licenses/SINEW-EULA: replace the old EULA by a link to the current Terms of Use.
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End User License Agreement
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The "Terms of Use" document is available at <https://www.enpass.io/terms-of-use/>.
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Copying and redistribution of the document is prohibited.
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This End-User License Agreement (the “EULA”) is a LEGAL AGREEMENT
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between you (the “Licensee”, whether an individual or entity), and Sinew
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Software Systems Pvt. Ltd. (the “Company”), the author of Enpass
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Password Manager (the “Software”), which may include associated media,
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printed materials, and “online” or electronic documentation.
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By installing, copying, or otherwise using the Software, Licensee agrees
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to be BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THIS EULA. If
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Licensee does not agree to the terms and conditions set forth in this
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EULA, then Licensee may not download, install, or use Software.
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1. Definitions
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“Company” shall refer to the licensor, Sinew Software Systems Pvt. Ltd.,
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located at Gurugram, India and shall at all times own all intellectual
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property rights in the Software.
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“Licensee” shall mean user of Software (whether an individual or entity)
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who downloads and uses the Software.
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“User License” means each license granted to Licensee to allow an
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individual to access the Software on his device or system. User License
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could be of type “Free”, “Trial” or “Pro” and should be defined further
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as
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- “Free” shall refer to type of _User License_ for which Licensee need
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not to pay any fee to Company to access the Software with all
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features as provided by Company in Software for any particular
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platform. It is the Company only who reserves the rights to decide
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and change the feature-set under the Free _User License_ for all
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platforms.
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- “Trial” shall refer to type of _User License_ for which Licensee
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need not to pay any fee to Company to access the Software with
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limited features as provided by Company in Software for any
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particular platform. It is the Company only who reserves the rights
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to decide and change the feature-set under the Trial _User License_
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for all platforms.
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- “Pro” shall refer to type of _User License_ for which Licensee have
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to pay fee to Company to access the Software with all features as
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provided by Company in Software for any particular platform. It is
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the Company only who reserves the rights to decide and change the
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feature-set under the Pro _User License_ for all platforms.
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“Software” shall mean Enpass Password Manager, the deliverables provided
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pursuant to this EULA which includes executable object code of software
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programs and the patches, scripts, modifications, enhancements, designs,
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concepts or other materials that constitute the software programs
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necessary for the proper function and operation of the system as
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delivered by the Company and accepted by the Licensee.
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“App Store(s)” shall mean all or any platform specific marketplace(s),
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recommended and used by Company to distribute the Software directly to
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user’s device.
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2. Grant of license
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Installation and Use: Subject to the terms of this EULA, Company hereby
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grants to Licensee a non-exclusive, non-transferable _User License_ to
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possess and to use a copy of the Software. Software is being distributed
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by Company’s website and various platform specific _App Store(s)._
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- Upon downloading each copy of the Software for DESKTOP PLATFORMS
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from Company’s website, Licensee is granted with _Free User License_
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and is permitted to download and use unlimited number of copies of
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Software on a shared desktop computer or concurrently on different
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computers, and make multiple back-up copies of Software, solely for
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Licensee’s personal or business use.
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- Software downloaded and installed on Mobile, Tablet or Desktop
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platforms from any _App Store(s)_ could have Free, Trial or Pro
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_User License._
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Reproduction and Distribution: Only the Company reserves the rights to
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distribute the software through its website and registered accounts on
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_App Store(s)._ Although the Licensee may distribute an unlimited number
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of copies of the Free version of Software, provided each copy shall be a
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true and complete copy to its latest version as-is downloaded from
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Company’s website, including all intellectual property notices, and
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shall be accompanied by a copy of this EULA as long as Software is not
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sold or included in a product or package that intends to receive
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benefits through the inclusion of Software. Licensee may not rent, loan,
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sub-license, or lease the Software to third parties. Any Licensee who is
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associated with Company through any Partner program of Company to test
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or use Software in his organization or entity must not distribute or
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sell the Software outside the organization or entity for which he was
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intended. Licensee further may not use the Software to act as a service
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bureau or application service provider.
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3. Intellectual Property
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The Software as a whole is intellectual property of Company and is
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protected by all applicable copyright laws and international treaties.
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Therefore, Licensee is required to treat Software like any other
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copyrighted material, except as otherwise provided for in this EULA.
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4. Description Of Rights And Limitations
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Limitations:
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- Licensee agrees to not attempt to reverse engineer, decompile,
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disassemble, re-engineer, derive or duplicate the Software or
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attempt to otherwise convert or alter the Software into human
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readable code, nor will it permit or help others to do any of the
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foregoing.
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- Licensee must not claim that the Software is his property.
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- Licensee must use the Software at all times in a manner that is
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consistent with the User License granted to Licensee.
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Maintenance, Updates and Pricing: It is the Company who will decide the
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timing and pricing of future updates for Software comprising of new
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features, improvements and bug fixes.
