Term and conditions of use
BY CLICKING THE ACCEPT BUTTON OR DOWNLOADING THE SOFTWARE, YOU AGREE TO BE BOUND BY AND BECOME A PARTY TO THIS SOFTWARE LICENCE AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT YOU MAY NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE. YOUR RIGHT TO USE THIS PRODUCT IS SUBJECT TO THE TERMS SET OUT BELOW.
1.DEFINITIONS
1.1 In this agreement the following words have the corresponding meanings:
"Agreement" this software licence agreement;
"DES" Data Encryption Systems Limited (Co. No. 1934623) of Silver Street House, Silver Street, Taunton, Somerset, UK, TA1 3DL;
"Distributor" or "Reseller" any third party authorised by DES to licence the product to third parties on behalf of DES;
"Documentation" the user manual and any other documentation supplied as part of the software's help system;
"Information" any information or data encrypted or decrypted using the software and / or the optional USB hardware;
"IPR" all intellectual property rights in the products (and any part of them) including without limitation the specific rights, any copyright, registered or unregistered trademarks, patents, database rights together with any applications to register the same anywhere in the world;
"Licence" a non-exclusive, non-transferable licence to use the software and use the optional USB hardware and documentation in accordance with the terms of the agreement;
"Products" the software, the optional USB hardware and the documentation;
"Software" the software(s) entitled DESlock+ used for the encryption and decryption of electronic data;
"Specific Rights" the registered trademarks DESlock, DESlock+, DESkey, patents GB 2378539, US 7099478, US 7471796, EU 1423765 (ES, FI, FR, UK, IE, IT, NL) RU 2273959, SE 02751448-8, CN 02820752-1, IN 231403, IL 160709
"USB Hardware" the optional USB hardware device for use with the software;
"Qualifying Personal User" A person using the software solely in a personal capacity for personal data only, this includes full and part time students who use the software with any information related to their studies and research and any correspondence with their school, college or other institution or any other organisation which is involved in their personal training or education.
"Corporate Users" Persons using the software with information belonging to a business or any other organisation of which the user in an employee or member of or is working for under any contractual or voluntary basis including working as self employed with the exception of correspondence directly relating to the single user such as personal contract of employment or correspondence relating to the terms and conditions of your employment.
1.2 All references to the plural shall include the singular and all references to the masculine shall include the feminine and neuter and vice versa.
GRANT OF LICENCE AND DES OBLIGATIONS
In consideration of you agreeing and adhering to the terms of this agreement, and paying for a licence, DES grants you a non-exclusive, non-transferable right to install and use the software on the number of seats for which you have purchased a licence. A separate licence is required for each and every seat.
Qualifying personal users as defined in this agreement may use the personal edition of the software free of charge using the appropriate licence activation code provided by DES.
Corporate users as defined in this agreement are NOT permitted to use the software free of charge other than for initial trial and evaluation purposes or at the express permission of DES.
3. PERMISSIONS
Subject to this agreement you are permitted to:
3.1 load and use the software on one or more computers for your own use (in object code form only) in conjunction with the licence activation code or optional USB hardware
3.2 make a back-up copy of the software in support of your permitted use of the software provided you clearly label the back-up copy with the following notice:
© Data Encryption Systems Limited [2010] – All rights reserved
3.3 use the optional USB hardware for the purpose of generating and storing encryption keys;
3.4 use the documentation for the purpose of providing you with assistance on the use of the software and the optional USB hardware;
3.5 transfer the products and your licence on a permanent basis to another person only if that person agrees to accept the terms of this agreement and you either transfer all copies (including the most recent update and all prior versions) to that person or destroy any copies not transferred. If you transfer possession of any part of the products to another person, your licence is automatically terminated.
4. PROHIBITIONS
You may not nor may you permit others to:
4.1 Use the software in a corporate environment or in conjunction with any information relating to a business other than your own personal data unless licensed to do so by DES.
