Dekart Private Disk 2.09

EULA - End User License Agreement

Dekart.
http://www.dekart.com
END-USER SOFTWARE LICENSE AGREEMENT

IMPORTANT: THIS END-USER SOFTWARE LICENSE AGREEMENT ("AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND DEKART. ("DEKART") FOR THE SOFTWARE IDENTIFIED ABOVE. BY INSTALLING, COPYING, OR OTHERWISE USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF ANY OF THE TERMS AND CONDITIONS ARE NOT ACCEPTABLE TO YOU, DO NOT USE THE SOFTWARE; INSTEAD, RETURN THE PACKAGE TO THE COMPANY FROM WHICH YOU RECEIVED IT AND YOU WILL RECEIVE A FULL REFUND IF YOU: (A) DO NOT USE THE SOFTWARE AND (B) RETURN IT WITH PROOF OF PAYMENT WITHIN THIRTY (30) DAYS OF THE PURCHASE DATE.

1. DEFINITIONS. "Software" means (a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to (i) Dekart or third party computer information or software; (ii) related explanatory written materials or files ("Documentation"); and (iii) fonts; and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by Dekart (collectively, "Updates"). "Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation. "Dekart" means Dekart., having its legal address at Alba Iulia 75, Chisinau, MD 2071, Moldova, and / or its affiliates/branches.

2. GRANT OF LICENSE. As long as you comply with the terms of this Agreement, Dekart grants to You a non-exclusive, non-transferable right for Your internal use to Use the Software in a quantity necessary for its intended purposes described in the Documentation. The Software may include or be bundled with other software programs licenses under different terms and/or licensed by a vendor other than Dekart. Use of any software programs accompanied by a separate license agreement is governed by that separate license agreement. Any third party software that may be provided with the Software is included for use at Your option. Dekart is not responsible for any third party's software and shall have no liability for Your use of third party software.

2.1. With the STANDARD SINGLE-USER License Dekart grants you with the right to use the accompanying Dekart Software and any of its updates that you may receive on a single terminal connected to a single computer (i.e., with a single CPU). You may, however, install the Software on more than one computer provided you do not operate the Software on more than one computer or computer terminal at a time. In case the user needs to deploy the purchased software on several computers simultaneously another license has to be purchased, namely Multi-User License or the user may alternatively select to have a separate license key per each terminal.

2.2. MULTI-USER, NETWORK LICENSE. You may use the Software on a network only if a separate copy of the Software has been licensed from Dekart for each terminal and/or CPU capable of executing the Software. Otherwise, if you desire to use the Software on a network or multi-user system, or to install the Software on multiple single-user CPUs, you must first obtain written multi-user authorization (a "Multi-user License"are provided on and "AS IS" basis and are not warranted by Dekart. Any warranty service for non-Dekart products is provided by the product vendor in accordance with the applicable vendor warranty.

6. LIMITED WARRANTY. Dekart warrants to You that for ninety (90) days from date of purchase (the "Warranty Period): (a) the media on which the Software is stored will be free of defects; (b) the Software will substantially conform to the Documentation accompanying the Software. If the defective item(s) are returned to Dekart or if You send an error report(s) to Dekart within the Warranty Period, Dekart will at its sole discretion either resolve the problem(s), or replace the Software, or refund the license fees You paid for the Software. Any misuse or unauthorized modification of the Software voids this warranty. The warranty referenced above is Your sole and exclusive remedy and is in lieu of all other warranties, express or implied. The warranty referenced above does not apply to Software provided free of charge. Such Software is provided "AS IS" without any warranties of any kind. The Software is not designed, manufactured or intended for use of distribution with on-line control equipment in hazardous environments requiring fail-safe performance. Such as in the operation of nuclear facilities, aircraft navigation, communication, or control systems, direct life support machines, weapons systems, or other uses in which failure of the software could lead directly to death, personal injury, or serve physical or environment damage.

7. LIMITATION OF LIABILITY. IN NO EVENT WILL DEKART BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN DEKART REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE LIMITATIONS AND EXCLUSIONS REFERENCED ABOVE APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. DEKART'S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. The above exclusions and limitations will not apply to claims relating to death or personal injury. In those jurisdictions that do not allow the exclusion or limitations damages, Dekart's liability shall be limited or excluded to the maximum extent allowed within those jurisdictions.

8. EXPORT RESTRICTION. You will comply fully with all applicable laws and regulations of United States and other countries ("Export Laws") to assure that Software is not: (a) exported, directly or indirectly, in violation of Export Laws; or (b) used for any purpose prohibited by Export Laws.

9. GOVERNING LAW. Any use of the program which is illegal under international or local law is forbidden by this license. Any such action is the sole responsibility of the person committing the action.

10. TERM. This Agreement becomes effective on the date You legally acquire the Software and will automatically terminate if You breach any of its terms. Upon termination of this Agreement, You must destroy the original and all copies of the Software or return them to Dekart and delete the Software from Your system(s).

11. NO SPYWARE. The Dekart software does not contain spyware of any kind. It does not install any tracking software on your system, or collect personal information about you and your browsing habits. Dekart software does not "spy" on other programs you run or web sites you visit. We also don't serve monitor usage or serve ads from the client software. The Dekart software does not come bundled with any third party software.

12. ROOT CERTIFICATE INSTALLATION. In order to offer our users a secure connection environment a root CA certificate is installed into the Trusted Root Certificate Authorities store. Having this certificate installed the users can safely access our website via SSL/HTTPS connection protocols and send or receive any sensitive information (e.g. names, addresses, etc) without the threat for these data being seen. This allows our users to securely register their license keys at Dekart website, submit their support requests to Dekart and ensure the privacy of the information transmitted over the web. DEKART CERTIFICATE POLICY. We hold ourselves fully liable to our customers for the privacy of their personal information. You may rest assured that we will never, under any circumstances, voluntarily or willingly disclose any information to any third party. That is our guarantee to you.