PasswordVault
Enterprise Edition
License Agreement
Lava Software
Pty. Ltd
SOFTWARE LICENSE AGREEMENT FOR PASSWORDVAULT ENTERPRISE EDITION (PASSWORDVAULT)
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY
BEFORE USING THE PASSWORDVAULT SOFTWARE
("SOFTWARE").
BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS
OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE,
DO NOT USE THE SOFTWARE.
1. General. The software,
documentation and any fonts accompanying this License whether on
disk, in read only memory, on any other media or in any other form
(collectively the "Software") are licensed, not sold, to you by
Lava Software Pty. Ltd. ("Lava Software") for use only under the
terms of this License, and Lava Software reserves all
rights not expressly granted to you. The rights granted herein are
limited to Lava Software's and its
licensors' intellectual property rights in the Software and do not
include any other patents or intellectual property rights. You own
the media on which the Software is recorded but Lava Software and/or Lava Software's licensor(s)
retain ownership of the Software itself. The terms of this License
will govern any software upgrades provided by Lava Software that replace
and/or supplement the original Software product, unless such
upgrade is accompanied by a separate license in which case the
terms of that license will govern.
2. Permitted License Uses and
Restrictions. This License gives you the non-exclusive,
non-transferable right to install and use the Software on two
devices; devices include laptop computers, desktop computers, and
portable storage units such as USB memory sticks. Except as and
only to the extent expressly permitted in this License or by
applicable law, you may not copy, decompile, reverse engineer,
disassemble, modify, or create derivative works of the Software or
any part thereof. THE SOFTWARE IS NOT INTENDED FOR USE IN THE
OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR
COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT
MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE SOFTWARE
COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR
ENVIRONMENTAL DAMAGE.
3. Consent to Use of Data. You
agree that Lava Software and its
subsidiaries may collect and use technical and related
information, including but not limited to technical information
about your computer, system and application software, and
peripherals, that is gathered periodically to facilitate the
provision of software updates, product support and other services
to you (if any) related to the Software and to verify compliance
with the terms of this License. Lava Software may use this
information, as long as it is in a form that does not personally
identify you, to improve our products or to provide services or
technologies to you.
4. Termination. This License
is effective until terminated. Your rights under this License will
terminate automatically without notice from Lava Software if you fail to
comply with any term(s) of this License. Upon the termination of
this License, you shall cease all use of the Software and
destroy all copies, full or partial, of the Software.
5. Disclaimer of Warranties.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE (AS
DEFINED ABOVE) AND SERVICES IS AT YOUR SOLE RISK AND THAT THE
ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND
EFFORT IS WITH YOU. THE SOFTWARE AND SERVICES ARE PROVIDED "AS
IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LAVA
SOFTWARE AND LAVA SOFTWARE'S LICENSORS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE
SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR
CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS
FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND
NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LAVA SOFTWARE DOES NOT WARRANT
AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE OR
SERVICES, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE OR SERVICES
WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE OR
SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN
THE SOFTWARE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY LAVA SOFTWARE OR AN LAVA SOFTWARE AUTHORIZED
REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE OR
SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON
APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION
AND LIMITATIONS MAY NOT APPLY TO YOU.
6. Limitation of Liability. TO
THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LAVA SOFTWARE BE LIABLE FOR
PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION
OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR
RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE OR SERVICES,
HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT,
TORT OR OTHERWISE) AND EVEN IF LAVA SOFTWARE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT
APPLY TO YOU. In no event shall Lava Software's total liability to
you for all damages (other than as may be required by applicable
law in cases involving personal injury) exceed the amount of fifty
dollars ($50.00). The foregoing limitations will apply even if the
above stated remedy fails of its essential purpose.
7. Controlling Law and Severability.
This License will be governed by and construed in accordance with
the laws of the State of South Australia, as applied to agreements
entered into and to be performed entirely within South Australia between South Australian residents. This
License shall not be governed by the United Nations Convention on
Contracts for the International Sale of Goods, the application of
which is expressly excluded. If for any reason a court of
competent jurisdiction finds any provision, or portion thereof, to
be unenforceable, the remainder of this License shall continue in
full force and effect.
8. Complete Agreement; Governing
Language. This License constitutes the entire agreement
between the parties with respect to the use of the Software
licensed hereunder and supersedes all prior or contemporaneous
understandings regarding such subject matter. No amendment to or
modification of this License will be binding unless in writing and
signed by Lava Software. Any translation of this License is done
for local requirements and in the event of a dispute between the
English and any non-English versions, the English version of this
License shall govern.
9. Trademarks. 'PasswordVault'
is
a trademark of Lava Software Pty. Ltd.
10. Company information.
Lava Software Pty. Ltd.
GPO Box 215, Adelaide, Australia, 5001
service@lavasoftware.com
http://www.lavasoftware.com
Australian Company Number (ACN): 078 013 902
Registered address: 92B Prospect Road, Prospect, SA, Australia,
5082
(Note: this is not a postal, delivery or showroom address)