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| 3 | +<title>Bitcoin Vault(TM) End-user License Agreement</title> |
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| 6 | + <p class="contenttext"><strong>PLEASE READ CAREFULLY BEFORE USING THIS PRODUCT:</strong> This End-User License Agreement ("EULA") is a legal agreement between (a) you (either an individual or a single entity) and (b) Ciphrex LLC ("licensor") that governs your use of any Software Product, installed on or made available by Ciphrex LLC for use with BitcoinVault(TM) ("product"). Other software provided by third parties and used with Bitcoin Vault(TM) may be subject to a separate EULA. The term "Software Product" means computer software and may include associated media, printed materials and "online" or electronic documentation. An amendment or addendum to this EULA may accompany Bitcoin Vault(TM).</p> |
| 7 | + <p class="contenttext"><strong>BY CLICKING "I AGREE", BREAKING THE SEAL ON THE SOFTWARE PRODUCT, REMOVING THE STICKER OR OTHER EULA NOTIFIER FROM THE SOFTWARE PRODUCT OR OTHERWISE TAKING ANY STEP TO INSTALL OR USE THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. YOU ALSO ACCEPT THIS EULA IF YOU KEEP THE SOFTWARE PRODUCT FOR 30 DAYS. IF YOU DO NOT ACCEPT THESE LICENSE TERMS, YOU MUST CLICK "CLOSE" AND DELETE THE SOFTWARE PRODUCT FROM YOUR COMPUTER.</strong></p> |
| 8 | + <p class="contenttext"> <strong>1. GRANT OF LICENSE. </strong><br /> |
| 9 | + Ciphrex LLC grants you the following non-exclusive rights provided you agree to and comply with all terms and conditions of this EULA:<br /> |
| 10 | + a.) Use. You may use the Software Product only as integrated with the Ciphrex LLC Product and only on a single computer at one time ("Your Computer"). You may not separate component parts of the Software Product from the Ciphrex LLC Product. You do not have the right to distribute the Software Product. You may load the Software Product into Your Computer's temporary memory (RAM) for purposes of using the Ciphrex LLC Product.<br /> |
| 11 | + b.) Storage. The Software Product may only be stored or copied into the Ciphrex LLC Product and may not be separated from the Ciphrex LLC Product.<br /> |
| 12 | + c.) Reservation of Rights. The Software Product is licensed, not sold, to you by Ciphrex LLC. Ciphrex LLC and its suppliers own all right, title and interest in and to the Software Product and reserve all rights not expressly granted to you in this EULA. You agree to refrain from any action that would diminish such rights or would call them into question.<br /> |
| 13 | + d.) Freeware. Notwithstanding the terms and conditions of this EULA, all or any portion of the Software Product which constitutes non-proprietary Ciphrex LLC software or software provided under public license by third parties ("Freeware"), is licensed to you subject to the terms and conditions of the software license agreement accompanying such Freeware whether in the form of a discrete agreement, shrink wrap license or electronic license terms accepted at time of download. Use of the Freeware by you shall be governed entirely by the terms and conditions of such license.<br /> |
| 14 | + </p> |
| 15 | + <p class="contenttext"><strong>2. ADDITIONAL SOFTWARE.</strong> <br /> |
| 16 | + This EULA applies to updates or supplements to the original Software Product provided by Ciphrex LLC unless Ciphrex LLC provides other terms along with the update or supplement. In case of a conflict between such terms, the other terms will prevail.</p> |
| 17 | + <p class="contenttext"><strong>3. PROPRIETARY RIGHTS. </strong><br /> |
| 18 | + All intellectual property rights in the Software Product and user documentation are owned by Ciphrex LLC or its suppliers and are protected by law, including but not limited to United States copyright, trade secret, and trademark law, as well as other applicable laws and international treaty provisions. The structure, organization and code of the Software Product are the valuable trade secrets and confidential information of Ciphrex LLC and its suppliers. You shall not remove any product identification, copyright notices or proprietary restrictions from the Software Product or Ciphrex LLC Product. </p> |
| 19 | + <p class="contenttext"><strong>4. TERM.</strong> <br /> |
| 20 | + This EULA is effective unless terminated or rejected. This EULA will also terminate upon conditions set forth elsewhere in this EULA or if you fail to comply with any term or condition of this EULA.</p> |
| 21 | + <p class="contenttext"><strong>5. CONSENT TO USE OF DATA.</strong> You agree that Ciphrex LLC and its affiliates or suppliers may collect and use technical information you provide in relation to support services related to the Software Product. Ciphrex LLC and its suppliers agree not to use this information in a form that personally identifies you except to the extent necessary to provide such services. </p> |
