End-User Agreement for:
Folder Lock® - © Copyright 2013 - New Softwares.net Please click "I AGREE" to install if you accept this License.
This End User License Agreement ("Agreement") is a legal Agreement between you, the customer, and New Softwares.net, regarding the purchase, use, and installation of NewSoftware's Folder Lock Software and Secure Backup, a SaaS offering within the product (hereinafter collectively the "NewSoftware's 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.", "NewSoftware's", "New Softwares.net", "NewSoftwares.net", "New Softwares.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 AND YOU MUST (A) NOT DOWNLOAD, INSTALL, ACTIVATE, OR USE FOLDER LOCK SOFTWARE OR BUILT-IN SAAS SERVICES OFFERED WITHIN THE PRODUCT AND (B) YOU MAY RETURN THE FOLDER LOCK SOFTWARE FOR A FULL REFUND OF ITS PURCHASE PRICE. YOUR RIGHT TO RETURN AND A REFUND FOR FOLDER LOCK SOFTWARE EXPIRES 30 DAYS AFTER ITS PURCHASE, AND APPLIES ONLY IF YOU ARE THE ORIGINAL END USER PURCHASER.
IF YOU ARE UNDER 13 YEARS OF AGE, YOU MAY NOT PURCHASE OR USE THE NEWSOFTWARE'S PRODUCTS. IF YOU ARE BETWEEN THE AGES OF 13 AND 17 YEARS OF AGE YOU MAY ONLY PURCHASE AND USE THE NEWSOFTWARE'S PRODUCTS AFTER RECEIVING PRIOR CONSENT FROM YOUR PARENTS OR LEGAL GUARDIANS.
ANY PURCHASE OR USE OF ANY NEWSOFTWARE'S PRODUCTS WITHOUT AGREEING TO THE TERMS OF THIS AGREEMENT IS STRICTLY PROHIBITED.
If you use the NewSoftware's 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.
DESCRIPTION OF NEWSOFTWARE'S PRODUCTS.
Throughout this agreement, the following descriptions shall apply. More detailed information regarding these NewSoftware's Products can be found at http://www.newsoftwares.net.
- "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.
- "Folder Lock" is free to try for 30 usages . The evaluation version offers full functionality except for the following two features (i) restricting users to create portable lockers of more than 4 GB and (ii) auto locking and unlocking of listed files & folders when entering in Lock Files.
- "Folder Lock" refers collectively to Folder Lock 7, Folder Lock 6, Folder Lock 5, Folder Lock 4, FolderLock, Folder Lock Software, Folder Lock Full Version and Folder Lock Trial Version.
- SaaS, Secure Backup, Secure Backup and Online Backup, all of Them refer to the third-party services provided by one of our partners specializing in data backup and hardware encryption. New Softwares.net will use commercially reasonable efforts to provide the Data Hosting Services to you under the terms and conditions of this Agreement to store your encrypted files if you create a secure backup account and add lockers to backup.
GRANT OF LICENSE
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.
- NEWSOFTWARES PRODUCTS LIMITED EVALUATION LICENSE. Subject to the terms of this Agreement, you are hereby licensed by New Softwares.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 New Softwares.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.
- NON-EVALUATION GRANT OF LICENSE. Conditioned upon compliance with the terms and conditions of this Agreement including the purchase of Folder Lock, New Softwares.net grants to you a non-exclusive and non-transferable license to use those NewSoftware's 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 New Softwares.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 NewSoftware's Products and made available by New Softwares.net with the NewSoftware's Products in any manner (including on CD-ROM or on-line).
- TITLE AND LIMITATIONS. This is a license, not a transfer of title, to the Folder Lock Software and Documentation. New Softwares.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 New Softwares.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 New Softwares.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 New Softwares.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.
- SOFTWARE, UPGRADES, AND ADDITIONAL COPIES. 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 New Softwares.net.
