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GEAR BOX COMPUTERS SOFTWARE
LICENSE AGREEMENT
FolderVault 2.0
IMPORTANT:
PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT
CAREFULLY BEFORE USING THE SOFTWARE. GEAR BOX COMPUTERS IS
WILLING TO LICENSE THE SOFTWARE TO YOU AS THE INDIVIDUAL, THE
COMPANY, OR THE LEGAL ENTITY THAT WILL BE UTILIZING THE SOFTWARE
(REFERENCED BELOW AS "YOU" OR "YOUR") ONLY ON THE CONDITION THAT
YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT. THIS
IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND GEAR BOX
COMPUTERS. BY OPENING THIS PACKAGE, BREAKING THE SEAL,
CLICKING THE "ACCEPT" OR "YES" BUTTON OR OTHERWISE INDICATING
ASSENT ELECTRONICALLY, OR LOADING THE SOFTWARE, YOU AGREE TO THE
TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE
TO THESE TERMS AND CONDITIONS, CLICK THE "I DO NOT ACCEPT" OR "NO"
BUTTON OR OTHERWISE INDICATE REFUSAL, MAKE NO FURTHER USE OF THE
SOFTWARE, AND CONTACT GEAR BOX COMPUTERS CUSTOMER SUPPORT FOR
INFORMATION ON HOW TO OBTAIN A REFUND OF THE MONEY YOU PAID FOR THE
SOFTWARE (LESS SHIPPING, HANDLING, AND ANY APPLICABLE TAXES EXCEPT
IN CERTAIN STATES AND COUNTRIES WHERE SHIPPING, HANDLING, AND TAXES
ARE REFUNDABLE) AT ANY TIME DURING THE THIRTY (30) DAY PERIOD
FOLLOWING THE DATE OF PURCHASE.
1.
License:
The software and documentation that accompanies this license
(collectively the "Software") is the property of Gear Box
Computers, or its licensors, and is protected by copyright
law. While Gear Box Computers continues to own the Software,
You will have certain rights to use the Software after Your
acceptance of this license. This license governs any
releases, revisions, or enhancements to the Software that Gear Box
Computers may furnish to You. Except as may be modified by a
Gear Box Computers license certificate, license coupon, or
license key (each a "License Module") that accompanies, precedes,
or follows this license, Your rights and obligations with respect
to the use of this Software are as follows.
You
may:
A. use one copy of the Software on up to two seperate
computers.
B. make one copy of the Software for archival purposes, or copy the
Software onto the hard disk of Your computer and retain the
original for archival purposes;
C. use the Software on a network, provided that You have a licensed
copy of the Software for each computer that can access the Software
over that network;
D. after written notice to Gear Box Computers, transfer the
Software on a permanent basis to another person or entity, provided
that You retain no copies of the Software and the transferee agrees
to the terms of this license; and
E. use the Software in accordance with any additional permitted
uses set forth below.
You may
not:
A. copy the printed documentation that accompanies the
Software;
B. sublicense, rent, or lease any portion of the Software; reverse
engineer, decompile, disassemble, modify, translate, make any
attempt to discover the source code of the Software, or create
derivative works from the Software;
C. use the Software as part of a facility management, timesharing,
service provider, or service bureau arrangement;
D. use a previous version or copy of the Software after You have
received and installed a disk replacement set or an upgraded
version. Upon upgrading the Software, all copies of the prior
version must be destroyed;
E. use a later version of the Software than is provided herewith
unless You have purchased upgrade insurance or have otherwise
separately acquired the right to use such later version;
F. use, if You received the software distributed on media
containing multiple Gear Box Computers products, any Gear Box
Computers software on the media for which You have not received a
permission in a License Module;
G. use the Software in any manner not authorized by this license;
nor
H. use the Software in any manner that contradicts any additional
restrictions set forth below.
2. Content
Updates:
Certain Software utilize content that is updated from time to
time. You shall have the right to obtain Content Updates for
any period for which You have purchased maintenance, except for
those Content Updates that Gear Box Computers elects to make
available by separate paid subscription, or for any period for
which You have otherwise separately acquired the right to obtain
Content Updates. Gear Box Computers reserves the right to
designate specified Content Updates as requiring purchase of a
separate subscription at any time and without notice to You;
provided, however, that if You purchase maintenance hereunder that
includes particular Content Updates on the date of purchase, You
will not have to pay an additional fee to continue receiving such
Content Updates through the term of such maintenance even if Gear
Box Computers designates such Content Updates as requiring separate
purchase. This License does not otherwise permit the licensee to
obtain and use Content Updates.
3. Product
Installation and Required Activation:
There are technological measures in this Software that are designed
to prevent unlicensed or illegal use of the Software. You
agree that Gear Box Computers may use these measures to protect
Gear Box Computers against software piracy. This Software may
contain enforcement technology that limits the ability to install
and uninstall the Software on a computer to not more than a finite
number of times for a finite number of computers. This
License and the Software containing enforcement technology require
activation as further set forth in the documentation. The
Software will only operate for a finite period of time prior to
Software activation by You. During activation, You will
provide Your unique product key accompanying the Software and
computer configuration in the form of an alphanumeric code over the
Internet to verify the authenticity of the Software. If You
do not complete the activation within the finite period of time set
forth in the documentation, or as prompted by the Software, the
Software will cease to function until activation is complete, which
will restore Software functionality. In the event that You
are not able to activate the Software over the Internet, or through
any other method specified during the activation process, You may
contact Gear Box Computers Customer Support using the information
provided by Gear Box Computers during activation, or as may be set
forth in the documentation.
