Cypherix End User License Agreement

License Agreement

END USER LICENSE AGREEMENT FOR CYPHERIX SOFTWARE (INDIA) LLP

IMPORTANT-READ CAREFULLY: This document is a legal agreement between you (an individual or business) and CSILP. Be sure to carefully read and understand all of the rights and restrictions described in this Cypherix Software End-User License Agreement ("EULA"). You will be asked to review and either accept or not accept the terms of the EULA. This software will not install on your computer unless or until you accept the terms of this EULA. Your click of the "yes" button is a symbol of your signature that you accept the terms of the EULA. Read this license agreement carefully before evaluating/using this product. By using this product you indicate your acceptance of the terms of the following agreement. These terms apply to you and any subsequent evaluee or licensee of this product.

Cypherix Software retains the ownership of this Copy and any subsequent copies of the Product. Cypherix Software retains all rights not expressly granted. None of the of the program (including the documentation) may be copied, removed or altered, in whole or part, for any unauthorized use.

The Software and accompanying documentation are being licensed to you, which means you have the right to use the Software only in accordance with this License Agreement.

This license is personal to you. You may not sublicense, lease, sell, or otherwise transfer the Software or any of the accompanying documentation to any other person. You may use the Software only for your own personal use if you are an individual, or for your own internal business purposes if you are a business.

Nothing in this License Agreement constitutes a waiver of Cypherix®'s rights under Indian copyright law and all other applicable laws. This license is non-exclusive. This License and your right to use the Product automatically terminate without notice from Cypherix® if you fail to comply with any provision of this License Agreement or any terms and Conditions associated with the sale/evaluation of this Product. Upon termination, you will destroy all documentation and software components.

This copy is licensed to you for use under the following conditions:

Prohibited Uses: You may not rent, sub-license, or lease the Product or documentation; alter, modify, or adapt the Product or documentation, or portions thereof including, but not limited to, translation, decompiling, disassembling, or creating derivative works.

Limited Warranty: This software is sold "as is" and without any warranty as to merchantability or fitness for a particular purpose or any other warranties either expressed or implied. Cypherix® will not be liable for data loss, damages, loss of profits or any other kind of loss while using or misusing this software. Except as specifically provided above, Cypherix® makes no warranty or representation, either express or implied, with respect to the product, including its quality, performance, merchantability, or fitness for a particular purpose. In no event, will Cypherix® be liable for direct, indirect, special, incidental, or consequential damages arising out of the use or inability to use the product or documentation, even if advised of the possibility of such damages. In no case shall Cypherix®'s liability exceed the amount of the license fees, if any, paid.

EXCLUSION OF ALL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CYPHERIX BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT IMITATION, DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, FOR LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE ARE, FOR NEGLIGENCE, AND FOR ANY PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CYPHERIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES SHALL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

The warranty and remedies set forth above are exclusive and in lieu of all others, oral or written, express or implied. SSIPL does not warrant that the program will satisfy the requirements of your computer system, or that the program or its documentation are without defect or error, or that the operation of the program will be uninterrupted. No Cypherix® distributor, dealer, agent, or employee is authorized to make any warranty for the program.

This License Agreement constitutes the entire agreement between you and Cypherix®. This Agreement is governed by the laws of India under Mumbai Jurisdiction. Any litigation rising from this license will be pursued only in courts located in Mumbai. Even if part of the agreement is held invalid, the rest of the agreement is still valid, binding and enforceable.

The Licensee understands and accepts that, without a password, the licensee cannot access the encrypted data, i.e. if you forget the password, your encrypted data cannot be recovered. Cypherix® cannot help you if you have forgotten the password.

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