DISTRIBUTING SHAREWARE COPIES:
You may make copies of unregistered Shareware version of the Product for distribution in CD/DVD or by other means for the sole purpose of advertisement, exposure, bundle etc., however you cannot sell Shareware Copies of the Product for a profit. If you are a New Softwares.net reseller or an affiliate, you have exclusive rights to sell the full version of the products in legal manner. Individuals other than resellers and affiliates cannot distribute full versions, registration key, serial no., such a distribution will be considered Illegal and will be prosecuted to the maximum extent under the law. You CANNOT : (a) distribute registered versions of Product if you're not a New Softwares.net affiliate or a reseller (b) ship incomplete versions of the Product; (c) defeat or try to defeat, messages in the Product which encourage users to register their software or actively discourage user registration in any way.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT:
- YOU HAVE NO LICENSE OR RIGHT TO USE ANY ADDITIONAL COPIES OR UPGRADES UNLESS YOU, AT THE TIME OF ACQUIRING SUCH COPY OR UPGRADE, ALREADY HOLD A VALID LICENSE TO THE ORIGINAL SOFTWARE AND HAVE PAID THE APPLICABLE FEE FOR THE UPGRADE OR ADDITIONAL COPIES.
- THE MAKING AND USE OF ADDITIONAL COPIES OF LICENSED VERSION IS STRICTLY PROHIBITED. YOU MAY USE A TRIAL VERSION OF THE PRODUCT IF YOU REQUIRE PORTABLE OR BACKUP SERVICES ON ANOTHER COMPUTER THAT HAS NOT PURCHASED A LICENSE FOR THE PRODUCT.
- ACCESS TO NEWSOFTWARES PRODUCTS. In order to use NewSoftware's Products, you must provide all equipment and software necessary to use NewSoftware's Products that are not a part of the NewSoftware's Products, including, but not limited to, a computer that is in working order running an operating system compatible with the NewSoftware's Products and that is suitable for use in connection with the NewSoftware's Products. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with New Softwares.net operations or the operations of other users of NewSoftware's Products. If any upgrade or modification to New Softwares.net Products requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance NewSoftware's Products, including the release of new products and services, shall be subject to the terms and conditions of this Agreement.
INVOICING AND PAYMENT.
- PRICING INFORMATION. Pricing information for NewSoftwares Products is provided at our Store.
- INVOICING AND PAYMENT TERMS FOR SECURE BACKUP (THIRD-PARTY DATA HOSTING SERVICES). Secure Backup is one of the SaaS features of Folder Lock application; New Softwares.net will offer you the opportunity to subscribe to its monthly service in order to backup encrypted data on your computer. If you do not sign up, New Softwares.net will not make it necessary for you to purchase it anytime in the future. If you sign up, New Softwares.net will evaluate your usage of that service and generate an invoice for pre-payment for the next 30 days based upon that usage. You will continue to be billed and be required to pre-pay on a monthly schedule with payment amounts based upon your usage of the Secure Backup Service during the previous month from the date you purchased the service. If you update your disk space during the time of utilization of this service, you will be billed that for the new quota and your old contract will be over. Pre-paid amounts are not refundable except where explicitly stated in this Agreement. New Softwares.net will deliver invoices for your use of the Secure Backup Service by e-mail to the e-mail account you register with New Softwares.net. Payment of all invoices issued by New Softwares.net to you are due thirty (30) days from the date of the invoice. BY ACCEPTING THIS AGREEMENT AND USING SECURE BACKUP SERVICE, YOU EXPRESSLY AUTHORIZE NEW SOFTWARES.NET TO BILL AND COLLECT PAYMENT FROM YOU BY ANY PAYMENT METHOD YOU REGISTER WITH NEW SOFTWARES.NET INCLUDING, BUT NOT LIMITED TO, YOUR CREDIT CARD, BANK ACCOUNT, OR ONLINE PAYMENT SYSTEM SUCH AS PAYPAL(TM).
- FAILURE TO PAY ON TIME. In the event that you fail to pay any New Softwares.net invoice when due, New Softwares.net may immediately and without notice terminate this Agreement including all rights to continue using the Secure Backup Service. If your payment becomes more than 15 days overdue whether due to software Credit Card Expiration or Credit Floor or incorrect payment information, New Softwares.net reserves the right to delete any and all data you have stored with New Softwares.net through the Data Hosting Service.
