DataSafe Copyright 1997 Revelation Labs, Inc. All Rights Reserved.
DATASAFE End User License Agreement
IMPORTANT: PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (THIS "AGREEMENT") CAREFULLY BEFORE YOU INSTALL OR USE ANY OF THE ACCOMPANYING SOFTWARE. BY DOWNLOADING AND INSTALLING THE DATASAFE SOFTWARE, YOU ACCEPT OF EACH OF THE TERMS OF THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THE TERMS OF THE AGREEMENT APPLY TO YOU AND TO ANY SUBSEQUENT LICENSEE OF THE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT INSTALL OR USE EITHER THE DATASAFE SOFTWARE AND MUST EITHER DESTROY OR RETURN ALL COPIES YOU MAY HAVE.
1. LICENSES CONCERNING THE DATASAFE DISTRIBUTION. The DATASAFE Software is licensed in DATASAFE SHAREWARE VERSION for use together with any other files accompanying this Agreement, whether on disk, in read only memory or any other media (collectively, the "DATASAFE Software").
DATASAFE Software is distributed in ".ZIP" versions, or as directories on one or more diskettes. Licenses to all versions are non-exclusive and solely for personal use in accordance with the provisions set forth in this Agreement. Although you may own the media on which all or any part of the DATASAFE Software is recorded, Revelation Labs Inc. retains the ownership of the DATASAFE Software and any copies made therefrom.
2. GRANT OF RIGHTS: DATASAFE SOFTWARE. Licensees of the DATASAFE version may:
LOAD and USE the DATASAFE Software for as long as you like solely for personal use.
COPY and DISTRIBUTE all of the DATASAFE SOFTWARE shareware version in the form in which it was distributed to you, or by making a complete copy of the directory generated by opening the ".ZIP" distribution. You may not distribute any part of the DATASAFE Software unless you deliver all of the files or the ".ZIP" distribution.
TERMINATE this Agreement by destroying the original and all copies of the DATASAFE Software in whatever form. All provisions concerning the protection of Revelation Labs Inc. interest in its proprietary software shall survive the termination of this Agreement.
Revelation Labs Inc. makes no commitment of any kind to support or otherwise assist in any use of the DATASAFE version.
4. LIMITATIONS ON ALL LICENSES. In any case, you may not:
--- Copy, alter, translate, decompile, disassemble, reverse engineer or otherwise create derivative works from any DATASAFE Software, including but not limited to, modifying the DATASAFE Software to make it operate on non-compatible hardware.
Remove, alter or otherwise modify or prevent the display of any copyright notices, startup messages or other notices that may be contained in any DATASAFE Software.
Export the DATASAFE Software or the product components in violation of any United States export laws. ALL LICENSE RIGHTS GRANTED TO YOU HEREUNDER TERMINATE IMMEDIATELY UPON YOUR FAILURE TO COMPLY WITH ANY OF THE TERMS AND PROVISIONS SET FORTH HEREIN.
5. RESERVATION OF RIGHTS. Revelation Labs Inc. reserves all right, title and interest in and to all and every portion of the DATASAFE Software, including the ownership of all copyrights, patents, trademarks and all other intellectual property rights subsisting in and to the foregoing, and all adaptations to and modifications created therefrom. Revelation Labs, Inc. retains all rights not expressly licensed under this Agreement. The DATASAFE Software, including any images, graphics, photographs, animation, video, audio, music, characters, props, and text incorporated therein is owned by Revelation Labs, Inc. or its suppliers and is protected by United States copyright laws and international treaty provisions.
6. DISCLAIMER OF WARRANTIES. You expressly acknowledge and agree that your use of the DATASAFE Software is at your sole risk. THE DATASAFE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND REVELATION LABS, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGMENT OF THIRD PARTY RIGHTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE DATASAFE SOFTWARE IS BORNE BY YOU. REVELATION LABS INC. SOFTWARE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE DATASAFE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE DATASAFE SOFTWARE
WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE DATASAFE SOFTWARE WILL BE CORRECTED. FURTHERMORE, REVELATION LABS INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE DATASAFE SOFTWARE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY REVELATION LABS, INC. OR A REVELATION LABS, INC. REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE DATASAFE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT REVELATION LABS, INC. OR A REVELATION LABS, INC. SOFTWARE REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
7. LIMITATION OF LIABILITY. THE SHAREWARE VERSION OF THE DATASAFE SOFTWARE IS BEING PROVIDED TO YOU FREE OF CHARGE. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL REVELATION LABS, INC. BE LIABLE UNDER ANY THEORY OR FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHER DAMAGES) ARISING OUT OF THE USE OF OR INABILITY TO USE THE DATASAFE SOFTWARE OR OTHERWISE RELATING TO THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS), EVEN IF REVELATION LABS INC. SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN THE CASE YOU ARE A LICENSEE OF THE DATASAFE VERSION, REVELATION LABS INC.'S SOLE OBLIGATION UNDER THIS AGREEMENT SHALL BE TO REPAIR OR REPLACE THE DATASAFE OR, AT REVELATION LABS INC.'S SOLE DISCRETION TO REFUND THE AMOUNT YOU PAID FOR SUCH LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU.
8. U.S. GOVERNMENT RESTRICTED RIGHTS. The DATASAFE Software product and documentation is provided with RESTRICTED RIGHTS. The use, duplication or disclosure by the Government is subject to restrictions as set forth in subdivision (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at 52.227-7013. The contractor/manufacturer of this software is Revelation Labs Inc., 4373 St. Petersburg Dr., Parma, Ohio, 44134
9. ARBITRATION OF DISPUTES. Except for claims seeking injunctive relief for the infringement or misappropriation of intellectual property rights, any controversy or claim arising out of or relating to this Agreement apart from controversies or claims seeking injunctive relief shall be settled by arbitration in accordance with the rules of the American Arbitration Association then in force and effect. The arbitration, including the rendering of an award, shall take place in Cuyahoga County, Ohio. The arbitrator or arbitrators shall apply the substantive law of the State of Ohio. Judgment on the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof.
10. GENERAL PROVISIONS. This Agreement constitutes the entire agreement between you and Revelation Labs Inc. regarding the DATASAFE Software, and supersedes any prior representations, understandings and agreements, either oral or written. No amendment to or modification of this Agreement will be binding unless in writing and signed by Revelation Labs Inc. Software. This Agreement shall be governed under the laws of the State of Ohio. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.
THIS RELEASE SHOULD BE CONSIDERED A BETA RELEASE. THIS PACKAGE IS COPYRIGHT SHAREWARE. NO RESPONSIBILITY IS TAKEN FOR ANY DAMAGE OR LOSSES CAUSED BY THIS PROGRAM. THIS PROGRAM AND ASSOCIATED UTILITIES ARE DISTRIBUTED AS IS, WITHOUT SUPPORT. THIS PROGRAM AND ITS ASSOCIATED UTILITIES MAY NOT BE SOLD, OR DISTRIBUTED FOR ANY COMMERCIAL PURPOSES,WITHOUT PRIOR WRITTEN APPROVAL FROM REVELATION LABS, Inc.
THIS PRODUCT, DUE TO UNITED STATES ENCRYPTION EXPORT REGULATIONS WILL NOT BE TRANSPORTED, EITHER PHYSICALLY OR ELECTRONICALLY, OUT OF THE UNITED STATES.
