Term and conditions of use



Please read and accept the following terms and conditions to continue

	YOUR RIGHT TO USE THIS PRODUCT IS SUBJECT TO THE TERMS SET OUT 
	BELOW. BY USING THIS PRODUCT YOU ARE ACCEPTING THESE TERMS.
	
	1. DEFINITIONS
	
	1.1 In this Agreement the following words have the corresponding meanings:
	
	"Agreement"
		this licence agreement;
	
	"DES"   
		Data Encryption Systems Limited (Co No. 1934623) of Silver Street House,
		Silver Street, Taunton, Somerset TA1 3DL England;
	
	"Distributor"   
		any third party authorised by DES to licence the Products to third
		parties on behalf of DES;
	
	"Documentation"
		the user manual and any other documentation supplied as part of the
		Software help system;
	
	"Information"
		any information or data encrypted or decrypted using the Software
		and/or the 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
		USB Hardware and Documentation in accordance with the terms of the Agreement;
	
	"Products"
		the software, the USB Hardware and the Documentation;
	
	"Software"
		the software entitled DESlock+ used for the encryption and decryption
		of electronic data.
	
	"Specific Rights"
		the registered trademarks DESlock, DESlock+, DESKey. UK 2378539,
		US 7,099,478, US 7,471,796, EU 1423765, RU 2273959, PCT/GB02/03877.
		Other foreign patent applications pending.
	
	"USB Hardware"  
		the USB hardware device for use with the Software;
	
	"Qualifying Personal User"
		A person using the Software solely in a personal capacity for personal data,
		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
	
	2. In consideration of you agreeing and adhering to the terms of this Agreement,
	   DES grant you a Licence
		
	2.1 Qualifying personal users as defined in this Agreement may use the Software
		without the USB Hardware by way of a Software Key-File available from DES
	
	2.2 Corporate users as defined in this Agreement are NOT permitted to use the
		Software free of charge other than for initial 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 USB hardware or Software
		Key-File;
	
	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 [2002] - All Rights Reserved
	
	3.3 use the 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 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 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, Software Key-File
		or 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 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
		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 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 initial use the USB Hardware; 
	
	7.2.3 you should keep a safe record of any passwords or other information used for
		  setting up and using the Software, you should also make back up copies of all
		  Encryption Keys, Key-Files and other data generated and stored within the
		  primary USB Hardware key either to other storage media or to a secondary back
		  up USB Hardware Key or to a secondary Master USB Hardware Key held by an
		  administrator;
	
	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) wheresoever and howsoever 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 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 USB Hardware.
	
	7.2.9 It is your responsibility to keep safe records of any passwords and other
		  information used for setting up and using the Software it is also your responsibility
		  to make back up copies of all Encryption Keys, Key-Files and other data generated
		  and stored within the primary USB Hardware key. 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,
		  Key-Files and other data generated or stored during use of the Software.
	
	8. 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 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 
		 TA1 3DL 
		 England
	
	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.