- BILLING DISPUTES. You may dispute any amount invoiced under Section 3.b. within thirty (30) days of the invoice date by submitting in writing to New Softwares.net the following information: 1) the NewSoftware's Products purchased that are in dispute; 2) the amount in dispute; and 3) the reason for the disputed billing. Failure to submit such information in writing within thirty (30) days of the invoice date will result in a waiver of your ability dispute the invoiced charges. New Softwares.net may require additional information as it sees fit from you in order to resolve the billing dispute. Any resolution of the billing dispute will be in the sole discretion of New Softwares.net subject to the rights and obligations set forth in this Agreement. Regardless of any billing dispute, New Softwares.net retains the right to terminate this Agreement under Sections 3.c. and 10 of this Agreement.
DATA STORAGE AND CUSTOMER INFORMATION COLLECTED.
- DATA STORAGE. If you use Secure Backup feature in Folder Lock, your data is stored in an encrypted cloud storage. Content of all files remain encrypted during and throughout the whole backup process. Furthermore, data is only stored if you choose to purchase a Secure Backup account from New Softwares.net and add Locker for backup. All other uses of Folder Lock will require you to gain authorization from another Folder Lock user to backup data to their device and / or for you to supply all hardware, software, infrastructure, and other equipment required for data storage. All data stored on the Backup Server are encrypted using 256-bit Military grade AES encryption and stays that way without exception. File Names stored in your Lockers on your local PC remain decrypted however, to identify files during backup and restore. Transmission of data exchanges in your Secure Backup Account is also encrypted with the use of 128-bit SSL encryption.
- DATA SECURITY. Folder Lock uses 256-bit Military grade AES encryption to secure your data stored in Lockers, Portable Lockers, Wallets and Lockers backed up in Secure Backup. However, the Lock Files feature doesn't change the content of your data and uses Windows Filter Driver to filter OS request to hide or restrict access to files. In case of encryption, your password is required for decrypting stored data. Folder Lock doesn't store your Locker, Portable Locker, Online Backup or ZIP files passwords anywhere on the computer, however, the Master Password, that serves as application password is stored on your computer in encrypted form.
- STORAGE AND USE OF E-MAIL AND PASSWORD. In addition to the storage and use of your password, your e-mail address, contact details, mailing address, name and method of payment may be stored by New Softwares.net However, New Softwares.net doesn't store your payment Numbers like Credit Card numbers, Debit Card numbers or any such information to maintain its PCI compliance.
- METHOD OF PAYMENT INFORMATION. If you purchased NewSoftware's Products from New Softwares.net, we will collect and store your method of payment for the NewSoftware's Products you have purchased but will not store your Credit Card numbers, Debit Card numbers or any such information to maintain PCI compliance.
- E-MAIL ADDRESS INFORMATION. Your e-mail address in combination with your password, allows New Softwares.net to verify your identity. New Softwares.net may offer services such as allowing you to use your e-mail address in combination with your password to remotely delete your data from a computer on which Folder Lock Software is installed, or New Softwares.net may allow you to put up a "lost/stolen" sign that will appear on that computer when it is booted. All such new functionality will be announced to you by sending messages to your registered e-mail. AS STATED IN SECTION 14 OF THIS AGREEMENT, NEW SOFTWARES.NET EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY LOST, STOLEN, OR DELETED DATA, INCLUDING ANY DATA DELETED REMOTELY AS DESCRIBED IN THIS SECTION.
- NEWSOFTWARES PRODUCTS' LICENSE KEY. New Softwares.net Products may require activation via a license key. New Softwares.net Products requiring activation by a license key will require an Internet connect to complete activation. Activation via a license key will result in the computer installed with New Softwares.net Products to transmit the license key to New Softwares.net via the Internet for activation of the NewSoftware's Products.
- MODIFICATIONS. You agree that New Softwares.net may, at its sole discretion, access our software on your computer, and / or cause Folder Lock Software to contact New Softwares.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 NewSoftware's Products and will not include additional software from third parties.
