ExcelSentry END-USER SOFTWARE LICENSE AGREEMENT
1. ACCEPTANCE OF THIS LICENSE AND ITS CONDITIONS. Please read this License Agreement carefully before installation. By installing or using the Software you agree to become bound by the terms of the license. If you do not agree with the terms, do not continue the installation.
You are licensed to use this Software on the following terms and conditions:
2. GRANT OF LICENSE. Software Security Limited (the Licensor) hereby grants the licensee (you) a non-exclusive right to access and use one copy of the Excel Sentry software program, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation (all of which comprises the "Software") on a single computer. A license for the Software may not be shared, installed, or used concurrently on different computers.
3. COPYRIGHT. The Software is owned by the Licensor and is protected by copyright laws and international treaty provisions. You must therefore treat the Software like any other copyrighted material (for example, a book or musical recording) except that you may either (a) make one copy of the Software solely for backup or archival purposes, or (b) transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes. If the terms of this license are broken at any time or in any way, this license is automatically revoked. No rights or licenses are granted other than those set forth in this License Agreement.
4. TERMINATION. The license will terminate automatically if you fail to comply with its terms and conditions. You may terminate the license at any time at your election. Upon termination for any reason, you agree to destroy the original and all copies of the Software and all of its component parts, and cease all further use of it.
5. OTHER RESTRICTIONS. This license is solely between the Licensor and you. You may not rent or lease the Software, or transfer it to another party without written permission from the Licensor. The Software contains trade secrets and, to protect them, you may not reverse engineer, decompile, disassemble, or otherwise reduce the Software to a human-perceivable form.
6. ENHANCEMENTS AND UPDATES. From time to time, at its sole discretion, the Licensor may provide enhancements, updates, or new versions of the Software on its then standard terms and conditions thereof. This License Agreement shall apply to such enhancements.
7. NO WARRANTIES. The Licensor expressly disclaims any warranty for the Software. Even though the Licensor has tested the Software and reviewed the contents of any related documentation, the Software and any related documentation are provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and noninfringement. The entire risk arising out of use or performance of the Software remains with you.
8. NO LIABILITY FOR DAMAGES. In no event shall the Licensor be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if the Licensor has been advised of the possibility of such damages. Nothing herein is intended to exclude, restrict or modify any rights, conditions or warranties implied by law and which by law cannot be excluded, restricted or modified.
9. US GOVERNMENT RESTRICTED RIGHTS. The Software has been developed at private expense and is "commercial computer software" or "restricted computer software" within the meaning of the FARs, the DFARs, and any other similar regulations relating to government acquisition of computer software. Nothing contained herein will be deemed to grant any government agency any license or other rights greater than are mandated by statute or regulation for commercial computer software developed entirely at private expense.
10. NEW ZEALAND LAW. This License Agreement is deemed
to have been made in New Zealand and is governed by New Zealand law. Any
dispute relating to this License Agreement shall be referred to the New Zealand
courts and the New Zealand courts shall have jurisdiction to hear and determine