| 22 | + <p class="contenttext"><strong>6. DISCLAIMER OF WARRANTIES. </strong>You acknowledge that the Ciphrex LLC Product is for backup and redundancy only, and should not be used as a sole or primary source of storage. The Software Product is offered on an "AS-IS" basis and Ciphrex LLC does NOT warrant that the functions contained in the Software Product will meet your requirements or that the operation of the Software Product will be uninterrupted or error free. Computer software is inherently subject to bugs and potential incompatibility with other computer software and hardware. You should not use the Software Product for any applications in which failure could cause any significant damage or injury to persons or tangible or intangible property. <strong>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CIPHREX LLC AND ITS SUPPLIERS PROVIDE THE SOFTWARE PRODUCT "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND OF LACK OF VIRUSES ALL WITH REGARD TO THE SOFTWARE PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CIPHREX LLC OR A CIPHREX LLC AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.</strong> Some states/jurisdictions do not allow exclusion of implied warranties or limitations on the duration of implied warranties, so the above disclaimer may not apply to you in its entirety. IN NO EVENT DOES CIPHREX LLC PROVIDE ANY WARRANTY OR REPRESENTATIONS WITH RESPECT TO ANY THIRD PARTY HARDWARE OR SOFTWARE WITH WHICH THE CIPHREX LLC PRODUCT IS DESIGNED TO BE USED, AND CIPHREX LLC DISCLAIMS ALL LIABILITY WITH RESPECT TO ANY FAILURES THEREOF. </p> |
| 23 | + <p class="contenttext"><strong>7. LIMITATION OF LIABILITY.</strong> In no event shall Ciphrex LLC be liable for loss of data or any damages, including incidental or consequential, arising from the use of or inability to use the Software Product. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so this limitation may not apply to you. <strong>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CIPHREX LLC OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, FOR LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS EULA), EVEN IF CIPHREX LLC OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.</strong> Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.</p> |
| 24 | + <p class="contenttext"><strong>8. COMPLIANCE WITH EXPORT LAWS.</strong> You shall comply with all laws and regulations of the United States and other countries ("Export Laws") to ensure that the Software Product is not (1) exported, directly or indirectly, in violation of Export Laws, or (2) used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation.</p> |
| 25 | + <p class="contenttext"><strong>9. APPLICABLE LAW.</strong> This EULA is governed by the laws of the State of California exclusive of conflict of law provisions and you attorn to the jurisdiction of the courts of the province of Ontario with respect to any proceedings arising from this EULA. The parties hereby agree that this Agreement is not governed by the United Nations Convention on Contracts for the International Sale of Goods.</p> |
| 26 | + <p class="contenttext"><strong>10. ENTIRE AGREEMENT. </strong>This EULA (including any addendum or amendment to this EULA which is included with the Ciphrex LLC Product) is the entire agreement between you and Ciphrex LLC relating to the Software Product and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software Product or any other subject matter covered by this EULA. To the extent the terms of any Ciphrex LLC policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. In the event of a conflict between the English and any non-English versions of this EULA, the English version shall govern. If any provision of this EULA is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provision of the EULA will remain in force and effect.</p> |
| 27 | + <p> </p> |
| 28 | + <p class="contenttext"> © 2013-2014 Ciphrex LLC. The information contained herein is subject to change without notice. The only warranties for Ciphrex LLC Products and services are set forth in the express warranty statements accompanying such products and services. Nothing herein should be construed as constituting an additional warranty. Ciphrex LLC shall not be liable for technical or editorial errors or omissions contained herein. Portions of the Software Product include technology used under license © Nokia, © CodeSynthesis. All rights reserved.<br /> |
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| 30 | + Rev. 01/01 |
| 31 | +</p> |
| 32 | +</body> |
| 33 | +</html> |
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