This End User License Agreement (“Agreement”) is a legal Agreement between you, the customer, and NewSoftwares.net, regarding the purchase, use, and installation of NewSoftwares’ Folder Lock Software and Secure Backup, a SaaS offering within the product (hereinafter collectively the “NewSoftwares’ Products”). In this Agreement, “you” and “your” refer to you, the customer and his or her agents, and “we”, “us” and “our” is herein collectively referred to as “NewSoftwares”, “NewSoftwares Inc.”, “NewSoftwares'”, “NewSoftwares.net”, “NewSoftwares.net”, “NewSoftwares.net, Inc”).
NEW SOFTWARES.NET IS WILLING TO ALLOW THE SALE AND USE OF THE NEWSOFTWARE’S PRODUCTS TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. BY ACCEPTING THIS AGREEMENT YOU ARE BINDING YOURSELF TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN NEW SOFTWARES.NET IS UNWILLING TO ALLOW THE SALE AND USE OF THE NEWSOFTWARE’S PRODUCTS TO YOU.
ANY PURCHASE OR USE OF ANY NEWSOFTWARE’S PRODUCTS WITHOUT AGREEING TO THE TERMS OF THIS AGREEMENT IS STRICTLY PROHIBITED.
If you use NewSoftwares’ Products in or from outside the United States of America, then you are responsible for compliance with applicable laws in your country when using the product.
Folder Lock is a software program that allows you to lock, hide, encrypt, backup encrypted files, shred files, clean history and protects portable devices offering full password protection of your files and folders. Folder Lock, apart from the Software itself, offers SaaS within the product to offer backup, restore and sync of the encrypted files kept inside the lockers. You can visit http://www.newsoftwares.net for more information.
Unless otherwise noted in this Agreement, and to the full extent allowed under any applicable laws, all terms and conditions of this agreement apply to purchases and use of any and all NewSoftware’s Products.
Subject to the terms of this Agreement, you are hereby licensed by NewSoftwares.net to use for evaluation purposes only one copy of Folder Lock per computer or workstation, without charge, for a period of 30 trial usages for the Folder Lock Software. If you want to continue touse Folder Lock after the 30 use evaluation period, you must acquire from NewSoftwares.net, for a fee, a license for Folder Lock and agree to pay the associated fee for the optional Secure Backup Service. Use of Folder Lock after the expiration of the 30-use evaluation period without acquiring such a license is outside the scope of this Agreement and a violation of U.S. and international copyright laws. If you do not purchase Folder Lock after the evaluation period is expired, your ability to protect, encrypt or backup new files will cease to function, however you will still be able to restore your files from Lock Files, Encrypt Files or Secure Backup, but never will be able to protect them again unless you purchase a license.
Conditioned upon compliance with the terms and conditions of this Agreement including the purchase of Folder Lock, NewSoftwares.net grants to you a non-exclusive and non-transferable license to use those NewSoftwares’ Products that you have purchased and their related Documentation. You may only use each single copy of Folder Lock Software you purchase on one computer or workstation at a time; however, you are allowed to transfer each purchased Folder Lock Software copy from one computer to another, single computer so long as you do not abuse this privilege (e.g., repeated transfers of the Folder Lock Software for the purpose of backing up multiple computers without the purchase of multiple licenses). What actions constitute an abuse is the sole discretion of NewSoftwares.net “Documentation” as used in this Agreement means written information (whether contained in user or technical manuals, training materials, specifications or otherwise) specifically pertaining to the NewSoftwares’ Products and made available by NewSoftwares.net with the NewSoftwares’ Products in any manner (including on CD-ROM or on-line).
This is a license, not a transfer of title, to the Folder Lock Software and Documentation. NewSoftwares.net retains ownership of all copies of the Folder Lock Software and Documentation. You are granted no implied licenses to any other intellectual property rights other than as specifically granted herein. You acknowledge that the Folder Lock Software and Documentation contain trade Secrets of NewSoftwares.net, its suppliers, or licensors, including but not limited to, the specific internal design and structure of individual programs and associated interface information. Accordingly, except as otherwise expressly provided under this Agreement, you shall have no right and you specifically agree not to: i. transfer, assign or sublicense its license rights to another person or entity and you acknowledge that any attempted transfer, assignment, sublicense or use shall be void; ii. make error corrections to, or otherwise modify or adapt, the Folder Lock Software or to create derivative works based upon the Folder Lock Software, or permit third parties to do the same; iii. reverse engineer or decompile, decrypt, disassemble or otherwise reduce the Folder Lock Software to human-readable form, except to the extent otherwise expressly permitted under applicable law notwithstanding this restriction; iv. use or permit the Folder Lock Software to be used to perform services for third parties, whether on a service bureau or time sharing basis or otherwise, without the express written authorization of NewSoftwares.net; disclose, provide, or otherwise make available trade secrets contained within the Folder Lock Software and Documentation in any form, to any third party without the prior written consent of NewSoftwares.net. You shall implement reasonable security measures to protect such trade secrets; or use the Folder Lock Software to develop any software application intended for resale which employs the Folder Lock Software.
