End User License Agreement
FILE SECURE PRO ® VIEWER ("Software")
READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY. BY INSTALLING, DOWNLOADING, ACCESSING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE TERMS, PROMPTLY DELETE THE SOFTWARE.
LICENSE.
OBI Group grants you a non-exclusive and non-transferable license for the use only of the accompanying File Secure Pro Viewer software and documentation and any error corrections provided by OBI Group (collectively "Software"), by the number of users and the class of computer hardware for which the corresponding fee has been paid. You agree to defend and indemnify OBI Group and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software.
OWNERSHIP.
Title to Software and all associated intellectual property rights is retained by File-Secure, Inc. and/or its licensors. OBI Group disclaims any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark, logo or trade name of OBI Group or its licensors is granted under this Agreement. The terms and conditions of this Agreement will be applied to any and all upgrades.
RESTRICTIONS.
Software contains proprietary information and trade secrets belonging to File-Secure, Inc. This Software is protected by intellectual propery laws, copyright laws and international copyright treaties. The Software is not for resale. You may not use the Software in an unlawful manner or for unlawful purposes. Licensee may not: (a) modify, adapt, decompile, disassemble, or reverse engineer the Software; (b) create derivative works (as defined in the United States Copyright Act, 17 USC ยง101) based on the Software; (c) use, evaluate or view the Software for purpose of designing, modifying, or otherwise creating any software program, in whole or in part, which performs functions similar to the functions performed by the Software.
SOURCE CODE.
Any distribution, resell, publishing of the source code is strictly prohibited. All image, music, and animation files used in the source code cannot be re-distributed separately in any other format. You are prohibited from disassembling, decompiling, reverse engineering, or otherwise attempting to discover any source code (or other underlying data) of the object code, to the extent such prohibition is allowed by local law.
LIMITED WARRANTY.
Software is provided "AS IS".
DISCLAIMER OF WARRANTY.
UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
LIMITATION OF LIABILITY.
UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
LIMITATION OF LIABILITY.
YOU EXPRESSLY AGREE THAT USE OF THIS SOFTWARE IS AT YOUR SOLE RISK. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL FILE SECURE OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE OR DATA LOSS, OR ANY PROBLEM OR DAMAGE ARISING FROM ACCESSING OR USING PROTECTED FILES, EVEN IF OBI GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OBI GROUP'S LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR SOFTWARE UNDER THIS AGREEMENT. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE.
TERMINATION.
This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from File-Secure, Inc. if you fail to comply with any provision of this Agreement. OBI Group may terminate this Agreement at any time, without prior notice, and for no or any reason with or without cause. Upon Termination, you must destroy all copies of Software.
TERMINATION FOR INFRINGEMENT.
Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right.
GOVERNING LAW.
Any action related to this Agreement will be governed by New York law. No choice of law rules of any jurisdiction will apply.
SEVERABILITY.
If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
INTEGRATION.
This Agreement is the entire agreement between you and OBI Group relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
INSTALLATION.
The Limited Warranty, Disclaimer of Warranties and the Limitation of Liabilities section apply to any and all installation services purchased.
USER PRIVACY.
File Secure Pro is designed to monitor and control usage of it's protected documents. To do this, it must transmit minimal, non-sensitive data that pertains to the use, tracking and control of the protected file.
During registration, it also transmits some personal data. This personal data can consist of 1) your IP Address, and 2) additional information that you submit when registering a protected file. The additional information required to register a file is established by the author/publisher of the file, and can consist of any, or all of the following: First name, last name, email, street address, city, state, zip code, phone number.
This data is securely transmitted to the File Secure server database for use only by the author/publisher of the protected document.
FILE SECURE PRO APPLICATIONS DO NOT SECRETLY MONITOR, TRANSMIT OR STORE INFORMATION ABOUT THE WEBSITES YOU VISIT. IT DOES NOT LOG YOUR PRIVATE USERNAMES OR PASSWORDS AND DOES NOT RELAY ANY PRIVATE INFORMATION ABOUT YOUR INTERNET ACTIVITY.
REMOVING APPLICATION.
To uninstall the Viewer, go to your Windows Control Panel, and choose ADD/REMOVE PROGRAMS. Then just select File Secure Pro Viewer. Note, if you uninstall the application, you will no longer be able to view files protected by the File Secure Pro system.
COPYRIGHT.
Software Copyright (c) 2001-2010 OBI Group All rights reserved. Portions of this Software Copyright 2005 Glyph & Cog, LLC.
CONTACT.
All communications regarding this agreement shall be directed to: File-Secure, Inc, 51 MacDougal St., Suite 147. New York, NY 10012. E-mail: support@file-secure.com.