
DEVICELOCK END USER LICENSE AGREEMENT

This End User License Agreement (the "Agreement") is a legally binding
agreement between you (either an individual or an entity, the "User"), and
DeviceLock, Inc. (hereinafter also referred to as the Licensor) regarding the
Licensor's software - DeviceLock (the "Software" or the" Program") 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 object code, and b) all successor upgrades,
revisions, patches, fixes, modifications, copies, additions or maintenance
releases of the Software, if any, licensed to you by DeviceLock, Inc.
(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"). 

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 organization 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 organization's
behalf.  

By accessing, downloading, installing, storing, loading, executing, displaying,
copying the Product into the memory of a Computer, as defined below, or
otherwise benefiting from using the functionality of the Product 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, Licensor is unwilling to license
the Product to you.  In such event, you may not use the Product in any way.

BEFORE YOU PRESS "I AGREE" BUTTON AND/ OR START OPERATING THE SOFTWARE 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 AGREE" BUTTON AND/OR BY
STARTING TO OPERATE THE PRODUCT, 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 DO
NOT START TO OPERATE THE PRODUCT AND THE PRODUCT WILL NOT BE INSTALLED ON YOUR
COMPUTER.


1. Intellectual property rights 

The PRODUCT is owned and copyrighted by DeviceLock, Inc. 

The Software and any documentation included in the Product are protected by
national copyright laws and international treaties.

You agree that the Product and systems, methods of operation and other
information contained in the Product constitute intellectual property of
DeviceLock, Inc. and are protected by civil and criminal law, and by the law
of copyright, commercial secret, trademark and other intellectual property laws
of the British Virgin Islands, other countries 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. 

You may use trademarks only insofar as to identify printed output produced by
the Product in accordance with accepted trademark practice, including
identification of trademark owner's name.  Such use of any trademark does not
give you any rights of ownership in that trademark. 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 or other
modifications to the Software, whether made by Licensor or any third party,
and all copyrights, commercial secret, trademarks, and other intellectual
property rights therein.

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 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 strictly under the terms and conditions of this
Agreement. 


2. Scope of the License. 

You are granted a non-exclusive license to use the PRODUCT as set forth herein.

2.1. Evaluation period.

Anyone may use this PRODUCT (unregistered version) during a test period of 30
days. 

You may use the trial version only for evaluation purposes and only during
the applicable evaluation period of 30 days, unless otherwise indicated, from
the date of the initial installation of the Product. 

Following this evaluation 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 key file to
you. Any use of the Product for other purposes or beyond the applicable
evaluation period is strictly prohibited. 

The Software unregistered (trial) version may be freely distributed provided
that the Product is not modified. No person or company may charge a fee for
the distribution of the PRODUCT without written permission from
DeviceLock, Inc. 

2.2. Registered licenses.

Single license

Single license gives the right to install and use the Product on one computer
only. In order to use the Product on several computers, the appropriate number
of Single licenses should be purchased.

For further details on technical features of the Product and certain types of
licenses refer to the Documentation.

2.3. The registered Software may not be rented or leased, or otherwise
distributed without prior written consent of DeviceLock, Inc. 

2.4. Back-up copy

You may not create any copy of the PRODUCT. You can make one (1) copy of
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 DeviceLock, Inc. a notice thereof.

2.5. Prohibition of reverse engineering 

You agree not modify, decompile, disassemble, otherwise reverse engineer
the licensed Program, unless such activity is expressly permitted by
applicable law. 

2.6. Modifications

You agree not to modify the Product in any manner, or create derivative works
based upon the Product in whole or in part unless such activity is expressly
permitted by the present Agreement. 


3. Registration key file 

3.1. Registration key file– a file provided to you by DeviceLock, Inc. and/or
its authorized resellers or distributors that contains a unique set of symbols,
confirms the purchase of the license from DeviceLock, Inc., contains
the information about the license and enables the full functionality of
the Program in accordance with the Agreement.  
 
3.2. The registration key file provided to you by DeviceLock, Inc. constitutes
confidential proprietary information of DeviceLock, Inc. 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 DeviceLock, Inc. You agree to implement reasonable security
measures to protect such confidential information provided to you by
DeviceLock, Inc. and use best efforts to maintain the security of the file
provided to you by the Licensor and/or its authorized resellers or
distributors.