For purposes of this Agreement, “Software” shall include (and the terms and conditions of this Agreement shall apply to) the Folder Lock Software and any upgrades, updates, bug fixes or modified versions thereto (collectively, “Upgrades”) or backup copies of the Folder Lock Software licensed or provided to you by NewSoftwares.net.
You agree that NewSoftwares.net may, at its sole discretion, access our software on your computer, and / or cause Folder Lock Software to contact NewSoftwares.net, In order to provide additional or modified functionality,updates, enhancements, security updates and patches, and upgrades to Folder Lock Software or to remove or terminate the Functionality of any Folder Lock Software in accordance with the termination provisions of this Agreement (collectively “Modifications”). All Modifications will be related to the NewSoftwares’ Products and will not include additional software from third parties.
You may uninstall Folder Lock Software by using any uninstall utility that accompanies the installed Folder Lock Software or through the uninstall mechanism provided by your compatible operating system. Uninstalling the FOLDER LOCK SOFTWARE will cause them to cease to functioning.Uninstalling Folder Lock or Folder Lock will result in you not being able to access any encrypted data that was stored using the Folder Lock software. Uninstalling free Folder Lock will result in the inability of others backing up to that device to retrieve their backed up data from that device. NewSoftwares.net does not warrant that any and all portions of the Folder Lock Software will be removed by any uninstall utility or the uninstall mechanism of your operating system. NewSoftwares.net does not warrant that all of your computer’s software content, including but not limited to the operating system, will regress to a state of operation, including but not limited to settings and options that are identical to those that existed prior to the installation of Folder Lock Software. You remain bound by the terms of this Agreement, including but not limited to its disclaimer of warranties, limitation of liability, exclusive remedy, intellectual property, and ownership clauses even after you uninstall the Folder Lock Software.
You agree to maintain and reproduce all copyright, trademarks and other proprietary notices on all copies, in any form, of the Folder Lock Software in the same form and manner that such copyright and other proprietary notices are included on the Folder Lock Software. Except as expressly authorized in this Agreement, you shall not make any copies or duplicates of any Folder Lock Software without the prior written permission of NewSoftwares.net.
This Agreement shall be effective as of your acceptance of this Agreement and shall continue in effect until terminated by either party. Either party may, at its election and in its sole discretion, terminate this Agreement at will, except as otherwise set forth in this Agreement. NewSoftwares.net specifically reserves the right to terminate this Agreement and your use of NewSoftwares’ products immediately, without notice from NewSoftwares.net, if you fail to comply with any provision of this Agreement.
ACCORDING TO THIS SECTION OR OTHER SECTIONS OF THIS AGREEMENT, NEWSOFTWARES.NET MAY TERMINATE YOUR ABILITY TO CONTINUE TO USE NEWSOFTWARES.NET PRODUCTS OR SERVICES.
You acknowledge and agree that NewSoftwares.net has set its prices and entered into this Agreement and sales of NewSoftwares’ Products in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that the same reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the same form an essential basis of the bargain between the parties.
NewSoftwares.net warrants that, for a period of ninety (90) days from the date of the first purchase of Folder Lock Software that such version, in the form delivered by NewSoftwares.net, will substantially conform to and perform substantially in accordance with NewSoftwares’ published documentation, to the extent such exists, with respect thereto when installed and operated in accordance with NewSoftwares’ specifications, and NewSoftwares.net will endeavor to correct any failure of the NewSoftwares’ Products to so conform or perform of which NewSoftwares.net receives written notice from you within said ninety (90) day period. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEWSOFTWARES’ PRODUCTS FURNISHED BY NEWSOFTWARES.NET AND ACCEPTED BY YOU ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY WHATSOEVER. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED BY NEWSOFTWARES.NET . NEWSOFTWARES.NET DOES NOT WARRANT THAT THE NEWSOFTWARES’ PRODUCTS OR ASSOCIATED DOCUMENTATION WILL MEET THE YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE NEWSOFTWARES’ PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF NEWSOFTWARES’ PRODUCTS.
LIMITATION OF REMEDIES. YOUR SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THE FOREGOING LIMITED WARRANTY WILL BE THAT (A) NEW SOFTWARES.NET WILL ENDEAVOR TO CORRECT WITHIN A REASONABLE TIME ANY REPORTED FAILURE OF NEWSOFTWARE’S PRODUCTS TO SUBSTANTIALLY CONFORM TO OR PERFORM SUBSTANTIALLY IN ACCORDANCE WITH NEWSOFTWARE’S SPECIFICATIONS, TO THE EXTENT SUCH SPECIFICATIONS EXIST, DURING THE WARRANTY PERIOD SET FORTH IN SECTION 12 OF THIS AGREEMENT OR (B) IN THE EVENT THAT NEW SOFTWARES.NET SHALL FAIL OR BE UNABLE FOR ANY REASON TO CORRECT ANY SUCH FAILURE OR NON- CONFORMITY OF THE NEWSOFTWARE’S PRODUCTS YOU MAY TERMINATE THE END USER LICENSE AGREEMENT AS TO THE AFFECTED NEWSOFTWARE’S PRODUCTS.
