ElcomSoft Co.Ltd.
Software License Agreement
NOTICE TO USERS:
This End User License Agreement (the "Agreement") is a legally binding
agreement between you (either an individual or an entity, the "User"), and
ElcomSoft Co. Ltd. (ELCOMSOFT) regarding the ElcomSoft's software (the
"Software" or the" Program"), and b) all successor upgrades, revisions,
patches, fixes, modifications, copies, additions or maintenance releases
of the Software, if any, licensed to you by ElcomSoft (collectively, the
"Updates"), and c) related user documentation and explanatory materials or
files provided in written, "online" or electronic form (the
"Documentation" and together with the Software and Updates, the "PRODUCT"
or the "Distribution Package").
CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. USE OF THE PRODUCT PROVIDED
WITH THIS AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO
NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL AND/OR USE THE
PRODUCT. YOUR USE OF THE PRODUCT IS CONDITIONED UPON COMPLIANCE WITH THE
TERMS OF THIS AGREEMENT.
1. Intellectual property rights
The PRODUCT is owned and copyrighted by ELCOMSOFT.
The Software and any documentation included in the distribution package
are protected by national copyright laws and international treaties. Any
unauthorized use of the PRODUCT shall result in immediate and automatic
termination of this license and may result in criminal and/or civil
prosecution.
Your possession, installation or use of the PRODUCT does not transfer to
you any title to the intellectual property in the PRODUCT, and you will
not acquire any rights in the PRODUCT except as expressly set forth in
this Agreement.
2. Scope of the License
You are granted a non-exclusive license to use the PRODUCT as set forth
herein.
Anyone may use this PRODUCT (unregistered version) during a test period of
30 days. Following this test period of 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.
Once registered, the user is granted a non-exclusive license to use the
PRODUCT on one computer at a time (for every single-user license
purchased).
With the personal license, you can use the PRODUCT as set forth in the
Agreement for non-commercial purposes in non-business, non-commercial
environment. To use the PRODUCT in a corporate, government or business
environment, you should purchase a business license.
If you acquired the Site license, you may use the PRODUCT on unlimited
number of computers within one office in one geographic location.
The registered Software may not be rented or leased, but may be
permanently transferred together with the accompanying documentation, if
the person receiving it agrees to terms of this license. If the software
is an update, the transfer must include the update and all previous
versions.
You may not create any copy of the PRODUCT. You can make one (1) copy the
PRODUCT for backup and archival purposes, provided, however, that the
original and each copy is kept in your possession or control, and that
your use of the PRODUCT does not exceed that which is allowed in this
Agreement. If you permanently transfer the PRODUCT you shall delete all
its copies that are in your possession and send ELCOMSOFT a notice
thereof.
The Software 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 copyright holder.
You agree not modify, decompile, disassemble, otherwise reverse engineer
the licensed Program, unless such activity is expressly permitted by
applicable law.
3. Registration code
Registration code - a unique identification file provided to you by
ELCOMSOFT confirming the purchase of the license from ELCOMSOFT, which may
carry the information about the license and enable the full functionality
of the Program in accordance with the Agreement.
The Registration Code provided to you by ELCOMSOFT constitutes
confidential proprietary information of ELCOMSOFT. For purposes hereof,
you agree not to transfer, copy, disclose, provide or otherwise make
available such confidential information in any form to any third party
without the prior written consent of ELCOMSOFT. You agree to implement
reasonable security measures to protect such confidential information
provided to you by ELCOMSOFT.
4. Limited warranties
ELCOMSOFT DOES NOT WARRANT THAT THE SOFTWARE IS FIT FOR ANY PARTICULAR
PURPOSE. ELCOMSOFT DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE
SOFTWARE, EITHER EXPRESS OR IMPLIED. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO
YOU.
5. Legality statement (applicable to password recovery programs only)
The program that is licensed to you is absolutely legal and you can use it
provided that you are the legal owner of all files or data you are going
to recover through the use of our software or have permission from the
legitimate owner to perform these acts. Any illegal use of our software
will be solely your responsibility. Accordingly, you affirm that you have
the legal right to access all data, information and files that have been
hidden.
You further attest that the recovered data, passwords and/or files will
not be used for any illegal purpose. Be aware password recovery and the
subsequencial data decryption of unauthorized or otherwise illegally
obtained files may constitute theft or another wrongful action and may
result in your civil and (or) criminal prosecution.
6. Governing law and jurisdiction
This Agreement shall be governed by and construed and enforced in
accordance with the laws of the Russian Federation without reference to
conflicts of law rules and principles. This Agreement shall not be
governed by the United Nations Convention on Contracts for the
International Sale of Goods, the application of which is expressly
excluded.
7. Final provisions
All rights not expressly granted here are reserved by ELCOMSOFT.
Should you have any questions concerning this Agreement please contact us
at legal@elcomsoft.com.