This EULA (End User License Agreement) is a legal agreement between you (either an individual or an entity), the end user, and EduLib S.R.L. for the use of CERTivity KeyStores Manager Software, its enhancements/derivatives and all supporting documentation (the "Software"). PLEASE READ THIS EULA CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. By obtaining the Software, you agree to comply with the terms and conditions of this license. Installing and using the Software will signify your agreement to be bound by these terms and conditions. If you do not agree to these terms and conditions, do not continue installing the Software or do not continue using the software and destroy all its copies.
This is a license agreement and not an agreement for sale.
- "EduLib" means EduLib S.R.L.;
- "Software" means the executable code of CERTivity KeyStores Manager Software, its enhancements/derivatives and all supporting documentation;
- "Agreement" means this End User License Agreement;
- "License" means the permission granted by EduLib to use the licensed Software product.
Grant of License
The Software product is owned by EduLib. It is licensed, not sold.
The Software product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. EduLib reserves all intellectual property rights, including copyrights and trademark rights.
This License permits you to use a single copy, or multiples copies if you are the only user of the Software product identified above. According to your order, the Software is licensed as a single product, to an individual user for Single User License, or group of users for Multi-User License. This Agreement requires that each user of the Software be licensed, either individually, or as part of a group. A Multi-User License provides for a specified number of users to use this Software at any time. This does not provide for concurrent user Licensing. Each user of this Software must be covered either individually, or as part of a group Multi-User License. The Software is in use on a computer when it is loaded into the temporary memory (i.e. RAM) or installed into the permanent memory (e.g. hard disk) of that computer. This Software may be installed on a network provided that appropriate restrictions are in place limiting the use to licensed users only.
Backup Copy: You may make copies of the Software product and the Software product License as reasonably necessary for the use authorized above, including as needed for backup and/or archival purposes. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software product.
The above apply for: Trial License, Standard License and Professional License of the Software.
Restricted Use for Evaluation
This Software product can be used in conjunction with a free evaluation Software License. During the evaluation period, EduLib grants you a limited, non-exclusive, non-transferable, non-renewable License to copy and use the Software for 30 days evaluation purposes only and not for any commercial use. At EduLib discretion, EduLib may provide limited support through email or discussion forums at EduLib web site. Evaluation Software has been limited in some way either through time outs, restricted use or evaluation warnings. EduLib bears no liability for any damages resulting from use (or attempted use after expiration) of the Software product, and has no duty to provide any support before or after the expiration date of an evaluation License.
On or before expiry of the evaluation period you may pay a License fee to obtain the right to use the Software for extended use. If you do not pay such a fee you must destroy all copies of the Software.
EduLib may provide you with support services related to the Software product according to your order.
Any supplemental software code or related materials that EduLib provides to you as part of the support services, in periodic updates to the Software product or otherwise, is to be considered part of the Software product and is subject to the terms and conditions of this Agreement.
With respect to any technical information you provide to EduLib as part of the support services, EduLib may use such information for its business purposes without restriction, including for product support and development. EduLib will not use such technical information in a form that personally identifies you without first obtaining your permission.
Technical support is provided via electronic mail at the following address: email@example.com . EduLib will use its best efforts to provide you with technical support within 2 working days of your request. Please check our web site to find our latest contact information.
Even if the Software is provided free of charge during the Trial Period to allow potential customers to evaluate and test it before paying the License fee, EduLib allows for 30 days money refund. This refund policy does not apply when the payment is done via Purchase Order.
You may not use, copy, or distribute the Software product, except as granted by this Agreement, without written authorization from EduLib.
You may not tamper with, alter, or use the Software product in a way that disables, circumvents, or otherwise defeats its built-in licensing verification and enforcement capabilities.
You may not remove or alter any trademark, logo, copyright or other proprietary notice, legend, symbol or label in the Software product.
You may not modify or create derivative copies of the Software License.
You may not reverse engineer, decompile, defeat License encryption mechanisms, or disassemble the Software product or the Software License Key (File).
You may not modify the Software or create derivative works based upon the Software.
You may not rent, lease, lend, or in any way distribute or transfer any rights in this Agreement or the Software product to third parties without EduLib's written approval, and subject to written agreement by the recipient of the terms of this Agreement.