- UNINSTALLING FOLDER LOCK SOFTWARE. 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. New Softwares.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. New Softwares.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.
- PROPRIETARY NOTICES. 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 New Softwares.net.
- TERMINATION. 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. New Softwares.net specifically reserves the right to terminate this Agreement and your use of NewSoftware's products immediately, without notice from New Softwares.net, if you fail to comply with any provision of this Agreement.
ACCORDING TO THIS SECTION OR OTHER SECTIONS OF THIS AGREEMENT, NEW SOFTWARES.NET MAY TERMINATE YOUR ABILITY TO CONTINUE TO USE NEW SOFTWARES.NET PRODUCTS OR SERVICES.
- ALLOCATION OF RISK. You acknowledge and agree that New Softwares.net has set its prices and entered into this Agreement and sales of NewSoftware's 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.
- LIMITED WARRANTY. New Softwares.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 New Softwares.net, will substantially conform to and perform substantially in accordance with NewSoftware's published documentation, to the extent such exists, with respect thereto when installed and operated in accordance with NewSoftware's specifications, and New Softwares.net will endeavor to correct any failure of the NewSoftware's Products to so conform or perform of which New Softwares.net receives written notice from you within said ninety (90) day period. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEWSOFTWARE'S PRODUCTS FURNISHED BY NEW SOFTWARES.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 NEW SOFTWARES.NET . NEW SOFTWARES.NET DOES NOT WARRANT THAT THE NEWSOFTWARE'S PRODUCTS OR ASSOCIATED DOCUMENTATION WILL MEET THE YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE NEWSOFTWARE'S PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF NEWSOFTWARE'S PRODUCTS.
FURNISHED OR TO BE FURNISHED BY NEW SOFTWARES.NET UNDER THIS AGREEMENT WILL IN ANY EVENT BE ABSOLUTELY LIMITED TO THE AMOUNT PAID BY YOU TO NEW SOFTWARES.NET FOR YOUR PURCHASES OF NEWSOFTWARE'S PRODUCTS UNDER THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTHING IN THIS AGREEMENT SHALL OPERATE TO RELIEVE NEW SOFTWARES.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, New Softwares.net will defend you and hold you harmless against liability upon any claim by any third party that the NewSoftware's Products as furnished by New Softwares.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 New Softwares.net promptly in writing of any notice of any such claim; b) you cooperate with New Softwares.net in all reasonable respects in connection with the investigation and defense of any such claim; c) New Softwares.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 NewSoftware's Products become, or in NewSoftware's opinion be likely to become, the subject of a claim of copyright, patent or trademark infringement or trade secret misappropriation, you will permit NewSoftware's, at NewSoftware's option and expense, either to: i) procure for you the right to continue using the affected NewSoftware's Products; ii) replace or modify the same so that it becomes non-infringing; or iii) terminate this Agreement with respect to such NewSoftware's Products and refund to you the amount of the license fees paid to New Softwares.net for charges for the thirty (30) day billing cycle during which you notified New Softwares.net in writing of any such claims. Notwithstanding anything herein to the contrary, however, New Softwares.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 NewSoftware's Products in a manner other than that for which it was furnished by New Softwares.net, upon any NewSoftware's 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 New Softwares.net.
- INDEMNITY BY YOU. You will, to the fullest extent permitted by law, indemnify New Softwares.net against and hold New Softwares.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 New Softwares.net by third parties.
- U.S. GOVERNMENTAL END USER PURCHASES. The purchase and use of NewSoftware's Products by the U.S. Government is considered a commercial use by New Softwares.net
- YOUR OBLIGATIONS. You represent and warrant that you have rights to the computer you intend to install NewSoftware's 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 NewSoftware's 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.
- QUESTIONS OR ADDITIONAL INFORMATION. If you have any questions regarding this Agreement or wish to obtain additional information, please send a letter via U.S. Mail to 9450 SW Gemini Dr, ECM# 37715, Beaverton, OR 97008, USA.