Software End-User License Agreement
Last Updated: January 27, 2008
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE INSTALLING THE SOFTWARE. BY INSTALLING 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, YOU ARE NOT AUTHORIZED TO INSTALL THE SOFTWARE AND MUST IMMEDIATELY RETURN AND/OR DELETE THE SOFTWARE.
This End-User License Agreement ("Agreement") is made between TrustMe Security Inc., a duly incorporated company under the laws of the Province of New Brunswick, Canada, ("TrustMe"), and you (the "End-User"). TrustMe is the owner of Software as defined below and wishes to license the Software to the End-User on the terms and conditions set forth in this Agreement. All rights not specifically granted in this Agreement are reserved by TrustMe.
TrustMe may from time to time modify this Agreement and will post a copy of the amended agreement online at the following address:
http://www.trustmesecurity.com/eula
If you do not agree to (or cannot comply with) the Agreement as amended, your only remedy is to stop using the software. You will be deemed to have accepted the Agreement as amended if you continue to use the software after any amendments are posted.
THEREFORE, the parties hereto agree as follows:
A. Definitions
The following words, phrases, or terms in this Agreement shall have the following meaning:
- "End-User Address" shall mean the End-User's email address which is submitted to TrustMe through the TrustMe Security web site or TrustMe authored Software, as defined below, during a registration process for use of the Software.
- "Software" shall mean any version of the TrustMe proprietary Software labeled "TrustMe", the object code versions of which is downloaded by the End-User from the TrustMe Website or affiliated web sites, together with the graphics, sound bytes, and related information and services may be provided by TrustMe with such Software, and all updates with respect thereto.
- "Term" shall mean the period of time commencing upon installation of the Software and ending upon removal of the Software or violation of the agreement.
- "Trademarks" shall mean TrustMe proprietary trademarks and trade-names, whether registered or not, including, but not limited to the TrustMe badge and Timmy mark.
- "TrustMe Website" shall mean all web sites, whether explicitly listed or not, operated by TrustMe from which the End-User accesses information, downloads the Software, or consumes web services.
- "Consume" shall mean to communicate with services (web based or otherwise) in the manner defined by the Software.
- "Infrastructure" shall mean all hardware and software running on this hardware supplied to provide service to TrustMe proprietary Software.
B. Grant of Rights
Upon installing the Software, TrustMe hereby grants to the End-User, and the End-User hereby accepts from TrustMe, a personal, limited, non-exclusive, non-transferable license to install the Software on the End-User's computer and use the Software during the Term solely in association with the End-User Address for the purpose of authenticating websites, encrypting/decrypting email, encrypting/decrypting computer files, and are subject to the terms and conditions of this Agreement.
Except as expressly authorized in this Agreement, no other rights are granted to the End-User and the End-User covenants not to make any other use of the Software whatsoever, including but not limited to, copying, decompiling, reverse engineering, disassembling, modifying, renting, leasing, loaning, distributing, or creating derivative works from the Software.
TrustMe grants to the End-User the right to Consume the web services provided by TrustMe only from the Software.
Except as expressly authorized in this Agreement, no other rights are granted to the End-User to make any other unauthorized use of these web services or supporting infrastructure without written consent from TrustMe.
The term of this Agreement shall commence upon the End-User's installation of the Software, and shall continue until terminated in accordance with the stipulated terms as defined in the Term and Termination section of this agreement.
C. Trademark Restrictions
The Software and the Trademarks are owned by TrustMe and are protected by Canadian intellectual property laws and applicable international laws, treaties, and/or conventions. TrustMe (and its licensors) own and retain all right, title and interest in and to the Software and Trademarks. The End-User agrees to use its best efforts to protect the Software and Trademarks from unauthorized use, reproduction, distribution or publication. The End-User shall not during or at any time after the expiry or termination of this Agreement in any way question or dispute the ownership thereof by TrustMe.
