AEGIS Security Suite
Software License Agreement
NOTICE TO USER: PLEASE READ THIS AGREEMENT CAREFULLY. BY COPYING, INSTALLING, OR USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE PROVISIONS ON: TRANSFERABILITY IN SECTION?4; WARRANTY IN SECTIONS?6 AND 7; LIABILITY IN SECTION?8; CONNECTIVITY AND PRIVACY IN SECTION?14; AND SPECIFIC PROVISIONS AND EXCEPTIONS IN SECTION?16. YOU AGREE THAT THIS AGREEMENT IS LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED: FOR EXAMPLE, IF APPLICABLE, YOUR EMPLOYER. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE.
YOU MAY HAVE ANOTHER WRITTEN AGREEMENT DIRECTLY WITH 33SOFT (E.G., A VOLUME LICENSE AGREEMENT) THAT SUPPLEMENTS OR SUPERSEDES ALL OR PORTIONS OF THIS AGREEMENT.
THE SOFTWARE MAY CAUSE YOUR COMPUTER TO AUTOMATICALLY CONNECT TO THE INTERNET. SEE SECTIONS 14 AND 16 FOR ADDITIONAL INFORMATION.
THE SOFTWARE MAY INCLUDE PRODUCT ACTIVATION AND OTHER TECHNOLOGY DESIGNED TO PREVENT UNAUTHORIZED USE AND COPYING. THIS TECHNOLOGY MAY CAUSE YOUR COMPUTER TO AUTOMATICALLY CONNECT TO THE INTERNET AS DESCRIBED IN SECTION?14. ADDITIONALLY, ONCE CONNECTED, THE SOFTWARE MAY TRANSMIT YOUR SERIAL NUMBER AND IDENTIFIER INFORMATION ABOUT THE SOFTWARE AND OPERATING SYSTEM TO 33SOFT AND MAY PREVENT USES OF THE SOFTWARE THAT ARE NOT PERMITTED. ANY AND ALL INFORMATION USED IN THIS WAY IS KEPT STRICTLY PRIVATE AND NONE OF THIS INFORMATION IS SAVED BY 33SOFT FOR ANY REASON.
?33SOFT? means 33Soft LLC, a Florida corporation.
?Computer? means a virtual or physical computer device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
?Internal Network? means a private, proprietary network resource accessible only by employees and individual contractors (i.e., temporary employees) of a specific corporation or similar business entity. Internal Network does not include portions of the Internet or any other network community open to the public, such as membership or subscription driven groups, associations and similar organizations.
?Output File? means an output file you create with the Software.
?Permitted Number? means one (1) unless otherwise indicated under a valid license (e.g., volume license) granted by 33SOFT.
?Software? means (a)?all of the information with which this agreement is provided, including but not limited to: (i)?all software files and other computer information; (ii)?sample and stock photographs, images, sounds, clip art and other artistic works bundled with 33SOFT software and not obtained from 33SOFT through a separate service (unless otherwise noted within that service) or from another party through a separate service (?Content Files?); (iii)?related explanatory written materials and files (?Documentation?); and (iv)?fonts, and (b)?any modified versions and copies of, and upgrades, updates and additions to, such information, provided to you by 33SOFT at any time, to the extent not provided under separate terms (collectively, ?Updates?).
2. Software License.
If you obtained the Software and any required serial number(s) from 33SOFT or one of its authorized licensees and as long as you comply with the terms of this agreement, 33SOFT grants you a non-exclusive license to install and use the Software in a manner consistent with its design and Documentation and as further set forth below. See Section?16 for specific provisions related to the use of certain products and components.
2.1 Limited Use.
2.1.1 The Software, or portions of the Software, may allow installation and use without a serial number. If so, you may install but not use such non-serialized Software on any number of Computers as part of an organizational deployment plan. Further, you may install and use such non-serialized Software on any number of Computers for demonstration, evaluation, and training purposes only and only if any Output Files or other materials produced through such use are used only for internal, non-commercial and non-production purposes. You may not use such non-serialized Software after any applicable time-out period has ended, unless you input a valid serial number under Section?2.2. ACCESS TO AND USE OF ANY OUTPUT FILES CREATED WITH SUCH NON-SERIALIZED SOFTWARE IS ENTIRELY AT YOUR OWN RISK.
