Auto File DRM Encryption Tool 5.2.5.4

EULA - End User License Agreement

IMPORTANT: READ CAREFULLY: This EaseFilter End User License Agreement
("EULA") is a legal agreement between you (either an individual or a single entity) and
EaseFilter for the materials accompanying this EULA, which may include computer
software, associated media, printed materials, and "on line" or electronic documentation
("Software") and source files, resource files, project and solution files ("Source Code") for
Software, collectively "the Product".
BY INSTALLING, DOWNLOADING, COPYING OR OTHERWISE USING THE
PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU
DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL, DOWNLOAD,
COPY OR USE THE PRODUCT.
PRODUCT LICENSE
The Product is protected by copyright laws and international copyright treaties, as well as other
intellectual property laws and treaties. EaseFilter or its suppliers own the title, copyright and
other intellectual property rights in The Product. The Product is licensed, not sold.
1. DEFINITIONS.
a. Application Programming Interface or API means a publicly accessible
interface defining the ways by which an application program may request services
from libraries and/or software.
b. Software as a Service or SaaS means a model of software deployment
whereby a provider licenses an application to customers for use as a service on
demand.
c. Software Development Kit or SDK means a set of development tools that
allows a software engineer to create applications for a certain software package,
software framework, hardware platform, computer system, video game console,
operating system, or similar platform.
d. Derived Works means works based upon or using the Product.
e. License means use of the Product.
f. Subscription means access to Software Updates.
2. GRANT OF LICENSE. EaseFilter grants you the rights described in this EULA
provided that you comply with all the terms and conditions of this EULA:
a. General Software License Grant. EaseFilter grants use of the Product according
to one of the license types below as identified in the Product title.
i. Evaluation License. An Evaluation license is a non-exclusive evaluation
license to use the Product for evaluation purposes only. With an
evaluation license the Product is fully functional except the results
produced will include an EaseFilter watermark or a feature limitation,
specified by the Product documentation. When using an evaluation
license the Product is strictly prohibited from being used in the production
of any Derived Works. Any violation of this provision shall require a
mandatory purchase of any required license, as well as expose the user to
other legal recourse for collection and punitive damages. If you do not
agree to these terms, do not evaluate the Product and remove it from your
computer immediately.
ii. In House Developer License. An In House Developer license licenses
one (1) developer to create an unlimited number of Derived Works using
the Product. One Developer license must be purchased for each developer
using the Product to create Derived Works An In House Developer license
allows deployment of any number of Derived Works, not including SaaS,
using the Product, to one (1) physical location.
iii. OEM Developer License. A OEM Developer license licenses one (1)
developer to create an unlimited number of Derived Works using the
Product. One OEM Developer license must be purchased for each
developer using the Product to create Derived Works. A OEM Developer
license allows royalty-free deployment of any number of Derived Works,
including SaaS, using the Product, to unlimited physical locations.
iv. Unlimited OEM License. A Unlimited OEM license licenses unlimited
developers to create an unlimited number of Derived Works using the
Product. A unlimited OEM license allows royalty-free deployment of any
number of Derived Works, including SaaS, using the Product, to unlimited
physical locations..
v. Source Code License. The Source Code License is not refundable. The
Source Code license grants to you nontransferable, nonexclusive, royalty-free
license to make and use copies of the Source Code and install such Source Code
on any number of your computers (i) for your internal use , (ii) to design,
develop and test your software products. You may not redistribute the Source
Code, or any component thereof, or not to any third party..
b. Documentation. With respect to electronic and other documentation, you may
make any number of copies (either in hard copy or electronic form) provided that
such copies shall be used only for internal purposes and are not republished or
distributed externally.
c. Disassembly. You may not reverse engineer, decompile, disassemble or in any
other way try to gain access to information regarding the construction of The
Software.
d. Reservation of Rights. EaseFilter reserves all rights not expressly granted herein.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
a. Derived Works and Redistribution
i. The Product may not be distributed in any form that allows it to be reused
by any application other than your derived work.
1. The Product may not be included as part of a SDK.
2. The Product may not be used to develop Derived Works that offer
similar functionality as the Product, or expose features of the
Product through an API for use by an unlicensed third party.
ii. The Product may not be used to develop Derived Works that offer similar
functionality as the Product for any development platform, including but
not limited to: .NET, Java, SQL Reporting Services, JasperReports,
SharePoint, Microsoft Dynamics, Microsoft Azure, Amazon Web Services
(AWS) or Google App Engine.
iii. For a period of one (1) year (365 days) from the date of purchase, you
agree not to create software, independent of the Product, which might
directly compete with EaseFilter products.
iv. EaseFilter is not obligated to provide support for works derived from the
Product.
v. Distribution of the Source Code in any form, with or without
modifications, is strictly prohibited.
vi. Works derived from the Product may not be called "EaseFilter", nor may
"EaseFilter" appear in their name, without prior written permission from
EaseFilter.
vii. The name "EaseFilter" must not be used to endorse or promote products
derived from the Product without prior written permission. For written
permission, please contact sales@EaseFilter.com.