The End-User acknowledges that any breach of this Section by the End-User shall cause TrustMe irreparable harm; accordingly, in addition to any legal remedies available to TrustMe for losses or damages resulting from such breach, TrustMe shall have the right to seek a restraining order, injunction, specific performance, or other equitable relief (or the equivalent of any such relief, though known or designated by some other name or term) from any court of competent jurisdiction.
D. Updates and Protection of Personal Information
Upon installation of the Software, the End-User will have the option of obtaining periodic updates of the Software, which updates will be down-loaded from the TrustMe Website after notification to the End-User. TrustMe does not obtain any personal information in the process of conducting an installation of an update to the Software but TrustMe may use this as an opportunity to provide to you information about related services or products available by TrustMe. In electing to receive updates, an End-User consents to the automatic notification of updates to the Software and the receipt of additional information about products or services provided by TrustMe.
As a condition of using the Software, the End-User must provide a valid email account to TrustMe and limited information will be collected by TrustMe as a consequence of the End-User's use of the Software. All information collected as a consequence of use of the Software will be governed by the TrustMe privacy policy (the "Privacy Policy") available online at the following address:
http://www.trustmesecurity.com/privacy
By using the Software, the End-User is deemed to have read and consented to the Privacy Policy without further qualification.
E. Term and Termination
TrustMe may terminate this Agreement, for any reason, upon notice to the End-User.
Upon termination of this Agreement, regardless of the reason, the End-User shall cease using the Software in any form. The End-User hereby agrees that all provisions which operate to protect the rights of TrustMe, and its proprietary interest in and to the Software and the Trademarks shall survive termination, regardless of the cause.
F. Warranty and Limited Liability
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH THE END-USER. IF THE SOFTWARE PROVES DEFECTIVE, THE END-USER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS LIMITATION MAY NOT APPLY TO THE END-USER.
IN NO EVENT SHALL TRUSTME, ITS EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, AND ASSIGNS, BE LIABLE TO THE END-USER OR ANY THIRD PARTY, FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, OR ANY OTHER DAMAGES WHICH MAY BE SUFFERED BY AN END-USER OR A THIRD PARTY AS A CONSEQUENCE OF USING THE SOFTWARE, PROVIDING FEEDBACK, OR REVIEWING FEEDBACK FROM OTHER USERS, (COLLECTIVELY REFERRED TO HEREIN AS "CLAIMS") WHETHER SUCH CLAIMS ARISE IN AN ACTION IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE, ACCESS TO THE TRUSTME WEBISTE, PROVISION OF OR FAILURE TO PROVIDE SERVICES OR INFORMATION AVAILABLE FROM THE SOFTWARE OR THE SERVICES.
G. Governing Law
This Agreement is governed by the laws of the Province of New Brunswick, Canada.
H. General
No agency, partnership, joint venture, or other business organization is created by this Agreement.
The Software is subject to export and import restrictions. The software is available for import worldwide with the exception of an export restriction to the country of Myanmar. End-Users must comply with all domestic and international export laws and regulations that apply to the Software, including restrictions on destinations, end-users and use. End-Users, not TrustMe, are responsible for determining the applicable export restrictions.
This Agreement shall be binding on and inure to the benefit of TrustMe and its successors and assigns. This Agreement may not be transferred or assigned by the End-User without the prior written consent of TrustMe; any attempt by the End-User to transfer or assign the Agreement or its rights hereunder shall constitute a material breach of this Agreement.
In the event any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.
The waiver by either party of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach.
This Agreement may not be modified or amended except by the consent of TrustMe and on notice to End-Users.
This Agreement constitutes the complete agreement between the parties and supersedes all prior agreements, written or oral, concerning the subject matter of this Agreement.
Any notice required or permitted under the terms of this Agreement or required by statute, law or regulation shall (unless otherwise provided) be in writing and shall be delivered in person, or sent by email. Any such notice shall be in the English language and shall be considered to be property of TrustMe.
L. Inquiries
TrustMe Security Inc.
264 Botsford Street, Suite 200
Moncton, New Brunswick Canada E1C 4X7
If you have any questions, comments or concerns regarding this Agreement you may write to TrustMe for more information at the address above.