Rocky Mountain RAM License Terms
McAfee® License Terms
(“Licensee”) is hereby granted by McAfee Corp. (“McAfee”), and Licensee accepts, a nonexclusive, nonassignable, nontransferable, license to install and use McAfee’s software (“Product(s)”) and accompanying documentation (“Documentation”), as referred to in the attached proposal solely for Licensee ‘s own internal use and benefit and as authorized in these Terms & Conditions and solely for the agreed number of users. Licensee shall not (i) lend, sell, lease or otherwise dispose of the Product(s) without McAfee’s written approval; (ii) use the Product(s) and / or Documentation for any other purpose than provided in these Terms & Conditions; (iii) copy, modify, decompile or reverse compile by any means, including but not limited to analyses by debug or reverse assembler tools, the Product(s) or the Documentation. Product(s) will be provided in machine readable, object code form only. The intellectual property in the Product(s) — and the Documentation shall remain vested in McAfee at all times.
Term — License Type and Restrictions
Provided issuance of a purchase order (“PO”) and payment of all amounts due by Licensee, the license granted is a perpetual license, unless and until terminated by Licensee or by McAfee if Licensee fails to meet these terms and conditions or the conditions of any preceding agreement between Licensee and McAfee. Upon termination, all Product(s) must be removed from all systems using the Product(s) and all Product(s) and Documentation and all copies thereof must be destroyed or promptly returned to McAfee.
Maintenance and Support
Upon payment of the applicable Maintenance & Support (M&S) fees, McAfee will provide M&S services to the Licensee. This includes: a) providing Licensee with corrections of any substantial defects or fixes of any serious bugs relating to the Product(s) as such solutions become known to McAfee, b) providing Licensee, from time to time, without additional charge, with New Releases that contain new enhancements, performance improvements, upgrades, service packs and/or patches, all within the same version class, which McAfee elects to make available to its Licensees base generally (McAfee reserves the right to charge separately for specific functionality enhancements or product options), c) during normal business hours, providing a help desk service (which can be contacted by Licensee through email, the internet, fax and telephone) for queries by the Licensee. It is understood, however, that in respect to onsite support visits, training or hardware and related supplies, McAfee and Licensee shall agree in advance on the services to be provided and the fees for the services; which are at a fixed rate. McAfee will support Products as long as they comprise the latest version and for a period of 12 months after the release of a new version.
McAfee represents and warrants that it is the owner or authorized licensor of the Product(s). McAfee further warrants that at the time of delivery of the initial Product(s) and for a period of three hundred and sixty five (365) days, Product(s) will be in substantial accordance with the Documentation supplied to Licensee, provided the hardware and operating systems the Product(s) is installed on, comply with the requirements set out in the Documentation. McAfee’s liability under this warranty shall be limited to the correction or replacement as soon as reasonably practical of any defective item(s) on the initial Product(s) which McAfee determines to be necessary at McAfee’s sole cost and expense, provide notice of such defect is provided to McAfee during the warranty period. The warranty shall not apply if (i) an item of Product(s) was not used in accordance with McAfee’s instructions; (ii) an item of Product(s) has been altered, modified or converted by Licensee not in accordance with the user Documentation as supplied by McAfee, or without McAfee’s written approval; (iii) any of Licensee’s equipment shall malfunction causing the defect in the Product(s). THE WARRANTIES CONTAINED IN THIS AGREEMENT ARE IN PLACE OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
If provided during the warranty period, new releases containing only corrections of errors of the Product(s) will be provided without additional charge, but McAfee may impose a charge for new releases that in McAfee’s opinion contain other modifications, improvements or new material.
Limitations of Warranties and/or Liabilities
THE PRODUCT IS PROVIDED “AS IS.” McAfee DOES NOT WARRANT THAT THE PRODUCT IS FIT FOR THE USE LICENSEE INTENDS IT TO USE FOR. As far as permitted under applicable law McAfee’s liability for direct/actual damages from any cause whatsoever will be limited to the consideration received by McAfee from Licensee in the six (6) months preceding a claim. McAfee shall in no event be liable for loss of sales, profit, goodwill, or other special, indirect or any consequential damages suffered by Licensee or others in anyway attributable to Licensee’s use of Product(s) or any services provided hereunder.