2.1.2 The Software, or portions of the Software, that are provided with a serial number and designated by an ?EVAL? SKU that includes an expiration date (?Evaluation Software?) may only be installed and used on Computers for demonstration, evaluation, and training purposes only and only if any Output Files or other materials produced through such use are used only for internal, non-commercial and non-production purposes. The Evaluation Software will automatically time out with or without prior notice. You may not use such Evaluation Software after any applicable time-out period has ended, unless you input a valid serial number under Section?2.2. ACCESS TO AND USE OF ANY OUTPUT FILES CREATED WITH SUCH EVALUATION SOFTWARE IS ENTIRELY AT YOUR OWN RISK.
2.2 General Use. You may install and use one copy of the Software in accordance with the Documentation only on the Permitted Number of your compatible Computers into which you enter a valid serial number.
2.3 Distribution from a Server. You may copy an image of the Software onto Computer file server(s) within your Internal Network for the purpose of downloading and installing the Software onto Computers within the same Internal Network for use as permitted by Section?2.1 and 2.2.
2.4 Server Use. You may install the Software on Computer file server(s) within your Internal Network only for use of the Software initiated by an individual from a Computer within the same Internal Network only as permitted by Section?2.2. The total number of users (not the concurrent number of users) able to use the Software on such Computer file server(s) may not exceed the Permitted Number.
By way of example, the foregoing does not permit you to install or access (either directly or through commands, data or instructions) the Software: (a)?from or to a Computer not part of your Internal Network, (b)?for enabling web hosted workgroups or web hosted services available to the public, (c)?by any individual or entity to use, download, copy, or otherwise benefit from the functionality of the Software unless licensed to do so by 33SOFT, (d)?as a component of a system, workflow or service accessible by more than the Permitted Number of users, or (e)?for operations not initiated by an individual user (e.g., automated server processing).
2.5 Portable or Home Computer Use. Subject to the important restrictions set forth in Section?2.6, the primary user of the Computer on which the Software is installed under Section?2.2 (?Primary User?) may install a second copy of the Software for his or her exclusive use on either a portable Computer or a Computer located at his or her home, provided that the Software on the portable or home Computer is not used at the same time as the Software on the primary Computer.
2.6 Restrictions on Secondary Use by Volume Licensees. If the Software was obtained under an 33SOFT volume license program by any licensee other than an educational volume licensee, the second copy of the Software made under Section?2.5 must be used solely for the benefit and business of that volume licensee. For more information about secondary use by volume licensees, please visit our website at http://www.33SOFT.com/
2.7 Backup Copy. You may make a reasonable number of backup copies of the Software, provided your backup copies are not installed or used for other than archival purposes. You may only use the backup copy only if the original copy of the Software is no longer usable and the only way to use the Software is to reinstall the Software via the backup copy.
2.8 Content Files. Unless stated otherwise in the ?Read-Me? files or other license(s) associated with the Content Files, which may include specific rights and restrictions with respect to such materials, you may use, display, modify, reproduce, and distribute any of the Content Files. However, you may not distribute the Content Files on a stand-alone basis (i.e., in circumstances in which the Content Files constitute the primary value of the product being distributed), and you may not claim any trademark rights in the Content Files or derivative works thereof.
2.9 Sample Application Code. You may modify the source code form of those portions of the Software programs that are expressly identified as sample code, sample application code, or sample components (each, ?Sample Application Code?) in the accompanying Documentation solely for the purposes of designing, developing, and testing websites and applications developed using 33SOFT software programs; provided, however, you are permitted to copy and distribute the Sample Application Code (modified or unmodified) only if all of the following conditions are met: (a)?you distribute only the compiled object code versions of the Sample Application Code with your application; (b)?you do not include the Sample Application Code in any product or application designed for website development; and (c)?you do not use the 33SOFT name, logos, icons, or other 33SOFT trademarks to market your application. You agree to indemnify, hold harmless, and defend 33SOFT from and against any loss, damage, claims, or lawsuits, including attorney?s fees that arise or result from the use or distribution of your application. ?
2.10 Programming Languages. The Software may include portions of the .NET SDK.
2.11 Dual Boot Platform. The Software is licensed for use on a specific operating system platform. You must purchase a separate license for use of the Software on each operating system platform. By way of example, if you desire to install the Software on both the Mac OS and Windows operating system platforms on a device that runs both of those platforms (i.e., a dual boot machine), then you must first obtain two separate licenses for the Software. This is true even if two versions of the Software, each designed for a different operating system platform, are delivered to you on the same media.
