EULA (End User License Agreement)

End User License Agreement

EULA (End User License Agreement)

Postby ondrej.novak » Tue May 22, 2012 2:51 pm

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

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 THE CONTENT OF IT 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; 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 after such change constitutes acceptance of such changes.
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1. Licensed Uses and Restrictions.

Sticky Password and all other Lamantine Software applications, documentation, and local computer files installed or utilized by the installer application (collectively, the "Sticky Password") 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 legal use of Sticky Password, all updates, revisions, substitutions, and any copies of Sticky Password made by or for you. All rights not expressly granted to you are reserved by Lamantine Software or their respective owners.

This license authorizes you to use Sticky Password on up to the number of computers specified by your order for Sticky Password. In addition, if your version of Sticky Password includes the so-called 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.

Sticky Password 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, and any data accessed through Sticky Password, for your own personal or business use only as specified in section 2 of this EULA. Your license to use Sticky Password, 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, 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) The user is granted a non-exclusive license to use Sticky Password on as many computers or mobile devices (cell phone, USB stick, external harddrive) as defined by the licensing terms above according to the number of licenses purchased, for any legal purpose.

b) install and personally use Sticky Password and any updates provided by Lamantine Software (in its sole discretion) in object code form on a personal computer owned or controlled by you and may use Sticky Password for your own use. 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. 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 or any portion thereof.

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

c) you may not use Sticky Password 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 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 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.

3. STICKY PASSWORD IS DISTRIBUTED "AS IS". NO WARRANTY OF ANY KIND IS EXPRESSED OR IMPLIED. YOU USE AT YOUR OWN RISK. THE PRODUCER WILL NOT BE LIABLE FOR DATA LOSS, DAMAGES, LOSS OF PROFITS OR ANY OTHER KIND OF LOSS WHILE USING OR MISUSING THIS SOFTWARE.

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

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 (collectively, "Support"), in 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 at any time, including the availability of any Sticky Password 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 or the Lamantine Software web site without notice or liability.

7. Limitation of Liability.

THE LAMANTINE SOFTWARE ENTITIES AND LAMANTINE SOFTWARE 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 BY YOURSELF 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.

THE LAMANTINE SOFTWARE ENTITIES AND LAMANTINE SOFTWARE 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, YOUR USE OR INABILITY TO USE OR ACCESS THE LAMANTINE SOFTWARE
SOFTWARE, OR ANY DATA PROVIDED THROUGH STICKY PASSWORD, 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.

INFORMATION PROVIDED THROUGH STICKY PASSWORD, INCLUDING STOCK QUOTES, ANALYSIS, MARKET INFORMATION, NEWS, AND FINANCIAL DATA, MAY BE DELAYED, INACCURATE, OR CONTAIN ERRORS OR OMISSIONS, AND THE LAMANTINE SOFTWARE ENTITIES AND LAMANTINE SOFTWARE LICENSORS WILL HAVE NO LIABILITY WITH RESPECT THERETO. LAMANTINE SOFTWARE MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF STICKY SOFTWARE OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN STICKY PASSWORD AT ANY TIME WITHOUT PRIOR NOTICE TO YOU, INCLUDING, BUT NOT LIMITED TO, CONTENT, HOURS OF AVAILABILITY.

8. Data in Sticky Password.

Unless otherwise, and explicitly, selected by customer, all data entered by you that is saved into a Sticky Password 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 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 keeping all access methods private and safely stored.

Non-transmission of Personal Data to Lamantine Software:
Sticky Password does not transmit or send personal data from the Sticky Password database - namely passwords, login information, Accounts and Identities - over the Internet to the producer of the software. The use of Sticky Password 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 caused by Sticky Password and Lamantine Software cannot be held responsible for the security of such customer-initiated interactions with any website supported by various providers. Any transactions over the Internet whether or not in conjunction with Sticky Password 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 that results 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 database and other sensitive files to external drives. Lamantine Software is not able to provide you with any assistance recuperating lost or damaged data. Lamantine Software does not provide backup services for any customer database files in case of damage or deletion of the files on customers’ PC.

Your browsing activity on the Internet is NOT monitored in any way by Sticky Password. As such, Sticky Password DOES NOT collect, nor does it send information about sites that you have visited or any information about your browsing history to any servers. Some versions of Sticky Password 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. The submitted information is typically used to enhance the functionality of Sticky Password.
By using Sticky Password, 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. The software may send general system information related to the functioning of Sticky Password. No personal information, passwords or other personal data stored in Sticky Password is transmitted to Lamantine Software.


9. Other

Installation of Sticky Password may change Internet browser settings through installation of the Sticky Caption Button which provides easy access to the features 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.

Uninstall information and instructions:
Sticky Password may be uninstalled by clicking the uninstall button. By uninstalling Sticky Password, you are aware that you will loss 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.

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, the 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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