Licensee agrees to keep all information that is either marked as confidential, or that can reasonably be understood to be of a confidential nature confidential for a period of five (5) years from the date of disclosure. Licensee agrees to use all reasonable precautions to prevent the Product(s) and Documentation from being used by unauthorized persons and to take appropriate action, by instruction, agreement or otherwise, with regard to all persons permitted access to the Product(s) and Documentation, in order to insure the Product(s) is (are) protected.
These Terms & Conditions shall be governed by and construed in accordance with all applicable federal laws and regulations.
In the event that any of these terms or conditions conflicts with the applicable law(s), or if such provision is held invalid by a court with jurisdiction over Licensee and McAfee, such provision shall be restated to reflect, as nearly as possible, the original intentions of the parties in accordance with applicable law, and the remainder of these Terms & Conditions shall remain in full force.
McAfee has contracted with Iron Mountain to escrow the McAfee intellectual property (IP). The escrow service affords optimal protection to McAfee licensees against unfortunate circumstances; circumstances that may adversely affect McAfee’s ability to maintain and support the software.
Encryptx License Terms
SecurFlash™ Copyright © 1999-2008 by encryptX™ Corporation.
All rights reserved.
You should carefully read the following terms and conditions before using this software. Unless you have a different license agreement signed by the encryptX Corporation, your use of this software indicates your acceptance of this license agreement and warranty.
Evaluation and Registration
This is not free software. Subject to the terms below, you are hereby licensed to use this software to create and work with encrypted files on licensed UFD flash drives and removable hard drives.
For corporate or business licensing, please contact us at email@example.com or at 888-431-4550. Payments must be in US Dollars drawn on a US bank, can be processed electronically through our merchant account on the encryptX web site, or can be sent directly to us at the following address:
580 Burbank Street, #110
Broomfield, Colorado 80020
SecurFlash consists of copyrighted software. You may not alter or modify the SecurFlash™ software and cannot give anyone else permission to modify the SecurFlash™ software.
The software is for personal use only. Personal use does not include using the software to create commercial products and then redistributing these products for sale. If you desire to use the SecurFlash™ software for commercial purposes, please contact us at firstname.lastname@example.org or 888-431-4550 for a license agreement.
Unregistered use of the SecurFlash™ software beyond the evaluation license is in violation of U.S. and international copyright laws.
The laws of the State of Colorado shall govern this agreement.
Disclaimer of Warranty
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD AS IS AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. In particular, there is no warranty for the Rijandel encryption algorithm used in the SecurFlash™ software. Because of the various hardware and software environments into which SecurFlash™ may be put, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED.
IF THE USER FORGETS THEIR USER NAME AND PASSWORD, AND THEIR PASSWORD RECOVERY HINT ACCESS TO THE CONTENTS OF A SECURFLASH™ ENCRYPTED CONTAINER AND ALL CONTENTS WILL BE LOST. encryptX does provide an optional set of password recovery hint questions when establishing your initial password. If you forget your password and the appropriate answer to your password recovery hint you will not be able to access the encrypted files. encryptX Corporation does not have a utility to retrieve lost or forgotten user names and passwords for users. The strength of the encryption key used in the encryption algorithm prohibits the ability to solve the encryption key if forgotten.
Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The user must assume the entire risk of using the program. ANY LIABILITY OF THE SELLER, ITS SUPPLIERS AND ITS PARTNERS WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE. NEITHER SELLER NOR ITS SUPPLIERS OR PARTNERS SHALL BE LIABLE FOR ANY INDIRECT, CONDITIONAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING DAMAGES FOR LOSS OR CORRUPTION OF DATA, LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), HOWEVER CAUSED, ON ANY THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, BREACH OF CONTRACT OR OTHERWISE), EVEN IF SUCH PARTIES OR THEIR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.