2.12 Documentation. You may make copies of the Documentation for your own internal use in connection with use of the Software in accordance with this agreement but no more than the amount reasonably necessary. Any permitted copy of the Documentation that you make must contain the same copyright and other proprietary notices that appear on or in the Documentation.
3. Intellectual Property Ownership.
The Software and any authorized copies that you make are the intellectual property of and are owned by 33SOFT Systems Incorporated and its suppliers. The structure, organization, and source code of the Software are the valuable trade secrets and confidential information of 33SOFT Systems Incorporated and its suppliers. The Software is protected by law, including but not limited to the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by 33SOFT and its suppliers.
4. Restrictions and Requirements.
4.1 Notices. Any permitted copy of the Software that you make must contain the same copyright and other proprietary notices that appear on or in the Software.
4.2 Use Obligations. You agree that you will not use the Software other than as permitted by this agreement and that you will not use the Software in a manner inconsistent with its design or Documentation.
4.3 No Modifications. Except as expressly permitted in Sections?2.8, 2.9, or 16, you may not modify or port the Software.
4.4 No Reverse Engineering. You will not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software. If you are located in the European Union, please refer to Section?16.1.
4.5 No Unbundling. The Software may include various applications, utilities, and components, may support multiple platforms and languages, and may be provided to you on multiple media or in multiple copies. Nonetheless, the Software is designed and provided to you as a single product to be used as a single product on Computers as permitted by Sections?2 and 16. You are not required to install all component parts of the Software, but you may not unbundle the component parts of the Software for use on different Computers. You may not unbundle or repackage the Software for distribution, transfer, or resale. See Section?16 for specific exceptions to this Section?4.5.
4.6 No Transfer. YOU WILL NOT RENT, LEASE, SELL, SUBLICENSE, ASSIGN, OR TRANSFER YOUR RIGHTS IN THE SOFTWARE, OR AUTHORIZE ANY PORTION OF THE SOFTWARE TO BE COPIED ONTO ANOTHER INDIVIDUAL OR LEGAL ENTITY?S COMPUTER EXCEPT AS MAY BE EXPRESSLY PERMITTED HEREIN. You may, however, permanently transfer all your rights to use the Software to another individual or legal entity provided that: (a)?you also transfer (i)?this agreement, (ii)?the serial number(s), the Software affixed to media provided by 33SOFT or its authorized distributor, and all other software or hardware bundled, packaged, or pre-installed with the Software, including all copies, Updates, and prior versions, and (iii)?all copies of font software to such individual or entity; (b)?you retain no Updates or copies, including backups and copies stored on a Computer; and (c)?the receiving party accepts the terms and conditions of this agreement and any other terms and conditions under which you purchased a valid license to the Software. NOTWITHSTANDING THE FOREGOING, YOU MAY NOT TRANSFER EDUCATION, PRE-RELEASE, EVALUATION SOFTWARE, OR NOT FOR RESALE COPIES OF THE SOFTWARE OR SOFTWARE OBTAINED UNDER AN 33SOFT VOLUME LICENSE PROGRAM EXCEPT AS MAY BE EXPRESSLY PERMITTED BY 33SOFT WITHIN THE TERMS OF A VOLUME LICENSE PROGRAM. Information about obtaining the right to transfer volume licensed software may be found at http://www.33SOFT.com/ Prior to a transfer 33SOFT may require that you and the receiving party confirm in writing your compliance with this agreement, provide 33SOFT with information about yourselves, and register as end-users of the Software. Allow 4-6 weeks to transfer. Please visit http://www.33SOFT.com/ or contact 33SOFT?s Customer Support Department for more information.
4.7 No Service Bureau. Except as expressly set forth in Section?16.4.3, you will not use or offer the Software on a service bureau basis.
4.8 33SOFT Runtime Restrictions. You will not use 33SOFT Runtimes on any non-PC device.
If the Software is an Update to a previous version of 33SOFT software, you must possess a valid license to such previous version in order to use such Update. After you install such Update, you may continue to use any such previous version in accordance with its end-user license agreement only if (a)?the Update and all previous versions are installed on the same Computer, (b)?the previous versions or copies thereof are not transferred to another party or device unless all copies of the Update are also transferred to such party or device, and (c)?you acknowledge that any obligation 33SOFT may have to support the previous version(s) may end upon the availability of the Update. No other use of the previous version(s) is permitted after installation of an Update. Updates may be licensed to you by 33SOFT with additional or different terms.
