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- 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 or 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,
- Patent GB2378539, US Patent Application 10/085,163,
- International Patent Application PCT/GB2002/003877
- and European Patent Application 02751448.8.
-
- "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 organization which is involved in their
- personal training or education.
-
- "Corporate Users"
- Persons using the Software with information belonging to a business or
- any other organization of which the user is 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.
-
- 2. GRANT OF LICENCE AND DES OBLIGATIONS
-
- 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 free of charge 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 USB 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;
-
- 7.2.3 you should make back up copies of all Encryption Keys and Key-Files and other data
- generated and stored within a 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.
-
- 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 DESÆ 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:
-
- The 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.
-