End User's License Agreement

This copy of CipherDriveOne ("the Software Product") and accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. KLC Group LLC or its subsidiaries, affiliates, and suppliers (collectively "KLC") own intellectual property rights in the Software Product. The Ordering Activity under GSA Schedule contracts identified in the Order Licensee's ("you" or "your") license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement ("Agreement"). 

Acceptance 

YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY EXECUTING A WRITTEN ORDER FOR THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE PRODUCT. 

License Grant 

This Agreement entitles you to install and use one copy of the Software Product. In addition, you may make one archival copy of the Software Product. The archival copy must be on a storage medium other than a hard drive and may only be used for the reinstallation of the Software Product. This Agreement does not permit the installation or use of multiple copies of the Software Product, or the installation of the Software Product on more than one computer at any given time on a system that allows shared use of applications, on a multi-user network, or on any configuration or system of computers that allows multiple hard drives. Multiple copy uses or installation is only allowed if you obtain an appropriate licensing agreement for each hard drive and each copy of the Software Product. The Software Product is specifically tied to a serial number on a hard drive.  If the hard drive tied to the permanent Software Product license is lost, stolen, damaged or replaced outside the hard drive manufacturer’s warranty, the Software Product license will not be replaced.  A new Software Product license will need to be purchased.

Restrictions on Transfer 

Without first obtaining the express written consent of KLC, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product. 

Restrictions on Use 

If you hold multiple, validly licensed copies, you may not use, copy, or install the Software Product on any system with more than the number of hard drives permitted by license, or permit the use, copying, or installation on additional hard drives, than the number of hard drives permitted by license. 

You may not decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the source code for the Software Product. 

Restrictions on Alteration 

You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Product. 

Restrictions on Copying 

You may not copy any part of the Software Product except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make one archival copy which must be stored on a medium other than a computer hard drive. 

Limited Software Product Warranty 

For a period of 90 days from the date of installation or 180 days from the date that you purchased Software Product, as applicable, KLC warrants that when properly installed and used under normal conditions, the Software Product will perform substantially as advertised. 

Software Warranty will conform in all material respects to its Specifications for the warranty period specified in the EULA provided with the Software, but in any event no longer than the Hardware Warranty Period, provided that Customer maintains a software release level within one major release of the most current release of the Software. Customer’s sole remedy and KLC Group LLC’s sole obligation under the foregoing warranty shall be for KLC Group LLC to use commercially reasonable efforts to correct any substantial nonconformity of the Software reported to KLC Group LLC’s authorized service or support representative by Customer during the warranty period. The foregoing warranty shall not apply to any failure to conform by the Software that is caused by (a) the use or operation of the Software in an environment other than that intended or recommended by KLC Group LLC in the applicable Documentation, (b) modifications to the Software not made or authorized by KLC Group LLC, or (c) third party hardware or software, provided by any third party and not authorized by KLC Group LLC for use with the Software. In addition, the foregoing warranty shall not apply to any Software which has been used with any third-party hardware or software not authorized by KLC Group LLC for use with the Software.

Disclaimer of Warranties and Limitation of Liability 

UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY KLC, KLC MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT. 

KLC makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. KLC makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO THE FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. KLC WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE. 

UNDER NO CIRCUMSTANCES SHALL KLC, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF KLC OR ANY OTHER PARTY, EVEN IF KLC IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS KLC'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO (1) PERSONAL INJURY OR DEATH RESULTING FROM LICENSOR’S NEGLIGENCE; (2) FOR FRAUD; OR (3) FOR ANY OTHER MATTER FOR WHICH LIABILITY CANNOT BE EXCLUDED BY LAW.  

Limitation of Remedies and Damages 

Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of KLC. KLC reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If KLC is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling. 

Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by KLC to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. 

Governing Law, Jurisdiction and Costs 

This Agreement is governed by the Federal laws ofthe United States, without regard to California's conflict or choice of law provisions. 

Severability 

If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws. 

Definitions 

The following text/phrases carries the following meaning:

• Per Device:

o 1 single device/system (laptop, desktop, tablet, or server). 

o Refers to an individual device/system that could have 1 or multiple hard drives, per each individual device.

• Perpetual License:

o KLC’s CipherDriveOne, CipherDriveOne Stealth, and CipherDriveOne Kryptr are software solutions, sold on a perpetual license basis for the identified single hard drive, per device/system (laptop, desktop, tablet, or server) that they are licensed to, for the life of that specified single drive, under the manufacturer’s drive warranty period. 

o KLC’s CipherDriveOne Plus, CipherDriveOne Stealth Plus, and CipherDriveOne Kryptr Server are software solutions sold on a perpetual license basis for the identified multiple hard drives, per individual device/system (laptop, desktop, tablet, or server) that they are licensed to, for the life of those specified multiple drives, under the manufacturer’s drive warranty period.