6. Limited Warranty.
33SOFT warrants to the individual or entity that first purchases a license for the Software for use pursuant to the terms of this agreement that the Software will perform substantially in accordance with the Documentation for the ninety (90) day period following receipt of the Software when used on the recommended operating system and hardware configuration. Non-substantial variation of performance from the Documentation does not establish a warranty right. This limited warranty does not apply to the following, which are made available AS-IS and without warranty from 33SOFT: patches, font software; pre-release (beta), trial, starter, evaluation, product sampler, and not for resale (NFR) copies of the Software including but not limited to Evaluation Software; websites, 33SOFT Online Services; Third Party Online Services; Certified Document Services (see Section?16); and any software made available by 33SOFT for free via web download from an 33SOFT website. All warranty claims must be made, along with proof of purchase, to the 33SOFT Customer Support Department within such ninety (90) day period. Visit the 33SOFT Customer Support pages at http://www.33SOFT.com/go/support for more information about warranty claims. If the Software does not perform substantially in accordance with the Documentation, the entire liability of 33SOFT and its affiliates and your exclusive remedy will be limited to replacement of the Software. THE LIMITED WARRANTY SET FORTH IN THIS SECTION?GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE ADDITIONAL RIGHTS UNDER LAW WHICH VARY FROM JURISDICTION TO JURISDICTION. 33SOFT DOES NOT SEEK TO LIMIT YOUR WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW. Please see Section?16 for jurisdiction-specific provisions or contact the 33SOFT Customer Support Department.
THE LIMITED WARRANTY IN SECTION?6 IS THE ONLY WARRANTY OFFERED BY 33SOFT, ITS AFFILIATES, AND SUPPLIERS AND IT STATES THE SOLE AND EXCLUSIVE REMEDIES FOR 33SOFT?S, ITS AFFILIATES?, OR SUPPLIERS? BREACH OF THAT OFFERED WARRANTY. THE LIMITED WARRANTY IN SECTION?6 AND ANY STATUTORY WARRANTY AND REMEDY THAT CANNOT BE EXCLUDED OR LIMITED UNDER LAW ARE THE ONLY WARRANTIES APPLICABLE TO THE SOFTWARE. OTHER THAN THOSE OFFERED AND STATUTORY WARRANTIES AND REMEDIES, 33SOFT, ITS AFFILIATES, SUPPLIERS, AND CERTIFICATE AUTHORITIES (DEFINED BELOW) DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE AS TO ANY MATTER, INCLUDING BUT NOT LIMITED TO PERFORMANCE, SECURITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, QUIET ENJOYMENT, SATISFACTORY QUALITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. OTHER THAN SUCH OFFERED AND STATUTORY WARRANTIES AND REMEDIES, 33SOFT, ITS AFFILIATES, SUPPLIERS, AND CERTIFICATE AUTHORITIES PROVIDE THE SOFTWARE AND ACCESS TO ANY WEBSITES, 33SOFT OR THIRD PARTY ONLINE SERVICES, AND CERTIFICATE AUTHORITY SERVICES AS-IS AND WITH ALL FAULTS. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS. YOU MAY HAVE ADDITIONAL WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. 33SOFT DOES NOT SEEK TO LIMIT YOUR WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW. The provisions of Sections?7 and Section?8 will survive the termination of this agreement, howsoever caused, but this will not imply or create any continued right to use the Software after termination of this agreement.?
This software by design modifies files, chosen by the user. Any damage to the user?s hardware, software, or personal files are the responsibility of the user, and 33SOFT takes no responsibility for any damage, whether caused by the user or by any error in the software itself.
8. Limitation of Liability.
EXCEPT FOR THE EXCLUSIVE REMEDY OFFERED BY 33SOFT ABOVE AND ANY REMEDIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER LAW, 33SOFT, ITS AFFILIATES, SUPPLIERS, AND CERTIFICATE AUTHORITIES WILL NOT BE LIABLE TO YOU FOR ANY LOSS, DAMAGES, CLAIMS, OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, PERSONAL INJURY OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY, EVEN IF AN 33SOFT REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS. IN ANY EVENT, 33SOFT?S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES, SUPPLIERS, AND CERTIFICATE AUTHORITIES UNDER OR IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT. Nothing contained in this agreement limits 33SOFT?s liability to you in the event of death or personal injury resulting from 33SOFT?s negligence or for the tort of deceit (fraud). 33SOFT is acting on behalf of its affiliates, suppliers, and Certificate Authorities for the purpose of disclaiming, excluding and limiting obligations, warranties, and liability, but in no other respects and for no other purpose. For further information, contact the 33SOFT Customer Support Department.
THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. THIS LIMITATION OF LIABILITY MAY NOT BE VALID IN SOME JURISDICTIONS. YOU MAY HAVE RIGHTS THAT CANNOT BE WAIVED UNDER CONSUMER PROTECTION AND OTHER LAWS. 33SOFT DOES NOT SEEK TO LIMIT YOUR WARRANTY OR REMEDIES TO ANY EXTENT NOT PERMITTED BY LAW. SEE SECTION?16 FOR JURISDICTION-SPECIFIC STATEMENTS.
9. Export Rules.
You acknowledge that the Software is subject to the U.S. Export Administration Regulations and other export laws, restrictions, and regulations (collectively, the ?Export Laws?) and that you will comply with the Export Laws. You will not ship, transfer, export, or re-export the Software , directly or indirectly, to: (a)?any countries that are subject to US export restrictions (currently including, but not necessarily limited to, Cuba, Iran, North Korea, Sudan, and Syria) (each, an ?Embargoed Country?), (b)?any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons, or rocket systems, space launch vehicles, and sounding rockets, or unmanned air vehicle systems (each, a ?Prohibited Use?), or (c)?any end user who has been prohibited from participating in the U.S. export transactions by any federal agency of the U.S. government (each, a ?Sanctioned Party?). In addition, you are responsible for complying with any local laws in your jurisdiction which may impact your right to import, export or use the Software. You represent and warrant that (i)?you are not a citizen of, or located within, an Embargoed Country, (ii)?will not use the Software for a Prohibited Use, and (iii)?are not a Sanctioned Party. All rights to use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this agreement.
10. Governing Law.
If you are a consumer who uses the Software for only personal non-business purposes, then this agreement will be governed by the laws of the state in which you purchased the license to use the Software. If you are not such a consumer, this agreement will be governed by and construed in accordance with the substantive laws in force in: (a)?the State of California, if a license to the Software is obtained when you are in the United States, Canada, or Mexico; or (b)?Japan, if a license to the Software is obtained when you are in Japan; or (c)?Singapore, if a license to the Software is obtained when you are in a member state of the Association of Southeast Asian Nations, the People?s Republic of China (including Hong Kong S.A.R. and Macau S.A.R.), Taiwan, or the Republic of Korea; or (d)?England, if a license to the Software is obtained when you are in any jurisdiction not described above. The respective courts of Santa Clara County, California when California law applies, Tokyo District Court in Japan, when Japanese law applies, and the competent courts of London, England, when the law of England applies, shall each have non-exclusive jurisdiction over all disputes relating to this agreement. When Singapore law applies, any dispute arising out of or in connection with this agreement, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (?SIAC?) for the time being in force, which rules are deemed to be incorporated by reference in this section. There shall be one arbitrator, selected jointly by the parties. If the arbitrator is not selected within thirty (30) days of the written demand by a party to submit to arbitration, the Chairman of the SIAC shall make the selection. The language of the arbitration shall be English. Notwithstanding any provision in this agreement, 33SOFT or you may request any judicial, administrative, or other authority to order any provisional or conservatory measure, including injunctive relief, specific performance, or other equitable relief, prior to the institution of legal or arbitration proceedings, or during the proceedings, for the preservation of its rights and interests or to enforce specific terms that are suitable for provisional remedies. The English version of this agreement will be the version used when interpreting or construing this agreement. This agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
11. General Provisions.
If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which will remain valid and enforceable according to its terms. This agreement may only be modified in writing, signed by an authorized officer of 33SOFT. The English version of this agreement will be the version used when interpreting or construing this agreement. This is the entire agreement between 33SOFT and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications, or advertising relating to the Software.
12. Notice to U.S. Government End Users.
12.1 For U.S. Government End Users, 33SOFT agrees to comply with all applicable equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended, Section?402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section?503 of the Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence will be incorporated by reference in this agreement.
12.2 For U.S. Government End Users, Software is a ?Commercial Item(s),? as that term is defined at 48?C.F.R. Section?2.101, consisting of ?Commercial Computer Software? and ?Commercial Computer Software Documentation,? as such terms are used in 48 C.F.R. Section?12.212 or 48 C.F.R. Section?227.7202, as applicable. Consistent with 48 C.F.R. Section?12.212 or 48 C.F.R. Sections 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a)?only as Commercial Items; and (b)?with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. 33SOFT.
