THIS SOFTWARE END USER LICENSE AGREEMENT (“AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU OR THE ENTITY FOR WHICH YOU ARE ACTING (“LICENSEE”) THAT WISHES TO DOWNLOAD OR USE THE SOFTWARE AND DATAVEIL TECHNOLOGIES PTY LTD (“DATAVEIL TECHNOLOGIES”).
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE DOWNLOADING OR USING THIS SOFTWARE. THIS AGREEMENT PROVIDES IMPORTANT INFORMATION CONCERNING THE SOFTWARE AND CONTAINS WARRANTY AND LIABILITY INFORMATION. BY USING THE SOFTWARE, YOU ARE ACCEPTING THE SOFTWARE “AS IS” AND AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE LEGALLY BOUND BY THIS AGREEMENT, DO NOT DOWNLOAD AND DO NOT USE THE SOFTWARE.
In this Agreement, unless inconsistent with the context:
(a) License File is a file that contains acceptable software operational parameters and activation and authentication codes.
(b) Software means the executable software and any associated files including License Files.
(c) Maintenance means the provision of bug fixes and updates in respect of the Software provided that the Maintenance Fee has been paid continuously since the Software was initially licensed.
1. TERMS OF LICENSE. This Agreement allows Licensee to use the Software in a manner consistent with the License File that has been delivered by DataVeil Technologies. License File parameters define the maximum number of concurrent users, the maximum number of masked values, the license term, the maintenance term and other details. Licensee is limited to install the Software on five (5) computers per licensed concurrent user at any given time. Each virtual computer instance is counted as one computer. If Licensee wishes to use the Software beyond the scope of these parameters then Licensee must contact DataVeil Technologies for another License File and DataVeil Technologies reserves the right to charge an additional License fee.
2. RESTRICTIONS ON USE. Licensee shall not make or distribute copies of the Software outside of its organization. Licensee shall not decompile, reverse engineer, disassemble, include in other software, or otherwise translate the Software. Licensee shall not modify, alter, change or otherwise make any modification to the Software or create derivative works based upon the Software. Licensee shall not rent, lease, resell, sublicense, assign, distribute or otherwise transfer the Software or this Agreement.
3. OWNERSHIP. This Agreement provides Licensee with limited rights to use the Software. DataVeil Technologies retains all ownership, right, title and interest in, to and of the Software and all copies of it. All rights not specifically granted in this Agreement, including domestic and international copyrights, are reserved by DataVeil Technologies.
4. PROPRIETARY MARKINGS. DataVeil Technologies’ logos, product names, manuals, documentation, and other support materials are either patented, copyrighted, trademarked, constitute valuable trade secrets (whether or not any portion of them may be copyrighted or patented) or are otherwise proprietary to DataVeil Technologies. Licensee shall not remove or obscure DataVeil Technologies’ copyright, trade mark or other proprietary notices from the Software or related materials.
5. DISCLAIMER OF WARRANTIES. The Software is provided to Licensee on an “as is” basis, without any warranty of any kind including, without limitation, any warranty or condition of merchantability, fitness for a particular purpose and non infringement. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to Licensee. Licensee may also have other legal rights which vary from jurisdiction to jurisdiction.
6. LIMITATION OF LIABILITY. DataVeil Technologies shall not be liable for any indirect, special, incidental or consequential damages or loss, including damages for loss of business, loss of profits, or the like. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so this limitation or exclusion may not apply to Licensee. This warranty gives Licensee specific legal rights, and Licensee may also have other rights which vary from jurisdiction to jurisdiction.
7. ACCOUNTS AND PASSWORDS. Licensee is responsible to maintain the confidentiality of its user account and password and shall be responsible for all uses whether authorized or unauthorized by Licensee. Licensee agrees to immediately notify DataVeil Technologies of any unauthorized use of Licensee’s user account or password.
8. MAINTENANCE FEE. Maintenance is optional. If Licensee wishes to have Maintenance then it must be started at the time of initial Software licensing. Maintenance cannot be paused or restarted. Licensee can discontinue Maintenance at any time.
9. DELIVERY. DataVeil Technologies shall deliver a License File to Licensee by placing it in Licensee’s account at dataveil.com after the applicable fees have been received in full by DataVeil Technologies.
10. LICENSE VALIDATION, VIOLATIONS AND REMEDIES. DataVeil Technologies reserves the right, and Licensee authorizes DataVeil Technologies, to gather data on License File usage including device IP addresses or other applicable device identifiers including MAC addresses and domain names and other information deemed relevant to ensure that the Software is being used in accordance with the terms of this Agreement. DataVeil Technologies reserves the right to remedy violations of any of the terms of this Agreement immediately upon discovery by any means necessary including canceling any License Files and remotely disabling the Software.
11. CONSENT TO USE OF DATA. Licensee agrees that DataVeil Technologies may collect and use technical usage data gathered from the operation of the Software in order to improve its products, technologies and services. DataVeil Technologies shall not disclose this information in a form that personally identifies Licensee. If Licensee prefers not to send such usage data then Licensee may change the parameter within the Software that is specifically designed to disable this reporting.
12. TERM AND TERMINATION. This Agreement is effective until terminated. Licensee may terminate this Agreement at any other time by destroying all complete and partial copies of the Software in Licensee’s possession. This Agreement and Licensee’s rights hereunder shall automatically terminate if Licensee fail to comply with any provision of this Agreement. Upon such termination, Licensee shall cease all use of the Software and delete the Software and destroy all copies of the Software and other materials related to the Software in Licensee’s possession or under Licensee’s control.
13. GENERAL PROVISIONS. This Agreement shall be governed by the laws of Victoria, Australia. This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. All questions, comments or concerns with respect to this Agreement shall be directed to DataVeil Technologies whose current contact information can be found at www.dataveil.com.