Home: OpenCrypt Software License Agreement
NOTICE -- READ THIS BEFORE USING THE SOFTWARE
INSTALLING AND USING THE SOFTWARE ACCOMPANYING THIS LICENSE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. READ ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT PRIOR TO INSTALLING OR USING THE SOFTWARE. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT INSTALL THE SOFTWARE OR, IF YOU HAVE ALREADY INSTALLED THE SOFTWARE, YOU MUST DELETE THE SOFTWARE FROM YOUR HARDWARE.
This is a legal agreement between you and ionix Limited, its licensors, and its subsidiaries (collectively "ionix Limited"). This Agreement states the terms and conditions on which ionix Limited offers to license this software program (the "Program") and the accompanying on-line read-me and help files (the "Documentation") including, but not limited to, the executable programs, drivers, libraries and data files associated with the Program.
IONIX LIMITED, UK registered company number: 05404166.
Trading As/From: OpenCrypt.com/.co.uk, LockedArea.com/.co.uk and Locked-Area.com/.co.uk, ionix.ltd.uk.
SOFTWARE/PROGRAM: OpenCrypt (originally Locked Area Pro).
PLEASE NOTE THAT YOU MAY NOT USE, COPY, MODIFY OR TRANSFER THE PROGRAM OR DOCUMENTATION OR ANY COPY, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT. NOR MAY YOU SUB-LICENSE ANY OF YOUR RIGHTS UNDER THIS AGREEMENT.
LICENSE: This software program (the "Program") and the accompanying on-line read-me and help files (the "Documentation") are licensed, not sold, to you. The term "Program" shall also include any updates of the Program licensed to you by ionix Limited. Subject to the terms of this agreement, you have a non-exclusive and nontransferable right to use the Program and Documentation for non-commercial (e.g., not for resale or rental or the like), educational, evaluation or personal purposes only. You may use this Program on a single computer by a single user at one time located in the United Kingdom or United States and its territories or any other country to which this Program is legally exported. This Program is "in use" on a computer when it is loaded into the temporary memory (i.e., RAM) or installed into the permanent memory (e.g., hard drive, CD-ROM or other storage device) of that computer, except that a copy installed on a network server for the sole purpose of distribution to other computers is not "in use." If you permanently install the Program on the hard disk or other storage device of a computer (other than a network server) and you use that computer more than 80% of the time it is in use, then you may also use the Program on a portable or home computer. You may merge it into another Program for your use on a single machine. You agree to use your best efforts to prevent and protect the contents of the Program and Documentation from unauthorized disclosure or use. ionix Limited reserve all rights not expressly granted to you. ionix Limited's licensors are the intended third-party beneficiaries of this agreement and have the express right to rely upon and directly enforce the terms set forth herein.
LIMITATION ON USE: You may not rent, lease, sell or otherwise transfer or distribute copies of the Program or Documentation to others. You may not modify or translate the Program or the Documentation without the prior written consent of ionix Limited. You may not reverse assemble, reverse compile or otherwise attempt to create the source code from the Program. You may not use ionix Limited's name to refer to ionix Limited directly or indirectly in any papers, articles, advertisements, sales presentations, news releases or releases to any third party without the prior written approval of ionix Limited for each such use. You may not release the results of any performance or functional evaluation of any Program to any third party without prior written approval of ionix Limited for each such release.
BACKUP AND TRANSFER: You may make one archival copy of the Program for backup purposes provided ionix Limited's copyright notice is included. You may not sublicense, assign, delegate, rent, lease, time-share or otherwise transfer this license or any of the related rights or obligations for any reason. Any attempt to make any such sublicense, assignment, delegation or other transfer by you shall be void. You may physically transfer the Program from one computer to another provided that the Program (including any portion or copy thereof) is erased from the first computer and there is no possibility that the Program will be used on more than one computer at a time.
COPYRIGHT: The Program and related Documentation are copyrighted by ionix Limited and its licensors. By acceptance of this Agreement you specifically acknowledge that the Program is protected by copyright and that you have received notice of said copyright protection. You may not copy the Program (or this license) except to provide a backup copy and to load the Program into the computer as part of executing the Program. You may make one copy of the Documentation and print one copy of any on-line documentation or other materials provided to you in electronic form. Any and all other copies of the Program and any copy of the Documentation made by you are in violation of this license.
OWNERSHIP: You agree that the Program and Documentation belong to ionix Limited and its licensors. You agree that you neither own nor hereby acquire any claim or right of ownership to the Program and Documentation or to any related patents, copyrights, trademarks or other intellectual property. ionix Limited and its licensors retain all right, title and interest in and to the Documentation and all copies and the Program at all times, regardless of the form or media in or on which the original or other copies may subsequently exist, and reserves all rights not expressly granted to you. This license is not a sale of the original or any subsequent copy. All content accessed through the Program is the property of the applicable content owner and may be protected by applicable copyright law. This license gives you no rights to such content.