13. Compliance with Licenses.
If you are a business, company, or organization, you agree that, no more than once every twelve (12) months, 33SOFT or its authorized representative shall, upon ten (10) days? prior notice to you, have the right to inspect your records, systems, and facilities to verify that your use of any and all 33SOFT software is in conformity with your valid licenses from 33SOFT. For example, 33SOFT has the right to those of your records useful to determine whether installations of the Software have, or have not, been serialized, and you shall provide such records to 33SOFT promptly upon request by 33SOFT. Additionally, you shall provide 33SOFT will all records and information requested by 33SOFT in order to verify that your use of any and all 33SOFT software is in conformity with your valid licenses from 33SOFT within thirty (30) days of 33SOFT?s request. You may find information about counting Software serializations at http://www.33SOFT.com/. If verification discloses that your use is not in conformity with a valid license, you shall immediately obtain valid licenses to bring your use into conformity.
14. Internet Connectivity and Privacy.
14.1 Automatic Connections to the Internet. The Software may cause your Computer, without additional notice, automatically to connect to the Internet and to communicate with an 33SOFT website or 33SOFT domain for purposes that may include providing you with additional information, features, and functionality. Unless otherwise specified in Sections 14.2 through 14.6, the following provisions apply to all automatic Internet connections by the Software:
14.1.1 When the Software automatically connects to the Internet, an Internet protocol address (?IP?Address?) that is associated with your current Internet connection is sent to an 33SOFT website;
14.1.3 33SOFT may deliver in-product marketing to provide information about the Software and other 33SOFT products and Services, including but not limited to 33SOFT Online Services, based on certain Software and 33SOFT Online Services specific features including but not limited to, the version of the Software, including without limitation, platform version, version of the Software, and language. For further information about in-product marketing, please see the ?help? menu in the Software; and
14.2 Updating. The Software may cause your Computer, without additional notice, automatically to connect to the Internet (intermittently or on a regular basis) to check for Updates that are available for download to and installation on your Computer and to let 33SOFT know the results of installation attempts. Please consult the Documentation for information about changing update settings.
14.3 Activation and Deactivation. The Software may cause your Computer, without additional notice, and on an intermittent or regular basis, automatically to connect to the Internet in order to validate that the Software is being operated in accordance with this agreement (a process referred to as ?Activation?). In some cases, Software that fails to activate may offer only limited functionality or may not operate at all. If you want to deactivate and uninstall the Software from your Computer in order to install and activate the Software on another Computer in accordance with this agreement (?Deactivation?), Deactivation will not occur until you are connected to the Internet. Please visit http://www.33SOFT.com/ for more details.
14.4 Use of Online Services. The Software may cause your Computer, without additional notice and on an intermittent or regular basis, automatically to connect to the Internet to facilitate your access to content and services that are provided to you by 33SOFT or third parties as further described in Section?16.5 (33SOFT Online Services and Third Party Online Services). In addition, the Software may, without additional notice, automatically connect to the Internet to update downloadable materials from these online services so as to provide immediate availability of these services even when you are offline. Please consult the Documentation for information about changing update settings.
14.5 Digital Certificates. The Software may use digital certificates.
14.6 Settings Manager. AEGIS may cause certain user settings to be stored on your Computer as a local shared object. These settings are not associated with you, but allow you to configure certain settings within the Flash Player. You can find more information on local shared objects at http://www.33SOFT.com/ and more information on the Settings Manager at http://www.33SOFT.com/.
15. Peer to Peer Communications.
The Software may use your connection to a local area network, without additional notice, automatically to connect to other 33SOFT software and, in doing so, may indicate on the local area network that it is available for communication with other 33SOFT software. These connections may transmit the IP Address of your connection to the local network but no personally identifiable information is ever transmitted or received through such network connections (except to the extent that IP addresses may be considered personally identifiable in some jurisdictions). Please consult the Documentation for information about changing default settings.
16. Specific Provisions and Exceptions.
This section sets forth specific provisions related to certain products and components of the Software as well as limited exceptions to the above terms and conditions. To the extent that any provision in this section is in conflict with any other term or condition in this agreement, this section will supersede such other term or condition.
16.1 No Prejudice, European Union Provisions.
16.1.1 This agreement will not prejudice the statutory rights of any party, including those dealing as consumers. For example, for consumers in New Zealand who obtain the Software for personal, domestic, or household use (not business purposes), this agreement is subject to the Consumer Guarantees Act.