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5. Open-Source Notices
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Certain components of the Software may be subject to open-source
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software licenses (“Open-Source Components”), which means any software
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license approved as open-source licenses by the Open Source Initiative
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or any substantially similar licenses, including without limitation any
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license that, as a condition of distribution of the software licensed
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under such license, requires that the distributor make the software
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available in source code format. The Software documentation and Software
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itself includes copies of the licenses applicable to the Open-Source
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Components. To the extent there is conflict between the license terms
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covering the Open-Source Components and this EULA, the terms of such
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licenses will apply in lieu of the terms of this EULA. To the extent the
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terms of the licenses applicable to Open-Source Components prohibit any
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of the restrictions in this Agreement with respect to such Open-Source
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Component, such restrictions will not apply to such Open-Source
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Component. To the extent the terms of the licenses applicable to
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Open-Source Components require Company to make an offer to provide
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source code in connection with the Product, such offer is hereby made,
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and Licensee may exercise it by contacting support@enpass.io.
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6. Support
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The Company will provide the support for Software through-out the
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lifetime of Software for Pro _User License_ through online mediums only;
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limited to Email, Forums, Social media and Messaging but has no
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obligation to support Software, or to continue provide updates for the
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Software after the Software has been discontinued.
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7. Warranty Disclaimer
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THE SOFTWARE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. THOUGH
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THE COMPANY WILL PROVIDE SUPPORT AS MENTIONED IN THE CLAUSE 7, BUT DO
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NOT REPRESENT OR WARRANT THAT ALL ERRORS OR DEFECTS WILL BE CORRECTED.
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THE USE OF OUR SOFTWARE WILL BE TIMELY, UNINTERRUPTED OR ERROR FREE, OR
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OPERATE IN COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE, SYSTEM OR
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DATA.
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SOFTWARE WILL MEET ALL REQUIREMENTS OF LICENSEE. USE OF THE SOFTWARE IS
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COMPLETELY AT LICENSEE’S SOLE RISK. COMPANY FURTHER DISCLAIMS ANY
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IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
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WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
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NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE
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OF THE SOFTWARE REMAINS WITH LICENSEE. SHOULD THE SOFTWARE PROVE
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DEFECTIVE, LICENSEE (AND NOT COMPANY) ASSUME THE ENTIRE COST OF ALL
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NECESSARY SERVICING OR REPAIR.
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8. Limited Liability
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IN NO EVENT SHALL COMPANY OR ANYONE ELSE INVOLVED IN THE CREATION,
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PRODUCTION, MARKETING, DISTRIBUTION, OR DELIVERY OF THE SOFTWARE, BE
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LIABLE FOR ANY DAMAGES WHATSOEVER; INCLUDING, WITHOUT LIMITATION,
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DAMAGES FOR LOSS OF BUSINESS PROFITS, FOR BUSINESS INTERRUPTION, FOR
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LOSS OF BUSINESS INFORMATION, OR FOR OTHER MONETARY LOSS, ARISING OUT OF
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THE USE OF THE SOFTWARE OR THE INABILITY TO USE THE SOFTWARE, EVEN IF
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LICENSEE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.
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IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INDIRECT, OR
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CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES WHATSOEVER, WHETHER IN A
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CONTRACT ACTION, NEGLIGENCE OR OTHER TORT ACTION, OR OTHER CLAIM OR
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ACTION, ARISING OUT OF, OR IN CONNECTION WITH, THE USE OR PERFORMANCE OF
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THE SOFTWARE OR DOCUMENTS AND OTHER INFORMATION PROVIDED TO LICENSEE BY
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COMPANY, OR IN THE PROVISION OF, OR FAILURE TO PROVIDE, SERVICES OR
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INFORMATION.
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9. Force Majeure
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Under no circumstances will Company be held liable for any delay or
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failure in performance resulting directly or indirectly from acts of
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nature, forces, or causes beyond our reasonable control, including,
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without limitation, Internet failures, computer equipment failures,
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telecommunication equipment failures, other equipment failures,
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electrical power failures, strikes, labor disputes, riots,
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insurrections, civil disturbances, shortages of labor or materials,
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fires, floods, storms, explosions, acts of God, war, governmental
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actions, orders of domestic or foreign courts or tribunals, or
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non-performance of third parties.
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10. Privacy Policy
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Company’s website’s Privacy Policy, as it may change from time to time,
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is a part of this Agreement and hereby you confirm that you have read
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that and agree with the terms of that.
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11. Entire Agreement
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This Agreement constitutes the entire agreement between Company and
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Licensee and supersedes all prior understandings of Company and
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Licensee, including any prior representation, statement, condition, or
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warranty.
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12. Termination
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This EULA is effective until:
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- Automatically terminated if Licensee fails to comply with any of the
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terms and conditions set forth in this EULA.
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- Terminated by Company.
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Upon termination, user must dispose of the Software and all copies or
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versions of the Software by destroying the Software.
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