE retain all title, copyright and other proprietary rights in the Software, including any rights under the copyright, trademark, trade secrets, patent and other intellectual property laws. Licensee does not acquire any intellectual property rights, express or implied, in the Software, other than those specified in this Agreement. Licensee may not modify, adapt or translate the Software. Whereas the code underlying the Software comprises trade secrets of DIGITAL CONFIDENCE, Licensee may not reverse engineer, decompile, disassemble or otherwise attempt to discover the code of the Software.

2. GENERAL USAGE LIMITATIONS

In case the Software includes multiple applications and components, Licensee may not unbundle the component parts of the Software for use on different Computers. Licensee may make a reasonable number of copies to be used only for backup or archival purposes. Licensee may not otherwise copy, modify or create any derivative works of the Software. Licensee may not use the Software on Computers not owned or leased by Licensee. Licensee may not sell, rent, lease, sublicense, assign or transfer Licensee rights in the software or any of its components.

3. ADDITIONAL USAGE LIMITATIONS FOR THE TRIAL VERSION

Licensee is allowed to use this Software for evaluation purpose only for a period that was determined by DIGITAL CONFIDENCE. Following the evaluation period, Licensee must discontinue any and all use of the Software, uninstall the Software and delete all of its files from the Licensee Computer.

4. ADDITIONAL USAGE LIMITATIONS FOR THE FULL VERSION

Licensee is allowed to download, install and use the Software only after paying the license fee that was determined by DIGITAL CONFIDENCE for the Software license to DIGITAL CONFIDENCE. Licensee is allowed to use the Software only on one Computer. The Software requires activation, and the number of computers on which Licensee may activate the Software may not exceed the number of computer licenses that Licensee have purchased. Once a license is activated, it is tied to the specific computer and cannot be transferred to another. If the Software is used by remote access, Licensee must purchase a computer license for every computer that will access the software.

5. NO WARRANTY

THE SOFTWARE IS PROVIDED TO LICENSEE "AS-IS". DIGITAL CONFIDENCE MAKE NO WARRANTY OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT THE SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING OF THIRD PARTY RIGHTS. DIGITAL CONFIDENCE MAKE NO WARRANTY OF ANY KIND REGARDING THE ACCURACY OF THE SOFTWARE DOCUMENTATION.

6. LIMITATION OF LIABILITY

DIGITAL CONFIDENCE BEARS NO LIABILITY FOR ANY DAMAGES, WHETHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL, RESULTING FROM POSSESSION OF, USE OF, ATTEMPTED USE OF, FAILURE OF USE OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, WORK STOPPAGE, LOSS OF REPUTATION, LOSS OF PROFITS, LOSS OF DATA OR DAMAGE TO DATA, OR COMPUTER FAILURE OR MALFUNCTION, REGARDLESS OF THE FORM OF ACTION, IN CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), EVEN IF DIGITAL CONFIDENCE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE MAXIMUM LIABILITY OF DIGITAL CONFIDENCE TO LICENSEE SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY LICENSEE FOR THE SOFTWARE LICENSE. LICENSEE AGREES THAT IT WILL NOT HOLD DIGITAL CONFIDENCE LIABLE FOR ANY FAILURE OF THE FUNCTIONALITY OF THE SOFTWARE.

7. SUPPORT AND UPDATES

DIGITAL CONFIDENCE will not provide any support services or software updates under this Agreement. DIGITAL CONFIDENCE may offer support services and software updates separately.

8. TERMINATION

This Agreement takes effect from the date on which the Licensee downloads, installs or otherwise use the Software, until terminated. If Licensee fails to comply with any part of this Agreement, this Agreement will terminate automatically without notice from DIGITAL CONFIDENCE. This Agreement may be voluntarily terminated by Licensee at any time by discontinuing any and all use of the Software, uninstalling the Software and deleting all of its files from the Licensee Computer.

9. AGREEMENT MODIFICATIONS

Only an authorized DIGITAL CONFIDENCE employee is authorized to make modifications, extensions, or additions to this Agreement.

10. GENERAL PROVISIONS

If any part of this agreement is found void and unenforceable, the validity of the rest of this Agreement won't be affected.