b. Rental. You may not rent, lease, or lend the Product without express written
permission from EaseFilter.
c. Termination. Without prejudice to any other rights, EaseFilter may terminate this
EULA if you fail to comply with the terms and conditions of this EULA. In such
event, you must destroy all copies of the Product, including but not limited to the
Source Code, backups and all of its component parts and Derived Works.
d. Survival. Unless this Agreement expressly provides otherwise or by its nature a
provision cannot survive this agreement, the provisions of this Agreement shall
survive the expiration or any termination of this Agreement.
e. Consideration. For the rights and license granted in this EULA, including both
the General Software License and the General Source Code License, you will pay
EaseFilter the currently published price available at EaseFilter.com or another
mutually agreed upon amount to appear on a valid invoice.
f. Term. The term of this EULA shall continue perpetually from the date of
purchase unless terminated according to the provisions in Section 3(c).
g. Consent to Use of Data. You agree that EaseFilter and its affiliates may collect
and use technical information, excluding any Confidential Information, gathered
as part of the Product support services provided to you, if any, related to the
Product. EaseFilter may use this information solely to improve our products or to
provide customized services or technologies to you. EaseFilter may disclose this
information, excluding any information explicitly declared as Confidential
Information, to others but not in a form that personally identifies you.
4. SOFTWARE MAINTENANCE, UPDATES AND DISCONTINUATION.
a. A Subscription entitles the purchaser to updates of the Product for a period of 180
days following the purchase of the Product.
b. EaseFilter may, in its sole discretion, provide technical support, updates and/or
supplements of the Software and/or related information ("Updates") to you
hereunder, in which case such Updates shall also be deemed to be included in the
Product and therefore governed by this EULA, unless other terms of use are
provided by EaseFilter with such Updates.
c. EaseFilter reserves the right to discontinue the Product at any time, whether it is
offered individually or as a part of a product suite.
d. EaseFilter reserves the right to discontinue all technical support for the Product at
any time.
e. If for any reason EaseFilter decides to discontinue the Product they will provide
the following remedy to valid Subscription holders:
i. EaseFilter will announce product discontinuation through the website
http://www.EaseFilter.com. It is your responsibility to check the website
for notice of product discontinuation. Notice will be given at least fifteen
(15) days prior to the discontinuation of the Product, and you will be
provided with technical support for the remainder of your Subscription.
5. SOFTWARE DELIVERY. The Product and any associated materials are provided in
electronic format only. You are responsible for downloading the Product from the
EaseFilter website: http://www.EaseFilter.com. Upon purchase EaseFilter shall deliver to
you a license key which will enable the Product to function in the purchased license
capacity.
6. UPGRADES. If this copy of the Product is an upgrade from an earlier version of the
Product, it is provided to you on a license exchange basis. You agree by your installation
and use of such copy of the Product to voluntarily terminate your earlier EULA and that
you will not continue to use the earlier version of the Product or transfer it to another
person or entity unless such transfer is otherwise valid according to the terms of this
EULA.
7. INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in
and to the Product (including but not limited to any images, photographs, animations,
video, audio, music, text and "applets" incorporated into the Product and any copies of
the Product that you are expressly permitted to make herein) are owned by EaseFilter or
its suppliers. All title and intellectual property rights in and to the content which may be
accessed through use of the Product are the property of the respective content owner and
may be protected by applicable copyright or other intellectual property laws and treaties.
This EULA grants you no rights to use such content. All title and intellectual property
rights in and to your modifications to the Product, are owned by you provided that such
modifications are made available to EaseFilter free of charge and royalty-free for
inclusion in later releases of the Product. All rights not expressly granted are reserved by
EaseFilter.
8. NONDISCLOSE AND NONCOMPETITION.
a. Both parties recognize that the other party may obtain proprietary and/or
confidential information (Confidential Information) in the course of the
business relationship defined herein. Each party therefore agrees that it will not
disclose the Confidential Information of the other party to any third party (i)
except as provided for in this EULA or as necessary to pursue and implement the
business relationships defined herein; (ii) to its responsible employees and
professional advisors with a bona fide need to know and whom are bound by
agreement or law to keep such information confidential; (iii) as authorized by the
other party in writing or (iv) to the extent required by applicable law, court, or
government agency, provided that the receiving party promptly notifies the
disclosing party thereof and cooperates with any efforts by the disclosing party, at
the disclosing partys expense, to limit such disclosure by means of seeking a
protective order or requesting confidential treatment.
9. LINKS TO THIRD PARTY SITES. You may link to third party sites through the use
of the Product. The third party sites are not under the control of EaseFilter, and EaseFilter
is not responsible for the contents of any third party sites, any links contained in third
party sites, or any changes or updates to third party sites. EaseFilter is not responsible for
webcasting or any other form of transmission received from any third party sites.
EaseFilter is providing these links to third party sites to you only as a convenience, and
the inclusion of any link does not imply an endorsement by EaseFilter of the third party
site.
