EULA (End User License Agreement)

End User License Agreement

EULA (End User License Agreement)

Postby ondrej.novak » Tue Sep 24, 2013 2:26 pm

EULA (End User License Agreement) for the use of the Sticky Password as well as Sticky Password Desktop (“Sticky Password Software”), provided by Lamantine Software, producer of Sticky Password Software and owner of all rights in that software.

BY INDICATING YOUR ACCEPTANCE BY CLICKING ON THE APPROPRIATE BUTTON BELOW, OR BY DOWNLOADING, INSTALLING, ACTIVATING OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD ITS CONTENTS, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.


If you disagree with any of the terms and conditions below, Lamantine Software does not grant you a license to use Sticky Password Software; click the "I Disagree" or "Cancel" button to exit the installer.

Your registration data and certain other information about you are subject to our Privacy Policy. For more information, see our full privacy policy at http://www.stickypassword.com.
Lamantine Software reserves the right to update and change, from time to time, this EULA and all documents incorporated by reference. You can always find the most recent version of this EULA at http://www.stickypassword.com. Lamantine Software may change this EULA by posting a new version without notice to you. Use of Sticky Password Software after such change constitutes acceptance of such changes.
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1. Licensed Uses and Restrictions.

Sticky Password Software and all other Lamantine Software applications, documentation, and local computer files installed or utilized by the installer application (collectively, the "Sticky Password Software") are owned by Lamantine Software, or Lamantine Software's licensors and content and data providers ("Lamantine Software Licensors"), and are licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicensable basis on the terms and conditions set forth herein. This EULA defines the legal use of Sticky Password Software, all updates, revisions, substitutions, and any copies of Sticky Password Software made by or for you. All rights not expressly granted to you are reserved by Lamantine Software or their respective owners.

Sticky Password Software is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in this EULA. This EULA grants you no right, title, or interest in any intellectual property owned or licensed by Lamantine Software, including, but not limited to, Sticky Password and Lamantine Software trademarks, and creates no relationship between yourself and Lamantine Software's Licensors, or between you and Lamantine Software other than that of Lamantine Software to licensee.

You agree that you will use Sticky Password Software, and any data accessed through Sticky Password Software, for your own personal or business use only as specified in section 2 of this EULA. Your license to use Sticky Password Software, its components, and any third-party data will terminate if you violate these restrictions. If your license terminates, you agree to cease any and all use of Sticky Password Software, its components, and any third-party data. All rights in any third-party data, any third-party software, and any third-party data servers, including all ownership rights are reserved and remain with the respective third parties. You agree that these third parties may enforce their rights under this Agreement against you directly in their own name.

2. Your rights

YOU MAY
a) use Sticky Password on up to ten (10) computers and/or mobile devices (cell phone, tablet, external hard drive). In addition, if your version of Sticky Password Software includes the portable version, you are authorized to install the portable version on one portable memory device (for example, a USB drive).

OR

Use Sticky Password Desktop on as many computers or mobile devices (cell phone, tablet, external hard drive) as defined by the licensing terms above according to the number of licenses purchased, for any legal purpose. In addition, if your version of Sticky Password Software includes the portable version, you are authorized to install the portable version on one portable memory device (e.g. USB) for each of the number of computers specified by your order.


b) install and personally use Sticky Password Software and any updates provided by Lamantine Software (in its sole discretion) in object code form on a personal computer or other device owned or controlled by you and may use Sticky Password Software for your own use. If you have Sticky Password Desktop, the license is limited to the Version you legally acquired including any associated “dot” releases, software updates, and bug fixes made available by the licensor on relevant websites. Sticky Password users are entitled to use any new Versions made available by Lamantine Software during the term of the license. Lamantine Software bears no responsibility to inform you of the availability of such software updates. You may terminate the EULA by discontinuing use of all or any of the Sticky Password Software and by destroying all your copies of the applicable Sticky Password Software. This EULA terminates automatically if you violate any term of this EULA, Lamantine Software publicly posts a written notice of termination on Lamantine Software's web site, or Lamantine Software sends a written notice of termination to you.

