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END USER RETAIL LICENSE This document contains the License Terms relating to the use of Evidence Crypt that You are about to purchase. When You have read the terms of the License below and You wish to become a Licensee of Evidence Crypt, click on the YES button to show your acceptance to the License Terms. By clicking the YES button You indicate your acceptance of the terms set out below. Acceptance shall bind You and all of your employees to the terms of this License. If You do not wish to accept the terms, your will not be able to purchase and download the award winning Evidence Crypt software. TERMS OF LICENSE 1. License 1.1 EvidenceCrypt.com Inc. (a company incorporated in USA) is authorised to License the Evidence Crypt Software which You are about to install (the "Software"). 1.2 By clicking on the YES button below, You, the Licensee, accept these License terms (the "License"). This License is an agreement between EvidenceCrypt.com Inc. and You. 1.3 In consideration of You accepting the License and paying the License Fee (as set out below), EvidenceCrypt.com Inc. grants You a non-exclusive, non-transferable object code license to use the Software and the Help Manual or other supporting documentation relating to the Software (the "Help Manual") subject to the terms set out below. 2. The License Fee 2.1 You must pay the License Fee as agreed by You at the time of your purchase (the "License Fee") before You download and install the Software. The License Fee is a one-time Fee and may incorporate transaction or administration charges depending upon the method by which You choose to make your payment, and as advised to You by EvidenceCrypt.com Inc. at the time of purchase. 2.2 The License Fee is inclusive of any taxes, duties, value added/purchase tax, excise tax, import or other duties. 2.3 If you are not paying the License Fee in Pounds Sterling or US Dollars, the License Fee payable is an estimate only and the actual amount payable is subject to fluctuations on the currency markets. 3. Use of the Software 3.1 In this clause, "N" means the number of users in respect of which You are entitled to use the Software as shown on your Key Code Document which was issued at the time of your purchase. 3.2 You may download the Software into the permanent memory (e.g. hard disc, CD-ROM or other storage device) on a single or multiple computer(s) for processing such Software for use by no more than N concurrent users. 3.3 For the purposes of this License, "concurrent use" shall mean simultaneous use of the Software by a maximum of N users provided that (a) Software installed on a server for the sole purpose of distribution to other work stations and (b) Software installed on computers where the Software is not being used, is not utilised for the purposes of ascertaining the number of concurrent users. 3.4 You may use the Software to delete data from your computer. You shall not distribute or re-sell the Software to any other person. 3.5 This Software deletes data. If You have data on your computer You want to keep, You must back that data up before using this Software to delete data. If You have valuable data on your computer or You are in any doubt about using this Software, read the Help Manual thoroughly before actually using or starting this software processing in your computers memory. The Help Manual is available after installation of the Software. 3.6 You must not make any translations, adaptations, alterations, additions or enhancements to the Software or Help Manual for any purpose (including, without limitation, for error correction) nor permit the Software or any part of it to be combined with any other program. 3.7 You are allowed to make a maximum of two back up copies of the Software if and only if the making of a copy is necessary for the use of the Software permitted by this License. You are allowed to print a maximum of N copies of the Help Manual for use only as aids to the electronic copy of the Help Manual installed with this Software. The copy/copies shall be owned by EvidenceCrypt.com Inc.. 3.8 Except as set out in clause 3.7, You shall not make or allow others to make any copies of the Software and/or the Help Manual. You shall put in place adequate security measures to prevent the Software and Help Manual from being used or copied by unauthorised people. 3.9 EvidenceCrypt.com Inc. Licenses this Software for legal purposes only to enable You to remove unwanted data from your computer systems. Use of this Software for illegal, defamatory or offensive purposes, including but not limited to removing data from your computer which may be required in criminal proceedings, is expressly not permitted. 4. Decompilation 4.1 EvidenceCrypt.com Inc. does not allow You or any person to decompile, reverse-engineer or disassemble the Software or any part of it, except that You may decompile the Software to the extent permitted and subject to the provisions of the EC Software Directive as enacted by the Copyright Designs and Patents Act 1988 (as amended), where this is indispensable to obtain the information necessary to achieve the interoperability of an independently created program with the Software or with another program (the "Information") and the Information is not readily available from EvidenceCrypt.com Inc. or elsewhere. 