END USER LICENSE AGREEMENT.docx

1、END USER LICENSE AGREEMENTEND USER LICENSE AGREEMENTNOTICE TO USER:THIS IS AN AGREEMENT GOVERNING YOUR USE OF ELCOMSOFT SOFTWARE, FURTHER DEFINED HEREIN AS “PRODUCT,” AND THE LICENSOR OF THE PRODUCT IS WILLING TO PROVIDE YOU WITH ACCESS TO THE PRODUCT ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE

2、 TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. BELOW, YOU ARE ASKED TO ACCEPT THIS AGREEMENT AND CONTINUE TO INSTALL OR, IF YOU DO NOT WISH TO ACCEPT THIS AGREEMENT, TO DECLINE THIS AGREEMENT, IN WHICH CASE YOU WILL NOT BE ABLE TO INSTALL OR OPERATE THE PRODUCT. BY INSTALLING THIS PRODUCT YOU AC

3、CEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. This Electronic End User License Agreement (the “Agreement”) is a legal agreement between you (either an individual or an entity), the licensee, and ElcomSoft Co. Ltd. and its affiliates (collectively, the “Licensor”), regarding the Licensors soft

4、ware, as applicable pursuant to a valid license, you are about to download and/or other related services, including without limitation a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided and including all forms of code, such as source code and

5、 object code, (the “Software”), b) all successor upgrades, modified versions, modified modules, revisions, patches, enhancements, fixes, modifications, copies, additions or maintenance releases of the Software, if any, licensed to you by the Licensor (collectively, the “Updates”), and c) related use

6、r documentation and explanatory materials or files provided in written, “online” or electronic form (the “Documentation” and together with the Software and Updates, the “Product”). You are subject to the terms and conditions of this End User License Agreement whether you access or obtain the Product

7、 directly from the Licensor, or through any other source. For purposes hereof, “you” means the individual person installing or using the Product on his or her own behalf; or, if the Product is being downloaded or installed on behalf of an organization, such as an employer, “you” means the organizati

8、on for which the Product is downloaded or installed, then the person accepting this agreement represents hereby that such organization has authorized such person to accept this agreement on the organizations behalf. For purposes hereof the term “organization,” without limitation, includes any partne

9、rship, limited liability company, corporation, association, joint stock company, trust, joint venture, labor organization, unincorporated organization, or governmental authority.By accessing, storing, loading, installing, executing, displaying, copying the Product into the memory of a Client Device,

10、 as defined below, or otherwise benefiting from using the functionality of the Product (“Operating”), you agree to be bound by the terms and conditions of this Agreement. If you do not agree to the terms and conditions of this Agreement, the Licensor is unwilling to license the Product to you. In su

11、ch event, you may not Operate or use the Product in any way.BEFORE YOU PUT A CHECKMARK AT THE “I ACCEPT THE AGREEMENT” BUTTON AND PRESS “NEXT,” PLEASE CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT, AS SUCH ACTIONS ARE A SYMBOL OF YOUR SIGNATURE AND BY CLICKING ON THE “I ACCEPT THE AGREEM

12、ENT” AND “NEXT” BUTTONS, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT AND AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE “CANCEL” BUTTON AND THE PRODUCT

13、 WILL NOT BE INSTALLED ON YOUR CLIENT DEVICE, AS SUCH TERM IS DEFINED BELOW. For your reference, you may refer to the copy of this Agreement that can be found in the Help for the Software. You may also receive a copy of this Agreement by contacting Licensor at: info. 1. Proprietary Rights and Non-Di

14、sclosure.1.1. Ownership Rights. You agree that the Product and the authorship, systems, ideas, methods of operation, documentation and other information contained in the Product, are proprietary intellectual properties and or the valuable trade secrets of the Licensor and are protected by civil and

15、criminal law, and by the law of copyright, trade secret, trademark and patent of the Russian federation, other countries and international treaties. You may use trademarks only insofar as to identify printed output produced by the Product in accordance with accepted trademark practice, including ide