YOU MAY NOT
a) decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, or create derivative works or improvements from Sticky Password Software or any portion thereof.

b) based on this EULA you may not incorporate Sticky Password Software into any computer chip or the firmware of a computing device manufactured by or for you. For such usage conditions, please contact sales@stickypassword.com.

c) use Sticky Password Software to operate any mission-critical application where human life or property may be at stake. You understand that the Sticky Password Software is not designed for such purposes and that its failure in such cases could lead to death, personal injury, or severe property or environmental damage for which Lamantine Software is not responsible.

STICKY PASSWORD SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS INCLUDING, WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. LAMANTINE SOFTWARE SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.

d) sell, lease, loan, distribute, transfer, or sublicense Sticky Password Software or access thereto or derive income from the use or provision of the Password, whether for direct commercial or monetary gain or otherwise, without Lamantine Software's prior express, written permission.

d) use Sticky Password Software in a manner that breaches this agreement or the laws of the Czech Republic or your jurisdiction. Specifically you may not use Sticky Password Software to conduct or promote any illegal activities including uploading data of harmful content or content that might be used for any illegal activities or that in any way violates the law or the rights of any third party (including any intellectual property rights), including but not limited to any attempts to gain access to accounts in storage. For the purposes of this agreement „Storage“ refers to the data storage space managed by Lamantine Software or a third party other than Lamantine Software and the user for the purpose of enabling synchronization and backup of user data) or any other accounts and data of other Sticky Password Software or Storage users. If you violate any of these provisions, Lamantine Software is entitled to immediately terminate this agreement and pass on to you the cost of any necessary remedy, as well as take any necessary steps to prevent you from further use of Sticky Password Software without the possibility of refund.




3. STICKY PASSWORD SOFTWARE IS PROVIDED "AS IS". NO WARRANTY OF ANY KIND IS EXPRESSED OR IMPLIED. YOU USE THE SOFTWARE AT YOUR OWN RISK. THE PRODUCER IS NOT LIABLE FOR DATA LOSS, DAMAGES, LIMITATION OF SERVICE AVAILABILITY INCLUDING ANY DATA SENT BY STICKY PASSWORD SOFTWARE TO EXTERNAL STORAGE FOR THE PURPOSE OF DATA SYNCHRONIZATION AND BACKUP. ENCRYPTING THE DATA USING STICKY PASSWORD SOFTWARE DOES NOT IMPLY ANY LIABILITY OF THE PRODUCER REGARDING THE SECURITY OF THAT DATA. YOU EXPRESSLY AGREE THAT THE DATA ACQUIRED, USED, ENCRYPTED, STORED, SYNCHRONIZED OR SENT USING STICKY PASSWORD SOFTWARE CAN ALSO BE STORED ON THIRD PARTY SERVERS (APPLIES ONLY TO THE USE OF STICKY PASSWORD SOFTWARE WHERE SYNCHRONIZATION AND BACKUP SERVICES HAVE BEEN ENABLED). IF LAMANTINE SOFTWARE IN ITS SOLE DISCRETION SELECTS TO USE SUCH A THIRD PARTY STORAGE, WEBSITE, WEB PORTAL, SERVER OR SERVICE, LAMANTINE SOFTWARE IS NOT LIABLE FOR THE QUALITY, SECURITY, OR AVAILABILITY OF SUCH A THIRD PARTY SERVICE AND TO NO EXTENT IS LAMANTINE SOFTWARE LIABLE TO YOU FOR ANY BREACH OF CONTRACTUAL OR LEGAL OBLIGATIONS BY THE THIRD PARTY NOR FOR DAMAGES, LOSS OF PROFITS, FINANCIAL OR NON-FINANCIAL DAMAGES, OR ANY OTHER KIND OF LOSS WHILE USING THIS SOFTWARE. LAMANTINE SOFTWARE IS NOT LIABLE FOR THE CONTENT OF ANY DATA ACQUIRED, USED, ENCRYPTED, STORED, SYNCHRONIZED, OR SENT USING STICKY PASSWORD SOFTWARE OR IN STORAGE. YOU ACKNOWLEDGE THAT LAMANTINE SOFTWARE DOES NOT HAVE ACCESS TO THE CONTENT OF THE STORED DATA AND MAY NOT MONITOR IT OR REMOVE LEGALLY HARMFUL CONTENT. THIS CLAUSE ONLY AFFECTS THE USE OF STICKY PASSWORD DESKTOP WHERE APPLICABLE.



4. Trial version
You may use this software during a test period for the period indicated within the product.. To continue to use Sticky Password Software, you must purchase a license during or following this test period.

