THE FOLLOWING SOFTWARE LICENSE PERTAINS TO PASSWORD SENTRY. 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, Password Sentry ("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 Product."
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.
Limited Warranty. 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 error-free.
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
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 state.
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 HEREUNDER.
General.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 consists of (1) Priority Support which guarantees a response time of 24 hours via our Priority Support Ticket System (PSTS), and (2)
Regular Support which has response times in the 48 - 72 hour time range via Regular Support Forum. After the first year, an annual Priority Support renewal fee of $24.95
is required per domain to continue to receive Priority Support in addition to Regular Support. We cannot guarantee technical support for modified software.
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.
Refund Policy. 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
Password Sentry website thereby preventing you from downloading the product, or requesting installation. Refunds will also be honoured if Password Sentry 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 Password Sentry 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.
Installation Policy. If you need assistance with installation, please request support in the Support Forums. If you desire that we install the Software, there is
no fee for installation services. However, we do charge a fee if we reinstall the Software for you (whether on the same server, or another server). Installation
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
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.
The re-installation fee covers the initial installation of a single instance of the script; any additional installations will require an additional fee.
Upgrade Policy. Upgrades are free for the lifetime of the app.
Confidentiality Policy. 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.