16、ntification of trademark owners name. Such use of any trademark does not give you any rights of ownership in that trademark. The Licensor and its suppliers own and retain all right, title, and interest in and to the Product, including without limitations any error corrections, enhancements, Updates

17、or other modifications to the Software, whether made by Licensor or any third party, and all copyrights, patents, trade secret rights, trademarks, and other intellectual property rights therein. Your possession, installation or use of the Product does not transfer to you any title to the intellectua

18、l property in the Product, and you will not acquire any rights to the Product except as expressly set forth in this Agreement. All copies of the Product made hereunder must contain the same proprietary notices that appear on and in the Product. Except as stated herein, this Agreement does not grant

19、you any intellectual property rights in the Product and you acknowledge that the license granted under this Agreement only provides you with a right of limited use under the terms and conditions of this Agreement.1.2. Source Code and Modifications. You acknowledge that the source code for the Produc

20、t is proprietary to the Licensor and constitutes trade secrets of the Licensor. You agree not to modify, or create derivative works based upon the Product in whole or in part nor reverse engineer, decompile, disassemble the source code of the Product in any way.1.3. Registration Code File and Confid

21、ential Information. You agree that, unless otherwise specifically provided herein or agreed by the Licensor in writing, the Product, including the specific design and structure of individual programs and the Product, including without limitation the Registration Code File provided to you by the Lice

22、nsor and/or its authorized resellers or distributors, constitute confidential proprietary information of the Licensor. For purposes hereof, “Registration Code” shall mean a unique key identification file or a combination of unique electronic characters provided to you by the Licensor confirming the

23、purchase of the license from the Licensor, which may carry the information about the license and the number of permitted users, and enabling the full functionality of the Product in accordance with the license granted under this Agreement. You agree not to transfer, copy, disclose, provide or otherw

24、ise make available such confidential information in any form to any third party without the prior written consent of the Licensor. You agree to implement reasonable security measures to protect such confidential information, but without limitation to the foregoing, shall use best efforts to maintain

25、 the security of the Registration Code provided to you by the Licensor and/or its authorized resellers or distributors. 2. Grant of License.2.1. License. The Licensor grants you the following rights (“License”) and you hereby agree and accept such License: a). Trial Version. If you have received, do

26、wnloaded and/or installed a trial version of the Product and are hereby granted an evaluation license for the Software and you may Operate the Product only for evaluation purposes and only during the single applicable evaluation period of thirty (30) days, unless otherwise indicated, from the date o

27、f the initial installation. Following this test period of thirty (30) days or less, if you wish to continue to use the Product, you must register. To register you have to pay for the fully functional version. Upon payment we provide the Registration Code to you. Any use of the Product for other purp

28、oses or beyond the applicable evaluation period is strictly prohibited, provided however that, subject to the restrictions contained herein, you may copy and distribute a trial version of the Software without any modifications whatsoever to any third party subject to this Agreement and further provi

29、ded that you have no technical support rights during the trial period. The unregistered (trial) version may be freely distributed, provided that the distribution package is not modified. No person or company may charge a fee for the distribution of the Product without written permission from the cop

30、yright holder.b). Grant of License. Unless otherwise specifically indicated under a valid license (e.g. volume license) granted by the Licensor, once registered you are granted a non-exclusive and non-transferable license to install one (1) copy of the Product and during the term of your license, su

31、bject to the payment of the applicable fees and your compliance with the terms hereof, this Agreement permits you or any of your employees to Operate one copy of the specified version of the Product, for internal purposes only, on one computer, workstation, or other electronic device of which the so

32、ftware was designed (each a “Client Device”). If you have purchased multiple licenses for the Product, then the number of multiple licenses shall determine the number of copies of the Product you may have and the number of Client Devices on which you may Operate the Product. If the Product is licens

33、ed as a suite or bundle with more than one specified software product, this license applies to all such specified software products, subject to any restrictions or usage terms specified on the applicable price list or product packaging that apply to any of such software products individually. Additionally, Licensor reserves the right to provid