4.2 use, copy, distribute, rent, loan, lease, sub-licence, transfer or otherwise deal in the products (or any of them) except as permitted by this agreement;
4.3 alter, adapt, merge, modify or translate the software or the documentation in any way for any purpose, including, without limitation, for error correction except with express prior permission of DES (which may be withheld at its absolute discretion);
4.4 reverse – engineer, disassemble or decompile the software, activation code, software key file or optional USB hardware;
4.5 remove, change or obscure any identification or notices of proprietary rights (including without limit those relating to the specific rights) and restrictions on or in the products (or any of them).
5. TERMINATION
5.1 You may terminate the licence at any time by deleting all electronic copies of the software in your control together with any back-up disks and returning the products together with all copies in any form to DES or the distributor or reseller from which you purchased the same. Any use of any copies of the products after termination of the licence is unlawful.
5.2 Your licence to use the products will terminate automatically if you:
5.2.1 fail to comply with any term of this agreement; or
5.2.2 become bankrupt, go into liquidation, suffer or make any winding up petition, make an arrangement with your creditors, have an administrator, administrative receiver or receiver appointed or suffer or file any similar action.
5.3 Upon termination of the licence for any reason you will delete all electronic copies of the software in your control together with any back-up disks and return the products together with all copies in any form to DES or the distributor or reseller from which you purchased the same. Any use of any copies of the products after termination of the licence is unlawful.
6. LIMITED WARRANTY
6.1 Subject to clause 6.2 and clause 8.4 DES warrants only to you as the original licensee that for a period of 12 months from the date upon which you purchased the products, the software and the optional USB hardware when used properly will in all material respects provide the functions and facilities as described in the documentation.
6.2 DES entire liability and your exclusive remedy under the warranty given in clause 6.1 will be (at DES absolute option) to either:
6.2.1 repair or replace the products (if any) which does not conform with the warranty; or
6.2.2 refund the price paid for the products and terminate the Licence. This remedy is subject to the return of the products with a copy of your payment receipt to DES not later than 14 days after the end of a period of 12 months from your purchase of the software.
7. EXCLUSION OF OTHER WARRANTIES
7.1 Subject to the express warranties given pursuant to clause 6, DES make and you receive no other warranties, conditions or representations, express or implied, statutory or otherwise, and without limitation the implied terms of satisfactory quality and fitness for a particular purpose are excluded. DES does not warrant that the operation of the products will be error free or uninterrupted. It is your responsibility to ensure that the products are suitable for your needs and the entire risk as to the performance and results of the products is assumed by you.
7.2 You acknowledge and accept that:
7.2.1 it is your responsibility to protect, maintain and back-up Information;
7.2.2 you should fully back-up all information and data (including without limit any critical information and data) on your computer before installation of the software and / or initial use the optional USB hardware;
7.2.3 you must keep a safe record of any passwords or other information used for setting up and using the software, you must also make back up copies of all encryption keys, licence codes, key-files and other data generated including those generated and stored within the optional USB hardware to separate storage media;
7.2.4 you are responsible for the use of the products. DES shall not be liable for any loss, claim or damage suffered as a consequence of any unauthorised or mistaken encryption or decryption of information or data (including without limit, information) wherever and however that information or data is stored;
7.2.5 whilst DES has taken all reasonable steps to ensure the integrity and security of the hardware and software, the products (or any of them) must not be used in any area which is dependent on a fail-safe level of security or is potentially hazardous or dangerous including without limitation nuclear facilities, aircraft navigation, control or communication systems, weapon and defence systems and life support or life monitoring systems;
7.2.6 it is your responsibility to ensure that the level of security and encryption provided by the products is adequate for your requirements;
7.2.7 you are responsible for your use of the products (or any of them) including without limit ensuring that such use complies with all applicable laws and regulations of the United Kingdom or such other country, region or state where the product is used. You must ensure that prior to any use of the products you have ensured that it is not in contravention of any government (in the United Kingdom or otherwise) embargo;
7.2.8 it is your responsibility to protect and maintain the optional USB hardware. DES shall not be responsible for any loss, damage, expense or claim arising from the loss, theft, misuse, corruption, damage or destruction of the optional USB hardware.
