gentoo-zh/licenses/SINEW-EULA

 
End User License Agreement

This End-User License Agreement (the “EULA”) is a LEGAL AGREEMENT
between you (the “Licensee”, whether an individual or entity), and Sinew
Software Systems Pvt. Ltd. (the “Company”), the author of Enpass
Password Manager (the “Software”), which may include associated media,
printed materials, and “online” or electronic documentation.

By installing, copying, or otherwise using the Software, Licensee agrees
to be BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THIS EULA. If
Licensee does not agree to the terms and conditions set forth in this
EULA, then Licensee may not download, install, or use Software.

1. Definitions

“Company” shall refer to the licensor, Sinew Software Systems Pvt. Ltd.,
located at Gurugram, India and shall at all times own all intellectual
property rights in the Software.

“Licensee” shall mean user of Software (whether an individual or entity)
who downloads and uses the Software.

“User License” means each license granted to Licensee to allow an
individual to access the Software on his device or system. User License
could be of type “Free”, “Trial” or “Pro” and should be defined further
as

-   “Free” shall refer to type of _User License_ for which Licensee need
    not to pay any fee to Company to access the Software with all
    features as provided by Company in Software for any particular
    platform. It is the Company only who reserves the rights to decide
    and change the feature-set under the Free _User License_ for all
    platforms.
-   “Trial” shall refer to type of _User License_ for which Licensee
    need not to pay any fee to Company to access the Software with
    limited features as provided by Company in Software for any
    particular platform. It is the Company only who reserves the rights
    to decide and change the feature-set under the Trial _User License_
    for all platforms.
-   “Pro” shall refer to type of _User License_ for which Licensee have
    to pay fee to Company to access the Software with all features as
    provided by Company in Software for any particular platform. It is
    the Company only who reserves the rights to decide and change the
    feature-set under the Pro _User License_ for all platforms.

“Software” shall mean Enpass Password Manager, the deliverables provided
pursuant to this EULA which includes executable object code of software
programs and the patches, scripts, modifications, enhancements, designs,
concepts or other materials that constitute the software programs
necessary for the proper function and operation of the system as
delivered by the Company and accepted by the Licensee.

“App Store(s)” shall mean all or any platform specific marketplace(s),
recommended and used by Company to distribute the Software directly to
user’s device.

2. Grant of license

Installation and Use: Subject to the terms of this EULA, Company hereby
grants to Licensee a non-exclusive, non-transferable _User License_ to
possess and to use a copy of the Software. Software is being distributed
by Company’s website and various platform specific _App Store(s)._

-   Upon downloading each copy of the Software for DESKTOP PLATFORMS
    from Company’s website, Licensee is granted with _Free User License_
    and is permitted to download and use unlimited number of copies of
    Software on a shared desktop computer or concurrently on different
    computers, and make multiple back-up copies of Software, solely for
    Licensee’s personal or business use.
-   Software downloaded and installed on Mobile, Tablet or Desktop
    platforms from any _App Store(s)_ could have Free, Trial or Pro
    _User License._

Reproduction and Distribution: Only the Company reserves the rights to
distribute the software through its website and registered accounts on
_App Store(s)._ Although the Licensee may distribute an unlimited number
of copies of the Free version of Software, provided each copy shall be a
true and complete copy to its latest version as-is downloaded from
Company’s website, including all intellectual property notices, and
shall be accompanied by a copy of this EULA as long as Software is not
sold or included in a product or package that intends to receive
benefits through the inclusion of Software. Licensee may not rent, loan,
sub-license, or lease the Software to third parties. Any Licensee who is
associated with Company through any Partner program of Company to test
or use Software in his organization or entity must not distribute or
sell the Software outside the organization or entity for which he was
intended. Licensee further may not use the Software to act as a service
bureau or application service provider.

3. Intellectual Property

The Software as a whole is intellectual property of Company and is
protected by all applicable copyright laws and international treaties.
Therefore, Licensee is required to treat Software like any other
copyrighted material, except as otherwise provided for in this EULA.

4. Description Of Rights And Limitations

Limitations:

-   Licensee agrees to not attempt to reverse engineer, decompile,
    disassemble, re-engineer, derive or duplicate the Software or
    attempt to otherwise convert or alter the Software into human
    readable code, nor will it permit or help others to do any of the
    foregoing.
-   Licensee must not claim that the Software is his property.
-   Licensee must use the Software at all times in a manner that is
    consistent with the User License granted to Licensee.

Maintenance, Updates and Pricing: It is the Company who will decide the
timing and pricing of future updates for Software comprising of new
features, improvements and bug fixes.