High Risk Activities
The Software product is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, in which the failure of the Software product, or any software, tool, process, or service that was developed using the Software product, could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly, EduLib and its suppliers and licensors specifically disclaim any express or implied warranty of fitness for High Risk Activities. You agree that EduLib and its suppliers and licensors will not be liable for any claims or damages arising from the use of the Software product, or any software, tool, process, or service that was developed using the Software product, in such applications.
Third Party Rights
Any software provided along with the Software that is associated with a separate license agreement is licensed to you under the terms of that license agreement. This license does not apply to those portions of the Software. Copies of these third party licenses are included in all copies of the Software.
Laws and Regulations
According to the EU Export regulations, the Software is not classified as a dual use 5D002.c product as all its functionalities qualifies it for the exceptions from category 5A002.a.1, which means no export control because actually the product is not a dual use one according to the EU COUNCIL REGULATION (EC) No 428/2009 of 5 May 2009. This conclusion was reached through a consultancy with the Romanian National Authority for Export Controls (ANCEX).
Nevertheless users are advised and agree that they must come to fully understand, respect and comprehend the cryptographic functionality found in the licensed Software and must agree and undertake to comply with any laws of their forum pertaining to said cryptographic functionality.
You hereby also acknowledge that:
- you have obtained the Software directly from EduLib, through its Romanian-based web site;
- the Software developed by EduLib is of Romanian origin and therefore subject to Romania's and European Union's laws, rules and regulations.
You hereby irrevocably declare and agree that the Software you obtained from http://www.edulib.com:
- is publicly available, without restriction except the normal copyright ones by means of electronic transactions and a web download;
- has cryptographic functionality that cannot be easily changed by you;
- is installable by you without substantial support from EduLib; and
- details of the product is available in the documentation included in the product, as well as available without restriction on EduLib site.
You hereby warrant that:
- you are allowed to obtain a copy of this Software at your location or in your forum or territory;
- your installation and usage of this Software conforms to your country's applicable laws and regulations;
- you will ensure that users having access to your copy of this Software will abide by the applicable laws and regulations; and
- you undertake to defend and indemnify EduLib (including assuming EduLib attorneys fees) if you violate any laws or regulations pertaining to cryptographic software or functionality;
- you have the obligation to obtain at your own expense any license or authorizations required by any legal authority for acquisition, delivery or use of the products, and if necessary produce evidence to EduLib. You should be liable for all expenses or charges incurred by EduLib from your failure to obtain such license or authorizations.
You have ensured with the above mentioned evaluation version that the Software works according to your requirements and the advertised features. EduLib disclaims all warranties for deficiencies that are reasonably discoverable with the evaluation version of the Software. You acknowledge that the Software cannot be completely error-free. EduLib disclaims all warranties regarding non-severe deviations of the advertised features of the Software. EduLib and its third party suppliers and licensors disclaim all other representations, warranties, and conditions, expressed, implied, statutory, or otherwise, including, but not limited to, implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, title, and non-infringement. The entire risk arising out of use or performance of the Software product remains with you.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall EduLib or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use or inability to use the software, the provision of or failure to provide support services, or otherwise under or in connection with any provision of this Agreement, even in event of fault, tort (including negligence), strict liability, breach of contract or breach of warranty of EduLib or any supplier, and even if EduLib or any supplier has been advised of the possibility of such damages.
Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you. In such states and jurisdictions, EduLib's liability shall be limited to the greatest extent permitted by law and the limitations or exclusions of warranties and liability contained herein do not prejudice applicable statutory consumer rights of person acquiring goods otherwise than in the course of business. The disclaimer and limited liability above are fundamental to this Agreement between EduLib and you.
EduLib reserves the right at any time to cease the support of the Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Software.
This Agreement embraces the full and complete understanding of the parties as to the subject matter hereof and may not be diluted or modified except by written amendment which expressly refers to this Agreement and which is duly executed by both parties.
This Agreement is to be governed by and construed in accordance with Romanian laws.
The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
If you have any questions about this Agreement, or if you want to contact EduLib for any reason, please email to firstname.lastname@example.org.
Changes to our License Agreement
If we decide to change our License Agreement, we will post those changes on http://www.edulib.com/products/keystores-manager/license/, and update the License Agreement modification date below.
This agreement was last modified on 15th January 2014.