LIMITATION OF NEWSOFTWARES.NET LIABILITY. IN NO EVENT WILL NEWSOFTWARES.NET BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, LOST REVENUE, BUSINESS INTERRUPTION, LOSS OF CAPITAL OR OTHER SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY NEWSOFTWARES’ PRODUCT FURNISHED OR TO BE FURNISHED BY NEWSOFTWARES.NET UNDER THIS AGREEMENT OR THE USE THEREOF, EVEN IF NEWSOFTWARES.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND THE AGGREGATE LIABILITY OF NEWSOFTWARES.NET UPON ANY AND ALLCLAIMS HOWSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY NEWSOFTWARES’ PRODUCTS.
FURNISHED OR TO BE FURNISHED BY NEWSOFTWARES.NET UNDER THIS AGREEMENT WILL IN ANY EVENT BE ABSOLUTELY LIMITED TO THE AMOUNT PAID BY YOU TO NEWSOFTWARES.NET FOR YOUR PURCHASES OF NEWSOFTWARES’ PRODUCTS UNDER THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTHING IN THIS AGREEMENT SHALL OPERATE TO RELIEVE NEWSOFTWARES.NET FROM LIABILITY FOR ITS OWN WILLFUL OR WANTON RECKLESSNESS OR INTENTIONAL TORTS.
COPYRIGHT, PATENT, TRADE SECRET, AND TRADEMARK INDEMNITY. Subject to the limitations of Section 14, NewSoftwares.net will defend you and hold you harmless against liability upon any claim by any third party that the NewSoftwares’ Products as furnished by NewSoftwares.net infringe or violate any copyright, trademark or trade secret rights of such third party or any patent rights of such third party under a United States patent issued as of the effective date of this Agreement, provided that: a) you notify NewSoftwares.net promptly in writing of any notice of any such claim; b) you cooperate with NewSoftwares.net in all reasonable respects in connection with the investigation and defense of any such claim; c) NewSoftwares.net shall have sole control of the defense of any action.
On any such claim and all negotiations for its settlement or compromise; and d) should the NewSoftwares’ Products become, or in NewSoftwares’ opinion be likely to become, the subject of a claim of copyright, patent or trademark infringement or trade secret misappropriation, you will permit NewSoftwares’, at NewSoftwares’ option and expense, either to: i) procure for you the right to continue using the affected NewSoftwares’ Products; ii) replace or modify the same so that it becomes non-infringing; or iii) terminate this Agreement with respect to such NewSoftwares’ Products and refund to you the amount of the license fees paid to NewSoftwares.net for charges for the thirty (30) day billing cycle during which you notified NewSoftwares.net in writing of any such claims. Notwithstanding anything herein to the contrary, however, NewSoftwares.net shall have no obligation or liability under any provision of this Section if any copyright, patent or trademark infringement or trade secret misappropriation claim is based upon use of NewSoftwares’ Products in a manner other than that for which it was furnished by NewSoftwares.net, upon any NewSoftwares’ Products which has been modified by or for you in such a way as to cause it to become infringing, or upon any trademark or service mark which is not used by NewSoftwares.net.
You will, to the fullest extent permitted by law, indemnify NewSoftwares.net against and hold NewSoftwares.net harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees in connection with investigating, defending, or settling any claim relating to or arising out of any acts or omissions on the part of you which gives rise to claims against NewSoftwares.net by third parties.
The purchase and use of NewSoftwares’ Products by the U.S. Government is considered a commercial use by NewSoftwares.net
You represent and warrant that you have rights to the computer you intend to install NewSoftwares’ Products on, you shall use them only for lawful purposes, you will comply at all times with all applicable federal, state, and local laws and regulations applicable to the use of the same, you agree not to use any means to interfere with any the NewSoftwares’ Products except to uninstall the same as provided herein.
Every provision of this Agreement will be construed, to the full extent possible, so as to be valid and enforceable. If not, then such provision will be deemed severed from this Agreement.
This Agreement supersedes any prior representations regarding the same subject matter hereof.
This Agreement will in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States of America and the state of Oregon without respect to its choice of law provisions.
If you have any questions regarding this Agreement or wish to obtain additional information, please send a letter via U.S. Mail to 15500 SW Jay Street, #37715, Beaverton, OR 97006, USA.
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Product Page: http://www.newsoftwares.net/folderlock/