End User License Agreement
Last updated: November 2, 2020
LICENSE TERMS FOR:
HYPERPKI MANAGER FOR HYP2003
This End User License Agreement (“EULA”) is a binding contract between Hypersecu Information Systems Inc (“Hypersecu”) and you (“You”), as a user of the above-named software and application(s) (“Software”). The Software is licensed, not sold, to You for use only under the terms of this EULA. This EULA is between You and Hypersecu.
Please read this EULA carefully before downloading or using the Software. By downloading or using the Software, you are agreeing to be bound by the terms and conditions of this EULA. If you do not agree to the terms of this EULA, do not download or use the Software.
The terms of this EULA may be modified from time to time. Changes will not apply retroactively and will become effective no sooner than 14 days after they are updated. However, changes addressing new functions or changes made for legal reasons will be effective immediately.
You are granted a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Software solely for either (i) your personal, non-commercial purposes or (ii) for your internal business purposes, strictly in accordance with the terms of this EULA. If you are using the Software for internal business purposes, the Software may only be used by your employees and consultants (“Authorized Users”), who have agreed to abide by the terms of this EULA and who may only use the Software for the purpose of performing their job functions for you.
You agree not to, and you will not permit others, including but not limited to any Authorized Users, to:
a) License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the Software or make the Software available to any third party.
b) Reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
c) Modify, adapt, create a derivative work, merge, or translate the Software without the prior written consent of Hypersecu.
d) Use the Software for any illegal purpose or conduct.
(c) Updates and Modifications
Hypersecu reserves the right to modify, suspend or discontinue, temporarily or permanently, the Software or any service to which it connects, with or without notice and without liability to you.
From time to time, Hypersecu may, but has no obligation to, provide updates to the Software. You are advised to update the Software regularly, or to set it to update automatically if that feature is available in your version of the Software. Because the software is provided “as is”, you may not receive any support, maintenance, updates, content, or new versions of the Software, except where a prior written agreement between You and Hypersecu exists stating otherwise.
This EULA will apply for as long as you access the Software. To terminate this EULA, you must give us notice in writing and cease access and use of the Software.
If You and/or an Authorized user materially breaches this EULA and does not cure that breach within 30 days after receipt of written notice of the breach, the non-breaching party may terminate this EULA for cause. Upon termination of the EULA, You must cease any further use of the Software, and destroy any copies of Software within Your control.
Hypersecu reserve the right to contact your end users to notify them of the termination of your right to use the Software.
Upon termination, the terms that by their nature are intended to continue indefinitely will continue to apply.
III. Applicable Law
If you acquired the software in Canada, Canadian laws and the provincial laws of British Columbia govern the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the province where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
(b) Outside Canada
If you acquired the software in any other country, the laws of that country apply.
IV. Limitations, Disclaimers, Warranty
WHEN PERMITTED BY LAW, HYPERESCU, AND HYPERSECU’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA; FINANCIAL LOSSES; OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF HYPERSECU, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE APPLICABLE SOFTWARE (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SOFTWARE AGAIN) DURING THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
IN ALL CASES, HYPERSECU, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
(b) Disclaimer and Warranty
OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT, HYPERSECU DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT THE SOFTWARE OR RELATED SERVICES AND DOCUMENTATION. HYPERSECU PROVIDES THE SOFTWARE AND ANY RELATED SERVICES AND DOCUMENTATION “AS IS”.
IN ADDITION, HYPERSECU MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SOFTWARE OR ANY INFORMATION REQUESTED OR OBTAINED THROUGH THE USE OF THE SOFTWARE, OR THAT SUCH SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS OR STATUTORY GUARANTEES UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, HYPERSECU EXCLUDES ALL WARRANTIES.