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.
