Software License Agreement
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE OBJECTIVEFS SOFTWARE. BY USING THE OBJECTIVEFS SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE OBJECTIVEFS SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND.
IMPORTANT NOTE: This software requires the use of a user-supplied passphrase (the “Key”) to access stored data, without the Key all stored data is irretrievably lost. You acknowledge that failure to store the Key safely and to backup any important data can lead to catastrophic data loss.
The ObjectiveFS software and any related documentation, on disk, in read only memory, or on any other media (collectively, the “ObjectiveFS Software”) are licensed, not sold, to you by Objective Security Corporation (“Objective Security”) for use only under the terms of this License, and Objective Security reserves all rights not expressly granted to you. The licenses granted herein are limited to Objective Security’s and its licensors’ intellectual property rights in the ObjectiveFS Software as licensed hereunder and do not include any other patents or intellectual property rights. You own the media on which the ObjectiveFS Software is recorded but Objective Security and/or Objective Security’s licensor(s) retain title to the ObjectiveFS Software. The ObjectiveFS Software in this package and any copies that this License authorizes you to make are subject to this License. The terms of this License will govern any software upgrades provided by Objective Security that replace and/or supplement the original ObjectiveFS Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
2. Permitted License Uses and Restrictions
a. This License allows you to install and copy the ObjectiveFS Software for use on an unlimited number of Objective Security compatible computers, while subscribed. You will need to review the System Requirements on the ObjectiveFS website for the specific versions of operating systems supported by the ObjectiveFS Software and for specific requirements of an “Objective Security compatible computer”. You may make one copy of the ObjectiveFS Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the origina
b. You may only use the ObjectiveFS Software to access storage designated in your subscription.
c. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the ObjectiveFS Software or any part thereof. THE OBJECTIVEFS SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE OBJECTIVEFS SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
You may not rent, lease, lend, redistribute or sublicense the ObjectiveFS Software.
Academic Copies: If the ObjectiveFS Software package has an academic label or if you acquired the ObjectiveFS Software at an academic discount, you must be an Eligible Educational End User to use the ObjectiveFS Software. “Eligible Educational End Users” means students, faculty, staff and administration attending and/or working at an educational institutional facility (i.e., college campus, public or private K-12 schools).
4. Consent to Use of Data
You agree that Objective Security and its subsidiaries may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the ObjectiveFS Software. Objective Security may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
This License is effective until terminated. Your rights under this License will terminate automatically without notice from Objective Security if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the ObjectiveFS Software and destroy all copies, full or partial, of the ObjectiveFS Software.
6. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE OBJECTIVEFS SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OBJECTIVEFS SOFTWARE IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND OBJECTIVE SECURITY AND OBJECTIVE SECURITY’S LICENSORS (COLLECTIVELY REFERRED TO AS “OBJECTIVE SECURITY” FOR THE PURPOSES OF SECTIONS 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE OBJECTIVEFS SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. OBJECTIVE SECURITY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE OBJECTIVEFS SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE OBJECTIVEFS SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE OBJECTIVEFS SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE OBJECTIVEFS SOFTWARE WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR THAT DEFECTS IN THE OBJECTIVEFS SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OBJECTIVE SECURITY OR AN OBJECTIVE SECURITY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE OBJECTIVEFS SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
7. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL OBJECTIVE SECURITY BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE OBJECTIVEFS SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF OBJECTIVE SECURITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Objective Security’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
8. Export Control
Licensee may not use or otherwise export or reexport the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Software, Licensee represents and warrants that Licensee is not located in any such country or on any such list.
9. Government End Users
The ObjectiveFS Software and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
10. Controlling Law and Severability.
This License will be governed by and construed in accordance with the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
11. Complete Agreement; Governing Language
This License constitutes the entire agreement between the parties with respect to the use of the ObjectiveFS Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Objective Security.
If you have any questions about this License or our web site, please feel free to contact us from here.