Drop Secure Pro 2009

EULA - End User License Agreement

Drop Secure By Michael Heuss

DROP SECURE SOFTWARE LICENSE AGREEMENT - SINGLE USE LICENSE

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE DROP SECURE SOFTWARE. BY USING THE DROP SECURE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL THE SOFTWARE.

1. General.

The proprietary software and documentation accompanying this License (collectively the "Drop Secure Software") are licensed, not sold, to you by Michael Heuss for use only under the terms of this License, and Michael Heuss reserves all rights not expressly granted to you. The rights granted herein are limited to Michael Heuss's and his licensors' intellectual property rights in the Drop Secure Software and do not include any other patents or intellectual property rights. The terms of this License will govern any software upgrades provided by Michael Heuss that replace and/or supplement the original Drop Secure Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

2. Permitted License Uses and Restrictions.

A. This License allows you to install and use one copy of the Drop Secure Software on a single computer and a single portable device (i.e. a laptop) at a time.

B. You may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Drop Secure Software or any part thereof.

C. THE DROP SECURE SOFTWARE IS NOT INTENDED FOR USE IN APPLICATIONS IN WHICH THE FAILURE OF THE DROP SECURE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

3. Transfer.

You may not rent, lease, lend or sublicense the Drop Secure Software. You may, however, make a one-time permanent transfer of all of your license rights to the Drop Secure Software to another party, provided that: (a) the transfer must include all of the Drop Secure Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the Drop Secure Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Drop Secure Software reads and agrees to accept the terms and conditions of this License. All components of the Drop Secure Software are provided as part of a bundle and may
not be separated from the bundle and distributed as standalone applications.

Updates: If a Drop Secure Software update completely replaces (full install) a previously licensed version of the Drop Secure Software, you may not use both versions of the Drop Secure Software at the same time nor may you transfer them separately.

4. Termination.

This License is effective until terminated. Your rights under this License will terminate automatically without notice from Drop Secure if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Drop Secure Software and destroy all copies, full or partial, of the Drop Secure Software.

6. Media.

Michael Heuss only provides Drop Secure as an electronic download. In the case that the electronic download is corrupted - Michael Heuss will, upon request, make another download available for up to 90 days from the original purchase date, or refund the full purchase price of the software.

7. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE DROP SECURE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DROP SECURE SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND MICHAEL HEUSS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE DROP SECURE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. DROP SECURE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE DROP SECURE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE DROP SECURE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE DROP SECURE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE DROP SECURE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DROP SECURE OR AN DROP SECURE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE DROP SECURE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL MICHAEL HEUSS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE DROP SECURE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF MICHAEL HEUSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Michael Heuss's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

9. Export Control. You may not use or otherwise export or reexport the Drop Secure Software except as authorized by United States law and the laws of the jurisdiction in which the Drop Secure Software was obtained. In particular, but without limitation, the Drop Secure Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Drop Secure Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

10. Government End Users. The Drop Secure Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.72021 through 227.72024, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

11. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of Florida, as applied to agreements entered into and to be performed entirely within Florida between Florida residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the
remainder of this License shall continue in full force and effect.

12. Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of the Drop Secure Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Michael Heuss. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.

13. Third Party Acknowledgements. Portions of the Drop Secure Software utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the online electronic documentation for the Open Source Software, or may otherwise accompany such material, and your use of such material is governed by their respective terms.