4. Warranties and Disclaimers 

4.1. DeviceLock, Inc. warrants that for 90 days from the date of
the registration key file is provided to you by Licensor or its distributors
or resellers, the media on which the Product has been provided will be free
from defects in materials and workmanship and that the Software will perform
substantially in accordance with the Documentation or generally conform to
the Product's specifications published by Licensor. This limited warranty is
void if the defect has resulted from accident, abuse, or misapplication or
any modification of the Product, whether or not such modification is permitted
hereunder or from any use of the Product that is in violation of the rules set
forth in the Documentation.

4.2. DEVICELOCK, INC. DOES NOT WARRANT THAT THE SOFTWARE IS FIT FOR ANY
PARTICULAR PURPOSE.  LICENSOR DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT
TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED.

YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR SELECTION OF THE PRODUCT TO
ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND
RESULTS OBTAINED FROM THE PRODUCT INCLUDING BUT NOT LIMITED TO ANY DAMAGE THAT
CAN BE CAUSED TO YOUR HARD DRIVE OR LOSS OF ANY DATA.

4.3. Remedies

The Licensor and its resellers and distributors' entire liability and your
exclusive remedy for any breach of the foregoing warranty shall be at
the Licensor’s option: (i) return of the purchase price paid for the license,
if any, or (ii) replacement of the defective media in which the Product is
contained.  


5. Limited liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
THE LICENSOR OR ITS RESELLERS OR DISTRIBUTORS BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF DATA,
WORK STOPPAGE, HARDWARE OR SOFTWARE DISRUPTION IMPAIRMENT OR FAILURE) ARISING
OUT OF THE USE OR INABILITY TO USE THE PRODUCT, OR THE INCOMPATIBILITY OF
THE PRODUCT WITH ANY HARDWARE SOFTWARE OR USAGE, EVEN IF SUCH PARTIES HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

IN NO EVENT WILL LICENSOR'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE
OR MORE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE EXCEED
THE AMOUNT PAID BY YOU FOR THE PRODUCT.  


6. Technical support and updates.

6.1. Technical support is provided via email during the regular business
hours (GMT+ 03:00). Technical support is free for a period of one year after
the date of receipt of the registration key file. If you pay for new updates
after the expiration of the term set forth in 6.2 of the present agreement
you are also entitled to a new period of technical support.

6.2. Registered users are entitled to free updates for a period of one year
after the date of receipt of the registration key file. DeviceLock, Inc.
reserves the right to provide free updates for a longer period.

6.3. Provision of updates after the expiration of one-year period is
contingent upon payment of additional fee in accordance with the prices that
are indicated on the web site of Licensor www.devicelock.com

6.4. One-year period of free updates is not applicable to substantial updates.
Substantial updates are any enhancements or alterations that add substantially
new functions or features to the Product. Substantial updates are normally
provided by DeviceLock, Inc. only upon payment of additional fee by the user.
However DeviceLock, Inc. reserves the right to provide free substantial
updates in some cases.


7. Governing law and jurisdiction 

This Agreement shall be governed by and construed and enforced in accordance
with the laws of the British Virgin Islands 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.

The courts within the British Virgin Islands shall have exclusive jurisdiction
to adjudicate any dispute arising out of this Agreement.  You agree that this
Agreement is to be performed in the British Virgin Islands and that any action,
dispute, controversy, or claim that may be instituted based on this Agreement,
or arising out of or related to this Agreement or any alleged breach thereof,
shall be prosecuted exclusively in the courts of the British Virgin Islands
and you, to the extent permitted by applicable law, hereby waive the right to
change venue to any other state, county, district or jurisdiction. 


8. Miscellaneous. 

8.1. Severability

In the event of invalidity of any provision of this License Agreement,
the parties agree that such invalidity shall not affect the validity of
the remaining portions of this Agreement. 

8.2. Refund policy. 

The Product is marketed as TRY BEFORE BUY – DeviceLock, Inc. offers a trial
version for potential users for evaluation purposes. Therefore no refund is
possible for programs distributed electronically unless there are special
circumstances. 

8.3. Contact information

DeviceLock, Inc. reserves the right to amend this Agreement from time to time.

 



                                       Copyright(c) 1997-2008 DeviceLock, Inc.
                                                          All rights reserved.
                                         DeviceLock is a registered trademark.