5. License fees and payments
There are no additional license fees, apart from the published subscription fees or the cost of purchasing a license and upgrades associated with using your legally acquired version of Sticky Password Software. Lamantine Software reserves the right to charge fees for future use of or access to Sticky Password Software or the Lamantine Software services and web sites (collectively, "Sticky Password Services") at Lamantine Software's sole discretion. If Lamantine Software decides to charge for the Sticky Password Services, such charges will be disclosed to you prior to their effective date.

Lamantine Software ownsall rights to improvements, upgrades and fixes related to Sticky Password Software („Improvements“) even if such improvements were created based on feedback, ideas or suggestions submitted by you in any form. You will not be entitled to any compensation, including any royalties related to such Improvements.

6. Support and Software Updates.

Lamantine Software may elect to provide you with customer support and/or software upgrades, enhancements, or modifications for Sticky Password Software (collectively "Support"), at its sole discretion, and may terminate such Support at any time without notice to you. Lamantine Software may change, suspend, or discontinue any aspect of Sticky Password Software at any time, including the availability of any Sticky Password Software feature, database, or content. Lamantine Software may also impose limits on certain features and services or restrict your access to parts or all of Sticky Password Software or the Lamantine Software web site without notice or liability. If the basic functionality of Sticky Password Software becomes limited in any way as a result of actions taken by Lamantine Software and such limitation continues for more than 30 days you are entitled to a refund of the unused portion of your current subscription term.

7. Limitation of Liability.

LAMANTINE SOFTWARE ENTITIES AND LICENSORS WILL NOT BE LIABLE TO YOU FOR CLAIMS AND LIABILITIES OF ANY KIND ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF STICKY PASSWORD SOFTWARE BY YOU OR BY THIRD PARTIES, TO THE USE OR NON-USE OF ANY BROKERAGE FIRM OR DEALER, OR TO THE SALE OR PURCHASE OF ANY SECURITY, WHETHER SUCH CLAIMS AND LIABILITIES ARE BASED ON ANY LEGAL OR EQUITABLE THEORY.

LAMANTINE SOFTWARE ENTITIES AND LICENSORS ARE NOT LIABLE TO YOU FOR ANY AND ALL DIRECT, INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO ANY THIRD-PARTY SOFTWARE, ANY DATA ACCESSED THROUGH STICKY PASSWORD SOFTWARE, YOUR USE OR INABILITY TO USE OR ACCESS THE LAMANTINE SOFTWARE, OR ANY DATA PROVIDED THROUGH STICKY PASSWORD SOFTWARE, WHETHER SUCH DAMAGE CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY. DAMAGES EXCLUDED BY THIS CLAUSE INCLUDE, WITHOUT LIMITATION, THOSE FOR LOSS OF BUSINESS PROFITS, INJURY TO PERSON OR PROPERTY, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR PERSONAL INFORMATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS RESTRICTION MAY NOT APPLY TO YOU. IN SUCH CASE THE EXTENT OF LAMANTINE SOFTWARE LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.

INFORMATION PROVIDED THROUGH STICKY PASSWORD SOFTWARE, INCLUDING STOCK QUOTES, ANALYSIS, MARKET INFORMATION, NEWS, AND FINANCIAL DATA, MAY BE DELAYED, INACCURATE, OR CONTAIN ERRORS OR OMISSIONS, AND LAMANTINE SOFTWARE ENTITIES AND LICENSORS WILL HAVE NO LIABILITY WITH RESPECT THERETO. LAMANTINE SOFTWARE MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF STICKY PASSWORD SOFTWARE OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN STICKY PASSWORD SOFTWARE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU.

IF THE PROVISIONS IN THIS ARTICLE ARE VOID FOR ANY REASON OR LAMANTINE SOFTWARE IS DEEMED LIABLE FOR LOSSES, DAMAGES ETC UNDER APPLICABLE LAWS. THE PARTIES AGREE THAT LAMANTINE SOFTWARE‘S LIABILITY TO YOU WILL BE LIMITED TO THE TOTAL AMOUNT OF LICENSE FEES PAID BY YOU.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS LAMANTINE SOFTWARE AND ITS EMPLOYEES, SUBSIDIARIES, AFFILIATES, REBRANDING AND OTHER PARTNERS FROM AND AGAINST ANY AND ALL THIRD-PARTY (INCLUDING OWNERS OF THE DEVICE OR PARTIES WHOSE RIGHTS WERE AFFECTED BY THE DATA USED IN STICKY PASSWORD SOFTWARE OR IN STORAGE) CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, FEES THAT SUCH PARTIES MAY INCUR AS A RESULT OF YOUR USE OF THE STICKY PASSWORD SOFTWARE.