TERM AND TERMINATION: This license is effective until terminated. You may terminate this license at any time by destroying the Program and Documentation and the permitted backup copy. You must also inform ionix Limited that you wish to terminate your agreement so your account and software license may be canceled. This license automatically terminates if you fail to comply with its terms and conditions. You agree that, upon such termination, you will either destroy (or permanently erase) all copies of the Program and Documentation, or return the original Program and Documentation to ionix Limited, together with any other material you have received from ionix Limited in connection with the Program. If you fail to comply with the terms and conditions of this agreement, for example if you were to distribute the software against the terms listed, you agree to pay a penalty for said breech of contract, this penalty will be determined at the discretion of ionix Limited up to a maximum of £900 GBP. ionix Limited reserves the right to pursue further legal proceedings and claim further compensation in addition to the breech of contract penalty.
PRODUCT UPGRADES: You agree that ionix Limited is under no obligation to release product upgrades or maintenance releases, such as minor improvements, bug fixes, or patches. Any such releases will be at the sole discretion of ionix Limited. In the event a product upgrade or maintenance release is released, you will be entitled to an upgrade or maintenance release free of charge providing you have a valid upgrade license and, provided you perform the necessary application of said upgrade or release. For purposes of this Agreement, "providing you have a valid upgrade license" refers to your software license which is sold with one years free upgrades as standard, once expired you may renew your upgrade license for an annual fee. This does not apply if you have purchased a 'lifetime upgrade' license. "Application" means downloading or uploading of the distribution file containing said upgrade or maintenance release, and performing the necessary activities to incorporate said upgrade or maintenance release including, but not limited to, backing up the older version of the Program, running any necessary conversion programs, and performing any necessary reconfiguration. In the event you decide to have ionix Limited perform any application for you or on your behalf, ionix Limited reserves the right to charge a fee, to be determined at ionix Limited's discretion, for any such application. ionix Limited further reserves the right to require an application fee in the event the nature of the upgrade or maintenance release is such that ionix Limited determines that any application should be performed solely by ionix Limited. In the event such an application by ionix Limited is required, ionix Limited agrees to insure the quality of said upgrade or maintenance release by performing a backup of your current system prior to any application of said upgrade or maintenance release by ionix Limited.
NEW VERSIONS OF THE PROGRAM: You agree that ionix Limited is under no obligation to release any new version of the Program and/or Documentation. In the event a new version of the Program and/or Documentation (e.g. Version 2.0) is released by ionix Limited, you agree to pay for a new upgrade license, at a price to be determined by ionix Limited at its discretion, should you wish to use said new version. This does not apply if you have a valid and current upgrade license.
SUPPORT: ionix Limited agrees to provide reasonable technical support through a public medium free of charge. For purposes of this Agreement, "public medium" refers to a suitable online forum or news group to be monitored by ionix Limited and other licensed users of the Program and/or Documentation. ionix Limited may, at its sole discretion, provide personal technical support free of charge, but specifically reserves the right to charge for such personal technical support. For purposes of this Agreement, "personal technical support" refers to telephone support, electronic mail, or other online methods. You agree that any offer or actual provision of technical support by ionix Limited does not constitute any warranty regarding the Program and/or Documentation except as otherwise provided in this Agreement.
DISCLAIMER OF WARRANTY: ionix Limited does not warrant that the functions contained in the Program will meet your requirements or that the operation of the Program will be uninterrupted or error free. ionix Limited PROVIDES THE PROGRAM AND THE DOCUMENTATION "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You assume full responsibility for the selection of the Program to achieve your intended results, and for the installation, use and results obtained from the Program. You also assume the entire risk as it applies to the quality and performance of the Program. Should the Program prove defective, you and not ionix Limited assume the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of this agreement.
LIMITATION OR REMEDIES: IN NO EVENT WILL IONIX LIMITED BE LIABLE FOR ANY INDIRECT DAMAGES OR OTHER RELIEF ARISING OUT OF YOUR USE OR INABILITY TO USE THE PROGRAM INCLUDING, BY WAY OF ILLUSTRATION AND NOT LIMITATION, LOST PROFITS, LOST SAVINGS, LOST BUSINESS OR LOST OPPORTUNITY, LOST REVENUE, LOST DATA, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF SUCH USE OR INABILITY TO USE THE PROGRAM, EVEN IF IONIX LIMITED OR AN AUTHORIZED IONIX LIMITED DEALER, DISTRIBUTOR OR SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
GENERAL: This Agreement is binding on you as well as your employees, employers, contractors, agents, and any successors or assignees. Except as otherwise provided by applicable state law or federal law governing copyrights, this Agreement is governed by the laws of the United Kingdom. This Agreement represents the entire agreement between ionix Limited and you and supersedes any other understandings or agreements including, but not limited to, advertising statements, with respect to the Program. Further privacy policies, copyrights notices and disclaimers may apply to any content offered via our Internet web sites.
EXPORT CONTROLS: The Program and the underlying information and technology may not be downloaded or otherwise exported or re-exported (i) into (or to a national resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.K. or U.S. has embargoed goods; or (ii) to anyone of the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Program, you are agreeing to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.