4.2 With respect to the Information, whether provided by EvidenceCrypt.com Inc. or obtained by decompilation, You shall not permit any person to: 4.2.1 use the Information for any purpose other than to achieve the interoperability of an independently created program with the Software or other programs; or 4.2.2 supply the Information to any other person except when necessary for the interoperability of the independently created program with the Software or other programs; or 4.2.3 use the Information for the development, production or marketing of a computer program substantially similar in its expression to the Software, or for any other copyright infringement act; or 4.2.4 use the Information in a manner which unreasonably prejudices EvidenceCrypt.com Inc.'s legitimate interests or conflicts with a normal exploitation of the Software. 5. Your Obligations 5.1 You shall: 5.1.1 maintain accurate records of the number and location of all copies of the Software, and control use of the Software in accordance with this License; 5.1.2 not tamper with, obscure or remove the copyright notice of EvidenceCrypt.com Inc. on the Software or any other proprietary marks of any person as may be specified in or on the Software or in the Help Manual; 5.1.3 not obtain any ownership of or rights to the copyright, patents, trade marks, or any other intellectual property rights of EvidenceCrypt.com Inc. on or in relation to the Software and the Help Manual; 5.1.4 inform EvidenceCrypt.com Inc. immediately if You become aware of any unauthorised access to, use or copying of, any part of the Software or Help Manual. 6. EvidenceCrypt.com Inc.'s Obligations 6.1 From time to time EvidenceCrypt.com Inc. may modify and improve the Software. As a licensed user You may download updates and upgrades to the Software free from EvidenceCrypt.com Inc.'s web-site (www.evidencecrypt.com) as and when they become available. This License will apply to all updates and upgrades of the Software. 6.2 EvidenceCrypt.com Inc. is happy to assist You with any queries You have with the Software by providing e-mail guidance for free and shall provide such service with reasonable care and skill and within a reasonable time. EvidenceCrypt.com Inc. does not make any other promises about this support service . If You require support for the Software which is not covered by this License, EvidenceCrypt.com Inc. shall inform You how much that will cost. 6.3 EvidenceCrypt.com Inc. wants You to be happy with the Software. EvidenceCrypt.com Inc. warrants that the Software will perform in accordance the specification published on EvidenceCrypt.com Inc.'s Internet Website at http://www.evidencecrypt.com/ for a period of 30 days from the date of You entering into this License. EvidenceCrypt.com Inc. will use all reasonable endeavours to correct any failure of the Software to perform to that specification or (at its option) replace such a copy of the Software free of charge or (at its option) refund the License Fee provided that: 6.3.1 the Software has been used at all times in accordance with the instructions for use issued by EvidenceCrypt.com Inc. and the terms of this License; and 6.3.2 no alteration or addition has been made to the Software without EvidenceCrypt.com Inc.'s prior written consent; and 6.3.3 the alleged error, malfunction or inconsistency has been notified by You to EvidenceCrypt.com Inc. within the 30-day warranty period specified above. 6.4 Any claim by You under this warranty shall be sent in writing, by post, or e-mail, or by submitting the form available on EvidenceCrypt.com Inc.'s web-site at http://www.evidencecrypt.com/ to EvidenceCrypt.com Inc. specifying the Software involved, its key code, and the nature of the error or malfunction. Upon receipt of such written claim, EvidenceCrypt.com Inc. shall have the right to test or inspect the Software. 6.5 For any errors or malfunctions of the Software which arise in the 30-day warranty period, EvidenceCrypt.com Inc. will refund the License Fee if it does not correct the Software's failure to perform to specification or if it does not replace the Software. Prior to refunding the License Fee, EvidenceCrypt.com Inc. will require You to de-activate the Software. When the Software is de-activated, a lock out key will be created which You will return to EvidenceCrypt.com Inc. to obtain your refund of the License Fee. 6.6 In addition to the warranty set out at 6.3, EvidenceCrypt.com Inc. warrants that at the date of You entering this License, the Software will match its description as set out on EvidenceCrypt.com Inc.'s web-site at www.evidencecrypt.com, will be of satisfactory quality and fit for its intended purpose. 7. Liability 7.1 EvidenceCrypt.com Inc. does not warrant that the Software is error free and because it is not involved in identifying your requirements, it gives no warranty that the Software will be suitable for any purpose other than that set out on EvidenceCrypt.com Inc.'s website. 7.2 EvidenceCrypt.com Inc. does not warrant that the Software shall be free from all known viruses although it has used commercially reasonable efforts to check for the most commonly known viruses prior to making it available to download. You are solely responsible for virus scanning the Software. 