END USER LICENSE AGREEMENT
THIS IS A LEGAL AGREEMENT between You (either an individual or an entity, herein referred to as You/Your) and Agile Web Solutions Inc. (herein referred to as AWS). By using 1Password (“the Software”), You are agreeing to be bound by the terms and conditions of this License Agreement. If You do not agree to the terms and conditions of this License Agreement, You must not use the Software.
1. Grant of Limited License.
AWS grants to You the non-exclusive, limited right to install and use the Software. The license permits either (a) multiple users to install and use the Software on a single machine; or (b) a single user to install and use the Software on multiple machines. However, a single license does not allow multiple users to ever use Software on multiple machines, regardless of whether such use is concurrent. Use by multiple users on multiple machines requires purchase of multiple licenses, or a multi-user license.
2. Multi-user Licenses
Purchase of a multi-user license allows use by multiple users on multiple machines, up to the limit determined by the type of license purchased. All users under a multi-user license must be students or employees of the organization purchasing the multi-user license, or members of the same household. The individual or organization purchasing the multi-user license will be regarded as the licensee and is responsible for ensuring compliance with all Copyrights, Restrictions and Warranties contained in this License Agreement on behalf of all users of the Software under the license.
The Software is owned by AWS and is protected by copyright laws and by international treaty provisions. You should therefore treat the Software like any other copyrighted material (such as for example, books or musical recordings). Among other things, copyright laws prohibit You from making derivative works of the Software. You may, however, make copies of the Software solely for Your individual and personal use on multiple computers, provided that You include all copyright and proprietary rights notices on any copies. Notwithstanding the foregoing, You may not make copies for use on multiple machines if multiple users (including employees, agents, contractors, or family members) will use those machines, unless You have purchased a multi-user license.
4. Other Restrictions.
(a) If Your copy of the Software does not come with a Serial Number and Name Key, You may register Your copy of the Software by purchasing a Serial Number and Name Key. The Serial Number and Name Key will allow the software to be used without limitation of Software features. You may not copy or distribute the Serial Number and Name Key, either electronically or otherwise.
(b) You may not modify, reverse-engineer, decompile, or disassemble the Software for any purpose whatsoever.
(c) You may not claim that the Software is yours, and you may not use the name Agile Web Solutions, AWS, or 1Password to endorse or promote products derived from the Software without prior written permission.
(d) You must use the Software at all times in a manner that is consistent with the software licenses granted to you by other companies that have provided software for your computer. For example, the Software is designed to be used with the Mac OS X operating system, and so You may not use the Software in a manner inconsistent with the Mac OS X license agreement between You and Apple Computer, Inc.
(e) You may distribute copies of the Software to any third party as long as the Serial Number and Name Key are not included. You may not rent, loan, sub-license, or lease the Software to third parties. You further may not use the Software to act as a service bureau or application service provider.
5. Warranties and Limitation of Liability.
THE SOFTWARE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. AWS FURTHER DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT AWS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
IN NO EVENT SHALL AWS OR ANYONE ELSE INVOLVED IN THE CREATION, PRODUCTION, MARKETING, DISTRIBUTION, OR DELIVERY OF THE SOFTWARE, BE LIABLE FOR ANY DAMAGES WHATSOEVER; INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, FOR BUSINESS INTERRUPTION, FOR LOSS OF BUSINESS INFORMATION, OR FOR OTHER MONETARY LOSS, ARISING OUT OF THE USE OF THE SOFTWARE OR THE INABILITY TO USE THE SOFTWARE, EVEN IF YOU HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL AWS BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES WHATSOEVER, WHETHER IN A CONTRACT ACTION, NEGLIGENCE OR OTHER TORT ACTION, OR OTHER CLAIM OR ACTION, ARISING OUT OF, OR IN CONNECTION WITH, THE USE OR PERFORMANCE OF THE SOFTWARE OR DOCUMENTS AND OTHER INFORMATION PROVIDED TO YOU BY AWS, OR IN THE PROVISION OF, OR FAILURE TO PROVIDE, SERVICES OR INFORMATION.
Because some states of the United States and some countries do not allow the exclusion or limitation of the liability for consequential or incidental damages, the above disclaimer may not apply to you. Any warranties that by law survive the foregoing disclaimers shall terminate thirty (30) days from the date You downloaded or otherwise received the Software.
6. Your Warranty to AWS.
You warrant that all individuals having access to the Software will observe and perform all the terms and conditions of this License Agreement. You shall, at Your own expense, promptly enforce the restrictions in this License Agreement against any person who gains access to Your copy of the Software (i.e. the copy You obtain upon agreeing to this License Agreement or any other lawful copy You have made from this copy) with Your permission or while Your employee and who violates such restrictions, by instituting and diligently pursuing all legal and equitable remedies against him or her. You agree to immediately notify AWS in writing of any misuse, misappropriation or unauthorized disclosure, display or copying of the Software that may come to Your attention. You agree to indemnify and hold harmless AWS from any and all claims resulting from Your use of the Software or breach of this Agreement.
7. Terms of Service.
If you decide You wish to purchase a Serial Number, AWS requires that You provide us with certain billing information that is personal to You (“Personal Information”). That Personal information includes Your name and address and may also include other information such as Your e-mail address. It does not include your credit card number, which will only be seen by our sales partner, PayPal Inc.
To the extent AWS may access Personal Information, AWS will not transmit Personal Information voluntarily to any third party without Your express consent. Your Personal Information remains in Your full control.
You may terminate this Agreement at any time. AWS may immediately terminate this License Agreement if You breach any representation, warranty, agreement or obligation contained or referred to in this License Agreement. Upon termination, You must dispose of the Software and all copies or versions of the Software by destroying the Software.
Copyright (c) 2006-09 AWS. All rights reserved. Any rights not expressly granted in this License Agreement are reserved.