8. Data in Sticky Password Software.

Unless otherwise, and explicitly, selected by you, all data entered by you that is saved into a Sticky Password Software database is stored in encrypted format on your computer, or other storage device as defined by you. You understand that in the case of deletion of, or damage to, any Sticky Password Software database or other files, all the data contained therein will be irreversibly lost and you understand and accept the risk of such loss. The fact that your personal data is stored in encrypted format on the computer does not mean that the information cannot be stolen or misused by someone who discovers the Master Password or gains access to the customer-defined activation device for opening the database. You are responsible for maintaining the security of all access methods.

Transmission of Personal Data to Lamantine Software or Storage:
Solely for the purpose of ensuring timely data synchronization and backup Sticky Password Software (except Sticky Password Desktop) transmits or sends personal data from the Sticky Password Software database - namely passwords, login information, Accounts and Identities - over the Internet to Storage. Data are transmitted exclusivelly in encrypted form. The use of Sticky Password Software for filling in online forms with passwords, logins or other data may require that information be sent over the Internet to the website identified by you. This transmission of data is not initiated by Sticky Password Software and therefore Lamantine Software cannot be held responsible for the security of such interactions with any website supported by various providers. Any transactions over the Internet whether or not in conjunction with Sticky Password Software is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data resulting from the download and/or use of any such material or service. To minimize the risk of losing valuable data, Lamantine Software recommends that customers perform periodic backup of the database and other sensitive files to external drives. Lamantine Software is not able to provide you with any assistance in recovering lost or damaged data. If Lamantine Software provides backup services for user database files in case of damage or deletion of the files on users‘ PCs, such backup service is without any warranty and does not imply any liability of Lamantine Software to you whatsoever.

Your browsing activity on the Internet is NOT monitored in any way by Sticky Password Software. As such, Sticky Password Software DOES NOT collect, nor does it send, information about sites that you have visited or any information about your browsing history to any entity. Some versions of Sticky Password Software may support user identification of websites and programs that you, the user, are able to bring to the attention of Lamantine Software by submitting through the designated tool within the GUI; no such information is submitted without your click-thru confirmation indicating your approval to submit the website or program name. Such submitted information is typically used to enhance the functionality of Sticky Password Software.
By using Sticky Password Software, you agree that the software may contact the Lamantine Software servers from time to time in order to check for available patches, service packs and other updates that may improve, maintain, modify or enhance the operation of Sticky Password Software. The software may send general system information related to the functioning of Sticky Password Software.

9. Other

Installation of Sticky Password Software may change your Internet browser settings through the installation of the Sticky Caption Button, which provides easy access to the functions of the product and facilitates automated form-filling and logins, and/or so-called plug-ins as required by various browsers to enable full functionality of Sticky Password Software.

Uninstall information and instructions:
Sticky Password Software may be uninstalled by clicking the uninstall button. By uninstalling Sticky Password Software, you accept that you will lose access to all data in the encrypted database. Any information that you would like to retain from the database must be exported prior to uninstalling Sticky Password Software.

10. Acknowledgement of Third Party Development tools and technology.

Third party materials and technology are used in the development of Sticky Password Software, including: Bluetooth® Framework™ © 2006-2007 Mike Perichenko, Soft Service Company; NativeXML Copyright 2003, SimDesign BV, Netherlands; Toolbar 2000 Copyright (C) 1998-2007 Jordan Russell; Shellplus Copyright (c) 2004 SHELLPLUS DEVELOPMENT GROUP This product uses the Localizer library. All copyrights to Localizer are exclusively owned by Korzh.com. All rights reserved by their respective owners.

11. Controlling Law.

This EULA and the relationship between you and Lamantine Software is governed by the laws of the Czech Republic without regard to its conflict of law provisions. You and Lamantine Software agree to submit to the personal and exclusive jurisdiction of the courts located in Brno, Czech Republic.

YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
Ondrej Novak
Sticky Password Team

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ondrej.novak
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