16.1.2 If you obtained the Software in the European Union (EU), you usually reside in the EU, and you are a consumer (that is you use the Software for personal, non-business related purposes), then Section?6 does not apply to your purchase and use of the Software. Instead, 33SOFT warrants for a period of 2 years from purchase that the Software provides the functionalities set forth in the Documentation (the ?agreed upon functionalities?) when used on the recommended hardware configuration. Non-substantial variation from the agreed upon functionalities will not establish any warranty rights. THIS WARRANTY DOES NOT APPLY TO SOFTWARE THAT YOU USE ON A PRE-RELEASE, TRYOUT, STARTER, OR PRODUCT SAMPLER BASIS, OR TO FONT SOFTWARE OR TO THE EXTENT THE SOFTWARE FAILS TO PERFORM BECAUSE IT HAS BEEN ALTERED BY YOU. To make a warranty claim, you must notify the 33SOFT Customer Support Department during this 2 year period, providing details of proof of purchase of the Software. 33SOFT will verify with you whether there is a defect in the Software or advise you that the error arises because you have not installed the Software correctly (in which case, 33SOFT shall assist you). If there is a defect in the Software, you may request from 33SOFT either a refund or a repaired or replacement copy of the Software. Requests must be accompanied by proof of purchase. In the event your warranty details are substantiated, 33SOFT will meet your request for repaired or replacement Software, unless it is not reasonable for 33SOFT to do so, in which case 33SOFT will provide you with a refund. For warranty assistance, please contact the 33SOFT Customer Support Department.
Please note that the provisions of Section?8 (Limitation of Liability) will continue to apply to any damages claims you make in respect of your use of the Software. Nonetheless, 33SOFT shall be liable for direct losses that are reasonably foreseeable in the event of a breach by 33SOFT of this agreement. You are advised to take all reasonable measures to avoid and reduce damages, in particular by making back-up copies of the Software and your computer data.
This agreement, and in particular, this Section?16.1.2, is intended to describe your rights (including your statutory rights) in the event there should be problems with your use of the Software. If your statutory rights are greater than this description, your statutory rights shall apply.
16.1.3 Nothing included in this agreement (including Section?4.4) shall limit any non-waivable right to decompile the Software that you may enjoy under applicable law. For example, if you are located in the European Union (EU), you may have the right upon certain conditions specified in the applicable law to decompile the Software if it is necessary to do so in order to achieve interoperability of the Software with another software program, and you have first asked 33SOFT in writing to provide the information necessary to achieve such operability and 33SOFT has not made such information available. In addition, such decompilation may only be performed by you or someone else entitled to use a copy of the Software on your behalf. 33SOFT has the right to impose reasonable conditions before providing such information. Any information supplied by 33SOFT or obtained by you, as permitted hereunder, may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software that is substantially similar to the expression of the Software or used for any other act that infringes the copyright of 33SOFT or its licensors.
16.2 Pre-release Software Additional Terms. If the Software is pre-commercial release or beta software (?Pre-release Software?), then this section applies. The Pre-release Software is a pre-release version, does not represent final product from 33SOFT, and may contain bugs, errors, and other problems that could cause system or other failures and data loss. 33SOFT may never commercially release the Pre-release Software. If you received the Pre-release Software pursuant to a separate written agreement, such as the 33SOFT Systems Incorporated License Agreement for Prerelease Software, your use of the Software is also governed by such agreement. You will promptly return or destroy all copies of Pre-release Software upon the earlier of 33SOFT?s request or upon 33SOFT?s commercial release of such Software. YOUR USE OF PRE-RELEASE SOFTWARE IS AT YOUR OWN RISK. SEE SECTIONS?7 AND 8 FOR WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS WHICH GOVERN PRE-RELEASE SOFTWARE.
16.3 Educational Software Product. If the Software is Educational Software Product (Software manufactured and distributed for use by only Educational End Users), you are not entitled to use the Software unless you qualify in your jurisdiction as an Educational End User. Please visit http://www.33SOFT.com/ to learn if you qualify. To find an 33SOFT Authorized Academic Reseller in your area, please visit http://www.33SOFT.com/ and look for the link for Buying 33SOFT Products Worldwide.?
16.4 Font Software. If the Software includes font software:
16.4.1 You may use the font software with the Software on Computers as described in Section?2 and output the font software to any output device(s) connected to such Computer(s).