10. LIMITED WARRANTY AND DISCLAIMER.
a. Except with respect to an evaluation version of the Product, EaseFilter warrants
that, for a period of thirty (30) days from the date of delivery (as evidenced by a
copy of your receipt): (i) when used with a recommended hardware configuration,
the Product will perform in substantial conformance with the documentation
supplied with the Product; and (ii) the physical media on which the Product is
furnished, if any, will be free from defects in materials and workmanship under
normal use.
b. EASEFILTER PROVIDES NO REMEDIES OR WARRANTIES,
WHETHER EXPRESS OR IMPLIED, FOR EVALUATION VERSIONS
OF THE PRODUCT. THE EVALUATION VERSION OF THE PRODUCT
IS PROVIDED "AS IS".
c. EASEFILTER AND ITS SUPPLIERS DISCLAIM ALL OTHER
WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS,
IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
EASEFILTER DOES NOT WARRANT THAT THE PRODUCT IS
ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. THE
PRODUCT IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN
HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS,
INCLUDING WITHOUT LIMITATION, THE DESIGN,
CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR
FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION
SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR
WEAPONS SYSTEMS. EASEFILTER SPECIFICALLY DISCLAIMS ANY
EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH
PURPOSES.
d. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH
RESPECT TO THE PRODUCT, ALL SUCH WARRANTIES ARE
LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF
DELIVERY.
e. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY
EASEFILTER, ITS DEALERS, DISTRIBUTORS, AGENTS OR
EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY
INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
11. EXCLUSIVE REMEDY. Your exclusive remedy under the preceding is to return the
Product to the place you acquired it, with a copy of your receipt and a description of the
problem. Provided that any non-compliance with the above warranty is reported in
writing to EaseFilter no more than thirty (30) days following delivery to you, EaseFilter
will use reasonable commercial efforts to supply you with a replacement copy of the
Product that substantially conforms to the documentation, provide a replacement for
defective media, or refund to you your purchase price for the Product, at its option.
EaseFilter shall have no responsibility if the Product has been altered in any way, if the
media has been damaged by misuse, accident, abuse, modification or misapplication, or if
the failure arises out of use of the Product with other than a recommended hardware
configuration. Any such misuse, accident, abuse, modification or misapplication of the
Product will void the warranty above. THIS REMEDY IS THE SOLE AND
EXCLUSIVE REMEDY AVAILABLE TO YOU FOR BREACH OF EXPRESS OR
IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCT.
12. LIMITATION OF LIABILITY.
a. Except with regard to: (i) breach of confidentiality obligations; and (ii) any costs
associated with the defense, chosen by EaseFilter, and settlement, to the infringed
upon party, of an intellectual property right claim.
b. NEITHER EASEFILTER NOR ITS SUPPLIERS SHALL BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE
INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF
BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE
LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE
PRODUCT AND BASED ON ANY THEORY OF LIABILITY INCLUDING
BREACH OF CONTRACT, BREACH OF WARRANTY, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE,
EVEN IF EASEFILTER OR ITS REPRESENTATIVES HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A
REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS
ESSENTIAL PURPOSE.
c. EASEFILTER'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES,
FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE
AMOUNT PAID BY YOU FOR THE PRODUCT THAT CAUSED SUCH
DAMAGE.
d. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO
APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL
OTHER ASPECTS OF THIS EULA.
13. INDEMNITY. You agree to hold EaseFilter harmless against, and at your expense
handle and defend, any claim and defend any third party suit brought against you based
upon an allegation that any software developed by you and included in Derived Works
produced using the Product constitutes an infringement of any international patent, or any
copyright or other proprietary or intellectual property right. You shall pay all damages
and costs awarded in such suit.
14. TAXES. The license fees and any other amounts payable pursuant to the terms and
conditions herein are exclusive of all national, state, regional, local municipal or other
taxes and fees including, but not limited to, excise, sales, use, property, ad valorem,
intangibles, goods and services and value added taxes, customers duties and registration
fees, now in force or enacted in the future, and all such taxes and fees, except taxes based
on EaseFilters net worth, capital or net income, shall be paid directly by you, or if paid
by EaseFilter, you will reimburse EaseFilter.
15. NO WAIVER. No action taken by either party pursuant to this EULA, and no waiver by
either party, whether express or implied, of any provision or right in this EULA or any
breach thereof, and no failure of either party to exercise or enforce any of its rights under
this EULA, will constitute a continuing waiver with respect to such provision or right or
as a breach or waiver or any other provision or right, whether or not similar.
16. SEVERABILITY. If any covenant or provision of the EULA is determined to be void or
unenforceable in whole or part, then such void or unenforceable covenant or provision
shall be deleted from this EULA and shall not effect or impair the enforceability or
validity of any other covenant or provision of this EULA or any part thereof.
17. FURTHER INSTRUMENTS. Except as otherwise expressly provided in this
Agreement, each party shall furnish to the other (and shall deliver and cause to be
executed, acknowledged and delivered to the other) any further instruments, which such
other party may reasonably require or deem necessary from time to time to evidence,
establish, protect, enforce, defend or secure to such other party any or all of its rights
hereunder or to more effectuate or carry out the purposes, provisions or intent of this
Agreement.