7.4 In any event, EvidenceCrypt.com Inc. shall not be liable to You for any loss of anticipated 1revenue, loss of profits, loss of business opportunity, loss of goodwill, damage to reputation, any indirect loss or damage, or for any loss which was not foreseeable to both parties when this License was entered into, or for any losses that are not caused by any breach by EvidenceCrypt.com Inc. of its obligations, or for business losses or losses to non-consumers, (whether caused by the negligence of EvidenceCrypt.com Inc., its employees, agents or otherwise), which arise out of or in connection with this License. 7.5 EvidenceCrypt.com Inc. shall not be liable to You or be deemed to be in breach of this License by reason of any delay in performing, or any failure to perform, any of its obligations under this License, if the delay or failure is due to any cause beyond EvidenceCrypt.com Inc.s reasonable control (including, without limitation, fire, explosion, flood, Governmental restriction, strikes or war). 7.6 Notwithstanding anything to the contrary in this License, EvidenceCrypt.com Inc.'s liability to You for death or personal injury caused by the negligence of EvidenceCrypt.com Inc., its employees, agents or sub-contractors, or for fraud (including without limitation fraudulent misrepresentation), or otherwise as prohibited by law, is not limited. 7.7 Business users only: Except as expressly set out in this License, all conditions, warranties, terms and undertakings in respect of the Software and the Help Manual are hereby excluded by EvidenceCrypt.com Inc. to the fullest extent permitted by law. 7.8 Business users only: The entire liability of EvidenceCrypt.com Inc. in respect of any and all claims made against it by You under or in connection with this License shall be limited to the License Fees paid by You under this License. You agree that this is reasonable because of, amongst other things, the likelihood that the amount of damages which would be awarded to You for a breach by EvidenceCrypt.com Inc. of this License would be disproportionately greater than the value of this License to EvidenceCrypt.com Inc.. 8. Duration of License and Termination 8.1 This License shall take effect when You have paid the License Fee and shall continue unless terminated in accordance with 8.2 below. 8.2 Without prejudice to any other remedy that it may have, EvidenceCrypt.com Inc. may terminate this License immediately by giving written notice to You if: 8.2.1 You commit any breach of this License and (if capable of remedy) fail to remedy such breach within 30 days after being given written notice to do so; or 8.2.2 You use the Software for any illegal, defamatory or offensive purpose; 8.2.3 You make any voluntary arrangement with your creditors, or (being an individual or firm) become bankrupt, or (being a company) become subject to an administration order or go into liquidation (other than for the purposes of amalgamation or reconstruction), or an encumbrancer takes possession, or a receiver is appointed, over any of its property or assets, or anything analogous to any of the foregoing occurs to You under the law of any jurisdiction. 8.3 Within 7 days after termination or discontinuance of this License for whatever reason, You shall return to EvidenceCrypt.com Inc. or disable the Software, (unless the Software is not automatically disabled by EvidenceCrypt.com Inc.), and You shall Un-Install the Software using the supplied Un-Install function of it which is contained within the Software, and You shall return to EvidenceCrypt.com Inc. or destroy the Help Manual and all updates, upgrades or copies including partial copies of the Software. 8.4 Termination shall be subject to any rights and remedies EvidenceCrypt.com Inc. may have under this License or under applicable law. 9. General 9.1 Headings in this License are for reference only and are not to be used in interpreting this License. 9.2 You shall not assign, sub-license, sell or otherwise transfer all or any part of the Software, the Help Manual or this License. 9.3 Failure or neglect by EvidenceCrypt.com Inc. or You to enforce at any time any of the provisions of this License shall not be construed nor deemed to be a waiver of that party's rights under this License, nor in any way effect the validity of the whole or any part of this License, nor prejudice that party's rights to take subsequent action. 9.4 Business users only: This License constitutes the entire agreement and understanding between the parties with respect to its subject matter, and the terms of the License shall supersede any previous agreements (whether written or oral). 9.5 In the event that any of the terms contained in the License shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term shall to that extent be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law. 9.6 For the avoidance of doubt, nothing in this License is intended to confer on any third party any benefit or right to enforce the terms of this License. 9.7 This License shall be governed by and construed in accordance with the laws of England and shall be subject to the exclusive jurisdiction of the English courts.
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