16.4.2 If the Permitted Number of Computers is five (5) or fewer, you may download the font software to the memory (hard disk or RAM) of one output device connected to at least one of such Computers for the purpose of having the font software remain resident in such output device, and of one more such output device for every multiple of five represented by the Permitted Number of Computers.
16.5 Online Services.
16.5.1 33SOFT may offer online services.
16.5.2 Provided by Third Parties. The Software may facilitate your access to websites maintained by third parties offering goods, information, software, and services (?Third Party Online Service(s)?). Your access to and use of any Third Party Online Services is governed by the terms, conditions, disclaimers, and notices found on such site or otherwise associated with such Third Party Online Services. 33SOFT may at any time, for any reason, modify or discontinue the availability of any Third Party Online Services. 33SOFT does not control, endorse, or accept responsibility for Third Party Online Services. Any dealings between you and any third party in connection with a Third Party Online Service, including such party?s privacy policies and use of your personal information, delivery of and payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. Third Party Online Services might not be available in all languages or to residents of all countries and 33SOFT may, at any time and for any reason, modify or discontinue the availability of any Third Party Online Service.
16.5.3 EXCEPT AS EXPRESSLY AGREED BY 33SOFT OR ITS AFFILIATES OR A THIRD PARTY IN A SEPARATE AGREEMENT, YOUR USE OF 33SOFT ONLINE SERVICES AND THIRD PARTY ONLINE SERVICES IS AT YOUR OWN RISK UNDER THE WARRANTY AND LIABILITY LIMITATIONS OF SECTIONS?7 AND 8.
16.7 Digital Certificates.
16.7.1 Use. Digital certificates are issued by third party certificate authorities, including 33SOFT Certified Document Services (CDS) vendors listed at http://www.33SOFT.com/ and 33SOFT Approved Trust List vendors (?AATL?) listed at http://www.33SOFT.com/ (collectively ?Certificate Authorities?), or can be self-signed.
16.7.2 Terms and Conditions. Purchase, use, and reliance upon digital certificates is the responsibility of you and a Certificate Authority. Before you rely upon any certified document, digital signature, or Certificate Authority services, you should review the applicable terms and conditions under which the relevant Certificate Authority provides services, including, for example, any subscriber agreements, relying party agreements, certificate policies, and practice statements. See the links on http://www.33SOFT.com/ for information about 33SOFT?s CDS vendors and http://www.33SOFT.com/ for information about AATL vendors.
16.7.3 Acknowledgement. You agree that (a)?the Software, due to configuration or external issues, might show a signature as valid despite the fact a digital certificate may have been revoked or expired prior to the time of verification, (b)?the security or integrity of a digital certificate may be compromised due to an act or omission by the signer of the document, the applicable Certificate Authority, or any other third party and (c)?a certificate may be a self-signed certificate not provided by a Certificate Authority. YOU ARE SOLELY RESPONSIBLE FOR DECIDING WHETHER OR NOT TO RELY ON A CERTIFICATE. UNLESS A SEPARATE WRITTEN WARRANTY IS PROVIDED TO YOU BY A CERTIFICATE AUTHORITY, YOU USE DIGITAL CERTIFICATES AT YOUR SOLE RISK.
16.7.4 Third Party Beneficiaries. You agree that any Certificate Authority you rely upon is a third party beneficiary of this agreement and shall have the right to enforce this agreement in its own name as if it were 33SOFT.
16.7.5 Indemnity. You agree to hold 33SOFT and any applicable Certificate Authority (except as expressly provided in its terms and conditions) harmless from any and all liabilities, losses, actions, damages, or claims (including all reasonable expenses, costs, and attorneys fees) arising out of or relating to your use of, or any reliance on, any service of such authority, including, without limitation (a)?reliance on an expired or revoked certificate, (b)?improper verification of a certificate, (c)?use of a certificate other than as permitted by any applicable terms and conditions, this agreement or applicable law, (d)?failure to exercise reasonable judgment under the circumstances in relying on issuer services or certificates, or (e)?failure to perform any of the obligations as required in the terms and conditions related to the services.
If you have any questions regarding this agreement or if you wish to request any information from 33SOFT, please use the websites included with this product to contact the 33SOFT office serving your jurisdiction.
33SOFT, AEGIS, Password Protection, File Shredder, Encryption, and Security Suite are either registered trademarks or trademarks of 33SOFT LLC in the United States and/or other countries. All other trademarks are the property of their respective owners.