WipeDrive, Inc. EULA
Thanks for visiting. Below you will find the End User License Agreement for WipeDrive, Inc. Please read carefully. Contact your sales rep if you have any questions or concerns.
End User License Agreement
WIPEDRIVE, INC. ENTERPRISE LICENSE AGREEMENT WIPEDRIVE™ SOFTWARE
IMPORTANT—READ CAREFULLY BEFORE USING YOUR COPY OF WIPEDRIVE™ SOFTWARE.
This document is a legal agreement between you (Company) and WipeDrive, Inc., (WipeDrive, Inc.). Use of this Software indicates your acceptance of these terms.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE AGREEMENT, EITHER DESTROY OR RETURN THE COMPLETE PACKAGE INTACT TO THE PLACE OF PURCHASE WITHIN THIRTY (30) DAYS OF PURCHASE FOR A FULL REFUND. EXCEPT AS DESCRIBED HEREIN WIPEDRIVE, INC. WILL NOT PROVIDE A REFUND OF THE PURCHASE PRICE OF THE SOFTWARE FOR ANY REASON.
1. PROPRIETARY RIGHTS. The accompanying software program(s) (Software) and documentation (Documentation) are proprietary products of WipeDrive, Inc. or its licensors and are protected under national laws and international treaty provisions. Ownership of the Software and all copies, modifications, translations, and merged portions thereof shall at all times remain with WipeDrive, Inc. or its licensors.
2. GRANT OF LICENSE. WipeDrive, Inc. Inc. hereby grants you a non-exclusive license to use its Software and Documentation on the following terms: For the quantity and term stated in the quote. You may not permit any other individual to modify, translate, reverse engineer, decompile, disassemble or create derivative works based on the Software; copy the Software (except as granted in Section 3 below); rent, lease, transfer or otherwise transfer rights to the Software; or remove any proprietary notices or labels on the Software.
3. LIMITED RIGHT TO DUPLICATE. You may make the number of copies of the Software you deem necessary to accomplish the scope of your disk sanitation requirements and to distribute such copies solely to your employees, or your authorized agent and solely for internal use by such or as stated in the quote. You may also make a copy of the Software for back up purposes.
4. UPDATES AND SUPPORT. You are entitled to receive Software updates, upgrades and technical support for the duration of the term as specified in the quote and invoice. If no term is specified, the license will last for a term of one year.
5. TERM. This License is effective from your date of purchase and shall remain in force until terminated. This Agreement will immediately and automatically terminate without notice if you fail to comply with any term or condition of this Agreement. You may terminate this
license at any time by destroying all copies of the Software and the accompanying documentation.
6. LIMITED WARRANTY. (a) WipeDrive, Inc. warrants to the original purchaser of a license for the Software, (i) that the Software, will perform substantially in accordance with the accompanying documentation and (ii) that the Software is properly recorded on the disk media. This Limited Warranty extends for ninety (90) days from the date of purchase. (b) This Limited Warranty does not apply to any Software that has been altered, damaged, abused, misapplied, or used other than in accordance with this License Agreement and any instructions included on the Software and the accompanying documentation. (c) WipeDrive, Inc.’s entire liability and your exclusive remedy under this Limited Warranty shall be the repair or replacement of the any Software that fails to conform to this Limited Warranty or, at WipeDrive, Inc.’s option, return of the price paid for the Software. WipeDrive, Inc. shall have no liability under this Limited Warranty unless the Software is returned to WipeDrive, Inc. or its authorized representative, with a copy of your receipt, within the warranty period. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days whichever is longer. (d) THIS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR WARRANTIES ARISING FROM USAGE OF TRADE OR COURSE OF DEALING. (e) THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS; YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE.
7. LIMITATION OF LIABILITY. IN NO EVENT SHALL WIPEDRIVE, INC. LIABITY RELATED TO ANY OF THE SOFTWARE EXCEED THE LICENSE FEES ACTUALLY PAID BY YOU FOR THE SOFTWARE. EXCEPT AS PROVIDED UNDER THE LIMITED WARRANTY, NEITHER WIPEDRIVE, INC. NOR ITS SUPPLIERS SHALL IN ANY EVENT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTAIAL DAMAGES, AND DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, EVEN IF WIPEDRIVE, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, OR ANY OTHER LEGAL OR EQUITABLE GROUNDS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTIAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. ADDITIONAL WARRANTY. WipeDrive, Inc. shall indemnify, defend, and hold Customer harmless from all third party claims and lawsuits which are caused by WipeDrive, Inc. infringement of a United States patent, United States copyright or trade secret. WipeDrive, Inc. indemnification obligation is subject to: (i) Customer providing WipeDrive, Inc. with prompt written notice of any claim or lawsuit, (ii) WipeDrive, Inc. having sole control of the defense and all negotiations for settlement or compromise thereof and (iii) Customer reasonably cooperating in the defense of such claim or lawsuit. WipeDrive, Inc. agrees to pay all settlements entered into by WipeDrive, Inc., judgments finally awarded against Customer, and all attorneys fees and expenses for counsel hired by WipeDrive, Inc.. Customer may elect to participate in any such action with counsel of its own choice and at its own expense. In the event Customer is precluded by a court of competent jurisdiction from using a Product as a result of WipeDrive, Inc. infringement of any such patent, copyright, or trade secret, WipeDrive, Inc. may, in its reasonable discretion, (i) obtain the right to use the Product for the Customer, or (ii) replace or modify the Product so that it no longer infringes. If neither (i) or (ii) above is commercially feasible, then in WipeDrive, Inc.’s reasonable discretion, WipeDrive, Inc. may terminate the license for the affected Product and issue Customer a pro-
rata refund of the fees paid by Customer for the infringing Product. This section states WipeDrive, Inc.’s entire liability with regard to infringement claims.
9. EXPORT CONTROLS. Certain uses of the Software by you may be subject to restrictions under U.S. regulations relating to exports and ultimate end users of computer software. You agree to fully comply with all applicable U.S. laws and regulations, including but not limited to the Export Administration Act of 1979 as amended from time to time and any regulations promulgated thereunder.
10. U.S. GOVERNMENT RESTRICTED RIGHTS. If you are acquiring the Software on behalf of any unit or agency of the US Government the following provision applies: It is acknowledged that the Software and the Documentation were developed at private expense and that no part is in the public domain and that the SOFTWARE and Documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 52.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/Manufacturer is WipeDrive, Inc., Inc.
11. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and supersedes any proposal or prior written agreement, oral or written, and any other communications between us relating to the subject matter of this Agreement. The laws of the State of Utah govern this Agreement. If any provision of this Agreement is found void or unenforceable, it will not affect the validity of the balance of this Agreement. Distribution of the SOFTWARE is subject to compliance with all laws, regulations, orders and other restrictions on export from the United States of America of the SOFTWARE or any technical information about the SOFTWARE, which are imposed by the government of the United States of America.
Should you have any questions concerning this Agreement, or if you desire to contact WipeDrive, Inc. Inc. please visit www.wipedrive.com/contact/ for current contact information.
Why is certification important?
There is a significant difference between software claiming to comply with standards and the National Security Agency (NSA) certifying compliance. We don’t believe our customers should have to verify that our software does what we claim, so we are Certified by Common Criteria to EAL 2+. This in depth certification verifies that WipeDrive works the way it is designed.