THE FOLLOWING SOFTWARE LICENSE PERTAINS TO PASSWORDSENTRY. PLEASE READ THE FOLLOWING
TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING / INSTALLING THE SOFTWARE. PURCHASING / INSTALLING THE
SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
In this license agreement ("License Agreement"), you, the purchaser of the license rights granted by this
Agreement, are referred to as "Licensee" or "You." In accordance with the terms and conditions of this
License Agreement, PasswordSentry ("Licensor" or "us" or "we") grants Licensee the non-exclusive
license to use the accompanying software ("Software") and documentation ("Documentation"). In this License
Agreement, the Software and Documentation and any copies or modifications are referred to as the "Licensed
All rights to and in the Licensed Product, all copies and derivative works, including, but not limited to,
copyrights and trade secret rights, belong to Licensor and Licensor holds title to each copy of the Software.
The Software shall only be used in conjunction with one website. Licensee is required to purchase additional
licenses of the Licensed Product for each additional website. Additional licenses can be purchased at
discounted prices. Use of the Software on more than one website without proper licensing will result in
termination of all of Licensee's rights to use the Licensed Product. Licensee shall not transfer or
distribute the Licensed Product to others, and this Agreement shall automatically terminate in the event
of such a transfer or distribution. Licensee shall not copy, modify or create derivative works the
Licensed Product, except as provided for herein and to make one copy the Software for the sole purpose of
backup as long as all copyright and other notices are reproduced and included on the backup copy.
Term and Termination.
This License Agreement is effective until terminated. Licensor may terminate
this License Agreement if Licensee breaches any of the terms and conditions contained herein. Upon
termination of this License Agreement for any reason, Licensee shall return the Licensed Product to Licensor
and permanently destroy all copies of the Licensed Product. All provisions of this Agreement relating to
disclaimers of warranties, limitation of liability, remedies, or damages, and Licensor proprietary rights
shall survive termination.
Restrictions On Transfer and Use.
Licensee may not transfer, in whole or in part, the Licensed
Product to any third party, including a transfer contemporaneously with the sale of the website, assets
or stock of Licensee. Any attempt to sub-license, assign, or transfer any of the rights, duties, or
obligations hereunder is void. Use of the Software for remote hosting of CGI scripts is forbidden, and
may result in termination of your License Agreement.
Licensor does not warrant that the functions contained in the Licensed Product will
meet Licensee's requirements or that the operation of the Software will be uninterrupted or
THE LICENSED PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NONINFRINGEMENT. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR
REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS
TO THE QUALITY AND PERFORMANCE OF THE LICENSED PRODUCT IS WITH LICENSEE.
Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
This warranty gives you specific legal rights, and you may also have other rights that vary from state to
Limitation Of Liability.
LICENSOR'S SOLE OBLIGATION OR LIABILITY UNDER THIS AGREEMENT IS THE
REPLACEMENT OF DEFECTIVE MEDIA. IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL,
PUNITIVE, DIRECT OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, OR LOSS OF PROFITS
OR LOST SAVINGS OR LOSS OF USE, ARISING OUT OF USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION OR
FOR ANY INSTALLATION SERVICES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR
FOR ANY CLAIM BY ANY THIRD PARTY. IF LICENSOR IS FOUND LIABLE FOR DAMAGES BY A COURT OF LAW, THEN THE
MAXIMUM, IN THE AGGREGATE, OF DAMAGES SHALL BE THE AMOUNT THE PAID BY THE LICENSEE TO LICENSOR
Any attempt to sub-license, assign or transfer any of the rights, duties or obligations
hereunder is void. This Agreement shall be governed by and interpreted under the substantive and procedural
laws of the Province of British Columbia, Canada, without regard to conflicts of provisions. All disputes
shall be resolved in the courts located in Vancouver, British Columbia, Canada. Licensee's obligations
hereunder shall at all times be subject to the export control laws and regulations mandated by the
Federal Government. You agree that you will comply with all export control laws and regulations.
Technical Support Policies.
Technical support is provided to Premium clients subscribed to the
paid Premium Plan: via Priority Support in Client Area which guarantees a response time of 24 hours via
our Priority Support Ticket System (PSTS). We also offer community support forum for Regular Support for
those on both Essential (free) and Premium (paid) plans. We cannot guarantee technical support for
modified software, or threads in Regular Support.
We do not provide telephone technical support at this time. Technical support is only provided for problems
you encounter with the Software itself (error messages, permissions problems, etc.). If you alter or modify
the Software which results in the Software ceasing to function or not to function properly, there might be an
additional fee if you require us to correct the error.
Refunds will be honoured either when a purchase is not processed in a timely manner
or in the event of an unresolvable technical difficulty which prevents access to a PasswordSentry website thereby preventing you from downloading the product, or requesting installation. Refunds will also
be honoured if PasswordSentry cannot be installed on your server. To receive a refund, customers
must first obtain approval via email by describing and attempting to resolve the technical problem within
30 days of purchase. Upon authorization for the refund, the CLIENT will be contacted via email to supply
the necessary information to complete the refund. After 30 days, no refunds will be honoured, under any
circumstances. Any refunds or charge-backs processed without the consent of PasswordSentry will result in legal action against you for software piracy. We take this issue very seriously, and have
no tolerance for those who pirate software products.
We charge a fee to Essential (free) Plan subscribers for installation. Free
service for Premium (paid) Plan subscribers: for an unlimited number of domains, but only once per
We charge a fee to both Essential (free) and Premium (paid) Plan subscribers for reinstallation.
Upgrades are free to download for the lifetime of the app for those on both
Essential (free) and Premium (paid) Plans. However, we charge an additional fee if you request that we
perform the upgrade: applies to both Essential (free) and Premium (paid) Plans.
Installation, upgrade, and reinstallation consists of us asking you a series of questions, getting your
server login information, uploading all required files, setting all the variables, and making sure the
script is operating properly within your server capabilities. Once that is completed, we will contact
you with the information you need to begin working with the Software.
By providing your login information to us for installation services you are authorizing us to access
your website, make changes, create directories, upload files and all other necessary actions to get
the software installed and operating pursuant to our standard specifications. Additionally, you are
permitting us to retain the login information for future technical support, should it be needed and
for removal of the Software in the event your license is terminated pursuant to the terms hereof.
You will indemnify and hold us harmless for all damages that arise from our access to your site and
hold us harmless for, and hereby expressly assume all risk for, any violation of your agreement with
your website host or provider. Installation services are only available for Unix and Linux servers.
We do not offer installation services for Windows NT/2000, or non-Unix / non-Linux servers.
Your personal information will be kept confidential and will not be disclosed
to a third party unless we are presented with a court order ordering us to do so. The Software may enable
collection of personally identifiable information and you as the CLIENT are solely responsible for
compliance with the Children's Online Privacy Protection Act.