5. Open-Source Notices

Certain components of the Software may be subject to open-source
software licenses (“Open-Source Components”), which means any software
license approved as open-source licenses by the Open Source Initiative
or any substantially similar licenses, including without limitation any
license that, as a condition of distribution of the software licensed
under such license, requires that the distributor make the software
available in source code format. The Software documentation and Software
itself includes copies of the licenses applicable to the Open-Source
Components. To the extent there is conflict between the license terms
covering the Open-Source Components and this EULA, the terms of such
licenses will apply in lieu of the terms of this EULA. To the extent the
terms of the licenses applicable to Open-Source Components prohibit any
of the restrictions in this Agreement with respect to such Open-Source
Component, such restrictions will not apply to such Open-Source
Component. To the extent the terms of the licenses applicable to
Open-Source Components require Company to make an offer to provide
source code in connection with the Product, such offer is hereby made,
and Licensee may exercise it by contacting support@enpass.io.

6. Support

The Company will provide the support for Software through-out the
lifetime of Software for Pro _User License_ through online mediums only;
limited to Email, Forums, Social media and Messaging but has no
obligation to support Software, or to continue provide updates for the
Software after the Software has been discontinued.

7. Warranty Disclaimer

THE SOFTWARE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. THOUGH
THE COMPANY WILL PROVIDE SUPPORT AS MENTIONED IN THE CLAUSE 7, BUT DO
NOT REPRESENT OR WARRANT THAT ALL ERRORS OR DEFECTS WILL BE CORRECTED.

THE USE OF OUR SOFTWARE WILL BE TIMELY, UNINTERRUPTED OR ERROR FREE, OR
OPERATE IN COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE, SYSTEM OR
DATA.

SOFTWARE WILL MEET ALL REQUIREMENTS OF LICENSEE. USE OF THE SOFTWARE IS
COMPLETELY AT LICENSEE’S SOLE RISK. COMPANY FURTHER DISCLAIMS ANY
IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE
OF THE SOFTWARE REMAINS WITH LICENSEE. SHOULD THE SOFTWARE PROVE
DEFECTIVE, LICENSEE (AND NOT COMPANY) ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING OR REPAIR.

8. Limited Liability

IN NO EVENT SHALL COMPANY OR ANYONE ELSE INVOLVED IN THE CREATION,
PRODUCTION, MARKETING, DISTRIBUTION, OR DELIVERY OF THE SOFTWARE, BE
LIABLE FOR ANY DAMAGES WHATSOEVER; INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF BUSINESS PROFITS, FOR BUSINESS INTERRUPTION, FOR
LOSS OF BUSINESS INFORMATION, OR FOR OTHER MONETARY LOSS, ARISING OUT OF
THE USE OF THE SOFTWARE OR THE INABILITY TO USE THE SOFTWARE, EVEN IF
LICENSEE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES WHATSOEVER, WHETHER IN A
CONTRACT ACTION, NEGLIGENCE OR OTHER TORT ACTION, OR OTHER CLAIM OR
ACTION, ARISING OUT OF, OR IN CONNECTION WITH, THE USE OR PERFORMANCE OF
THE SOFTWARE OR DOCUMENTS AND OTHER INFORMATION PROVIDED TO LICENSEE BY
COMPANY, OR IN THE PROVISION OF, OR FAILURE TO PROVIDE, SERVICES OR
INFORMATION.

9. Force Majeure

Under no circumstances will Company be held liable for any delay or
failure in performance resulting directly or indirectly from acts of
nature, forces, or causes beyond our reasonable control, including,
without limitation, Internet failures, computer equipment failures,
telecommunication equipment failures, other equipment failures,
electrical power failures, strikes, labor disputes, riots,
insurrections, civil disturbances, shortages of labor or materials,
fires, floods, storms, explosions, acts of God, war, governmental
actions, orders of domestic or foreign courts or tribunals, or
non-performance of third parties.

10. Privacy Policy

Company’s website’s Privacy Policy, as it may change from time to time,
is a part of this Agreement and hereby you confirm that you have read
that and agree with the terms of that.

11. Entire Agreement

This Agreement constitutes the entire agreement between Company and
Licensee and supersedes all prior understandings of Company and
Licensee, including any prior representation, statement, condition, or
warranty.

12. Termination

This EULA is effective until:

-   Automatically terminated if Licensee fails to comply with any of the
    terms and conditions set forth in this EULA.
-   Terminated by Company.

Upon termination, user must dispose of the Software and all copies or
versions of the Software by destroying the Software.