4. Thirty (30) Day
Money Back Guarantee:
If You are the original licensee of this copy of the Software and
are not completely satisfied with it for any reason, please contact
Gear Box Computers Customer Service for a refund of the money You
paid for the Software (less shipping, handling, and any applicable
taxes except in certain states and countries where shipping,
handling and taxes are refundable) at any time during the THIRTY
(30) day period following the date of purchase.
5. Limited
Warranty:
Gear Box Computers warrants that the media on which the Software is
distributed will be free from defects for a period of thirty (30)
days from the date of delivery of the Software to You. Your sole
remedy in the event of a breach of this warranty will be that Gear
Box Computers will, at its option, replace any defective media
returned to Gear Box Computers within the warranty period or refund
the money You paid for the Software. Gear Box Computers does
not warrant that the Software will meet Your requirements or that
operation of the Software will be uninterrupted or that the
Software will be error-free.
TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, THE ABOVE WARRANTY IS EXCLUSIVE
AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED,
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY
RIGHTS. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU
MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE AND COUNTRY
TO COUNTRY.
6. Disclaimer
of Damages:
SOME STATES AND COUNTRIES, INCLUDING MEMBER COUNTRIES OF
THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU.
TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY
REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT
WILL GEAR BOX COMPUTERS OR ITS LICENSORS BE LIABLE TO YOU FOR ANY
SPECIAL, CONSEQUENTIAL, INDIRECT, OR SIMILAR DAMAGES, INCLUDING ANY
LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO
USE THE SOFTWARE EVEN IF GEAR BOX COMPUTERS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
IN NO CASE SHALL
GEAR BOX COMPUTERS OR ITS LICENSORS' LIABILITY EXCEED THE PURCHASE
PRICE FOR THE SOFTWARE. The disclaimers and limitations set
forth above will apply regardless of whether You accept the
Software.
7. U.S. Government
Restricted Rights:
RESTRICTED RIGHTS LEGEND. All Gear Box Computers products and
documentation are commercial in nature. The software and
software documentation are "Commercial Items," as that term is
defined in 48 C.F.R. section 2.101, consisting of "Commercial
Computer Software" and "Commercial Computer Software
Documentation," as such terms are defined in 48 C.F.R. section
252.227-7014(a)(5) and 48 C.F.R. section 252.227-7014(a)(1), and
used in 48 C.F.R. section 12.212 and 48 C.F.R. section 227.7202, as
applicable. Consistent with 48 C.F.R. section 12.212, 48
C.F.R. section 252.227-7015, 48 C.F.R. section 227.7202 through
227.7202-4, 48 C.F.R. section 52.227-14, and other relevant
sections of the Code of Federal Regulations, as applicable, Gear
Box Computers's computer software and computer software
documentation are licensed to United States Government end users
with only those rights as granted to all other end users, according
to the terms and conditions contained in this license
agreement. Manufacturer is Gear Box Computers, 18324 Sheldon
Road, Brook Park, OH 44142
8. Export
Regulation:
Certain Gear Box Computers products are subject to export controls
by the U.S. Department of Commerce (DOC), under the Export
Administration Regulations (EAR) (see www.bxa.doc.gov). Violation
of U.S. law is strictly prohibited. You agree to comply with the
requirements of the EAR and all applicable international, national,
state, regional and local laws, and regulations, including any
applicable import and use restrictions. Gear Box Computers
products are currently prohibited for export or re-export to Cuba,
North Korea, Iran, Iraq, Libya, Syria and Sudan or to any country
subject to applicable trade sanctions. You agree not to
export, or re-export, directly or indirectly, any product to any
country outlined in the EAR, nor to any person or entity on the DOC
Denied Persons, Entities and Unverified Lists, the U.S. Department
of State's Debarred List, or on the U.S. Department of Treasury's
lists of Specially Designated Nationals, Specially Designated
Narcotics Traffickers, or Specially Designated Terrorists.
Furthermore, You agree not to export, or re-export, Gear Box
Computers products to any military entity not approved under the
EAR, or to any other entity for any military purpose, nor will You
sell any Gear Box Computers product for use in connection with
chemical, biological, or nuclear weapons or missiles capable of
delivering such weapons.
9.
General:
If You are located in North America or Latin America, this
Agreement will be governed by the laws of the State of Ohio, United
States of America. Otherwise, this Agreement will be governed by
the laws of England and Wales. This Agreement and any related
License Module is the entire agreement between You and Gear Box
Computers relating to the Software and: (i) supersedes all
prior or contemporaneous oral or written communications, proposals,
and representations with respect to its subject matter; and (ii)
prevails over any conflicting or additional terms of any quote,
order, acknowledgment, or similar communications between the
parties. This Agreement shall terminate upon Your breach of any
term contained herein and You shall cease use of and destroy all
copies of the Software. The disclaimers of warranties and
damages and limitations on liability shall survive
termination. This Agreement may only be modified by a License
Module that accompanies this license or by a written document that
has been signed by both You and Gear Box Computers. Should
You have any questions concerning this Agreement, or if You desire
to contact Gear Box Computers for any reason, please write to: (i)
Gear Box Computers Customer Service, 18324 Sheldon Road, Brook
Park, OH U.S.A
Windows® is a registered
trademark of Microsoft Corporation.
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