7.2.9 It is your responsibility to keep safe records of any information used for setting up and using the software. You must keep a safe record of any passwords or other information used for setting up and using the software. You must also make back up copies of all encryption keys, activation codes and other data generated including those generated and stored within the optional USB hardware to separate storage media;
7.2.10 DES shall not be responsible for any loss, damage, expense or claim arising from the loss, theft, misuse, corruption, damage or destruction of passwords, set up information, encryption keys, licence activation codes and other data generated or stored during use of the software and / or the optional USB hardware.
DISCLAIMER
8.1 Notwithstanding anything to the contrary in this agreement DES does not exclude or limit liability for death or personal injury resulting from an act or negligence of DES.
8.2 DES will not be liable for any direct, consequential, incidental, or special damage or loss, damage or claim of any kind (including without limitation loss of profits, loss of contracts, business interruptions or loss of, unauthorised or mistaken disclosure or corruption to Information and / or data) however caused and whether arising under contract, tort, including negligence, or otherwise in respect of the products and your use of them (including without limit any "beta" product provided pursuant to clause 8.4 below).
8.3 If any exclusion, disclaimer or other provision contained in this agreement is held invalid for any reason and DES becomes liable for loss or damage that could otherwise be limited, such liability, whether in contract, negligence or otherwise, will not exceed the amount actually paid by you for the products.
8.4 Any products (including any supporting hardware, software, data or information) supplied by DES or its distributors or resellers as a "beta" product are provided "as is" and are to be used for evaluation purposes only. Under no circumstances should any "beta" product provided pursuant to this clause be used in conjunction with any confidential, critical or important information or data;
8.5 You acknowledge that the allocation of risk in this agreement is fair and reasonable in all the circumstances and that it is not within DES control how and for what purposes the products are used by you.
9. INDEMNITY
You will fully indemnify DES against any loss, damage, expense (including without limit any legal fees) or claim incurred as a consequence of you failing to adhere to any of the terms of this licence.
10. GENERAL
10.1 This agreement is the entire agreement between you and DES and supersedes any other oral or written communications, agreements or representations with respect to the products.
10.2 If any part of this agreement is held by a court of competent jurisdiction to be unenforceable the validity of the remainder of the agreement will not be affected.
10.3 This agreement is governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English court.
10.4 Except as otherwise expressly stated herein, nothing in this agreement confers any rights on any person (other than the parties hereto) pursuant to the Contracts (rights of third parties) Act 1999.
10.5 The waiver by DES of any breach or failure to enforce any of the terms and conditions of this agreement at any time shall not in any way affect, limit or waive DES' rights thereafter to enforce and compel strict compliance with every term and condition of this agreement.
11. ADDITIONAL RIGHTS FOR CONSUMERS
The following provisions are applicable if you are purchasing the products as a consumer and by means of a distance contract. For the purpose of this clause "consumer" and "distance contract" shall have the same meaning as set out in the Consumer Protection (Distance Selling) regulations 2000.
11.1 The price paid for the products includes the cost of delivering the same to you and all applicable taxes.
11.2 The price must be paid in full before the products are despatched to you. DES will use its reasonable endeavours to deliver the products to you within 14 days from the date of payment.
11.3 Notwithstanding anything to the contrary in this agreement, you have the right to cancel this agreement at anytime within 7 working days from the date you receive the products. Should you exercise your right to cancel pursuant to this clause you should immediately return the products unused, undamaged and fully intact by recorded delivery to DES (at the address set out at in clause 1.1 ("DES") of this agreement). You are responsible for the cost of returning any products no longer required pursuant to this clause. DES will refund any monies paid by you to DES within 14 days of receipt of the products in accordance with this clause (or within 30 days from the date of such cancellation whichever is the earlier).
11.4 If you have any complaints about the products or DES these should be reported in writing to:
Quality Manager
Data Encryption Systems Limited
Silver Street House
Silver Street
Taunton
Somerset, UK
TA1 3DL
11.5 DES gives no guarantees, warranties or after sales service other than as set out in this agreement.
11.6 Nothing in this agreement will affect the statutory rights of a consumer in 'consumer transactions' under any applicable statute.
