EzCrypt+ 2.01

EULA - End User License Agreement

LICENSE TERMS FOR EZCRYPT+

Please read this License Agreement before installing or using this software. When you install or use this software, you agree to be bound by the terms of this License. If you didn't obtain this copy of the software legally, please destroy the copy immediately. If you do not agree to these terms, promptly cease all further installation or use of the software.

DEFINITIONS

In this Agreement, "KMGI" means KMGI Software, Inc.; "LICENSE AGREEMENT" means this Agreement, including other documents incorporated herein by reference; "LICENSEE" means you, the licensee of the SOFTWARE; "SOFTWARE PRIVACY STATEMENT" means the Software Privacy Statement applicable to the KMGI software including EzCrypt+; "SOFTWARE" means the EzCrypt+ software.
LICENSE

In consideration of your undertaking to comply with the terms and conditions of this LICENSE AGREEMENT, KMGI grants you, LICENSEE, a non-exclusive license to use the SOFTWARE and to view the documentation on a single computer system. It is also agreed that the License granted to the LICENSEE is non-transferable. LICENSEE may not use the SOFTWARE on a network server or on more than one computer terminal at the same time. This Agreement does not grant LICENSEE any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights, functions or licenses in respect of the SOFTWARE.

COPYRIGHT AND RESTRICTIONS ON USE

The SOFTWARE contains copyrighted material and, in its human readable form, it contains trade secrets and proprietary information owned by or licensed to KMGI. Title to and ownership of the SOFTWARE and the documentation that accompanies the SOFTWARE and all intellectual property rights in the SOFTWARE and said documentation are and shall remain the sole property of KMGI and/or its licensors.

LICENSEE may not de-compile, reverse engineer, disassemble or otherwise reduce the SOFTWARE to human readable form. LICENSEE may not modify, rent, lease, loan the SOFTWARE or distribute copies of it. LICENSEE may not electronically transfer the SOFTWARE over a network, a telephone circuit or the Internet.

LICENSEE may not create derivative software based upon any trade secret or proprietary information of KMGI and/or its licensors. LICENSEE may not sub-license, assign or transfer this License. LICENSEE may not copy the printed information in the package. LICENSEE may not adapt or use any trademark or trade name which is similar to or likely to be confusing with that of KMGI or any of its licensors or take any other action which impairs or reduces the trademark rights of KMGI or of its licensors.

LICENSEE may make one copy of the SOFTWARE for backup or archival purposes, provided that LICENSEE duplicates the copyright notice and other identifying information on the disk's label and affixes such notice to the backup copy. LICENSEE may print a copy of the documentation from the disk only for LICENSEE's use for the sole purpose of operating the SOFTWARE.

LICENSEE further acknowledges that this License is not a sale or an assignment of KMGI's and/or its licensors' intellectual property rights in the SOFTWARE and the accompanying documentation and that KMGI and its licensors continue to own title to the SOFTWARE and copyright to the printed information.

NO WARRANTY

KMGI does not warrant, guarantee or make any representations that the functions contained in the SOFTWARE will meet LICENSEE's requirements or that the operation of the SOFTWARE will be uninterrupted or error-free. Any other software and any hardware furnished with or accompanying the SOFTWARE is not warranted by KMGI.

LIMITATION OF LIABILITY

THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR OF ANY OTHER TYPE, WHETHER EXPRESS OR IMPLIED, AND TO ANY REMEDY AGAINST KMGI AND/OR ITS LICENSORS, WHETHER IN CONTRACT, TORT, DELICT, QUASI-DELICT OR OTHERWISE. SOME JURISDIKMGIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES SO THE PRECEDING EXCLUSIONS MAY NOT APPLY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KMGI AND/OR ITS LICENSORS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR DIRECT OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT) ARISING OUT OF LICENSEE'S USE OR INABILITY TO USE THE SOFTWARE OR PRINTED INFORMATION ACCOMPANYING IT, WHETHER OR NOT KMGI AND/OR ANY OF ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST LICENSEE.

TERMINATION

This License shall remain in full force and effect unless and until terminated. This License will terminate immediately, automatically and without notice if LICENSEE fails to comply with any provision of this Agreement. Upon termination, LICENSEE must immediately stop using the SOFTWARE, erase or destroy all copies of the SOFTWARE, and destroy all printed information provided with the SOFTWARE.

ENTIRE AGREEMENT

This LICENSE AGREEMENT constitutes the entire agreement between LICENSEE and KMGI and supersedes any other prior agreements or communications regarding the SOFTWARE. If any provision of this agreement is held invalid, the remainder of this agreement shall continue in effect.

WAIVER

The failure by KMGI or any of its licensors to enforce at any time any of the provisions of LICENSE AGREEMENT, to exercise any election or option provided herein, or to require at any time the performance by LICENSEE of any of the provisions herein will not in any way be construed as a waiver of such provisions.

GOVERNING LAW

LICENSE AGREEMENT shall be governed and be construed in accordance with the laws of State of New York and the laws of the United States applicable therein.

SOFTWARE name and logo are registered trademarks of KMGI. Other product and brand names may be trademarks or registered trademarks of their respective owners.

KMGI Software, Inc.
2124 Broadway, Suite 339
New York, NY 10023
Fax: 212.202.4982