End User License Agreeement and Terms of Use

IMPORTANT! BE SURE TO CAREFULLY READ AND UNDERSTAND ALL OF THE RIGHTS AND RESTRICTIONS SET FORTH IN THIS END-USER LICENSE AGREEMENT ("EULA") AND TERMS OF USE. YOU ARE NOT AUTHORIZED TO USE THIS SOFTWARE UNLESS AND UNTIL YOU HAVE ACCEPTED THE TERMS OF THIS EULA AND FOR THE USE OF THIS SOFTWARE LICENSE.

This EULA and Terms of Use is a binding legal agreement between you and enCapsa Technology LLC (hereinafter "Licensor") for the materials accompanying this EULA and Terms of Use, including the accompanying computer software, associated media, printed materials and any "online" or electronic documentation, software, associated media, printed materials (hereinafter the "Software"). By installing, viewing, reading the Software, you agree to be bound by the terms of this EULA and Terms of Use. If you do not agree to the terms of this EULA and Terms of use, do not attempt to use the Software.



  1. Grant of License

    The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. This EULA and Terms of Use grants you the following rights and terms of use:

    A. You may install, download, use, access, display and run only one copy of the Software, on a single computer, workstation or terminal ("Computer").
    B. You may not download, use, access, display or run a copy of the Software on a storage device, such as a network server, or used only to run the Software on other Computers over an internal network. You must acquire a license for each separate Computer on which the Software is run, displayed or utilized from a server or similar device. A license for the Software may not be shared or used concurrently on different Computers.
    C. Your license rights under this EULA and Terms of Use are non-exclusive. All rights not expressly granted herein are reserved by Licensor
    D. You may not sell, transfer, convey, download, use, or provide access, to the Software to any third party without Licensor's prior express written consent.

  2. Price and Payment

    If you have not previously paid the license fee for the Software, then you must pay the license fee within the period indicated in the applicable invoice sent to you by Licensor.

  3. Support Services

    This EULA and Terms of Use is a license of the Software only, and Licensor does not assume any obligation to provide maintenance, patches or fixes to the Software. Licensor further disclaims any obligation to provide support or to prepare and distribute modifications, enhancements, updates and new releases of the Software

  4. Replacement, Modification and/or Upgrades

    Licensor may, from time to time, and for a fee, replace, modify or upgrade the Software. When accepted by you, any such replacement or modified Software code or upgrade to the Software will be considered part of the Software and subject to the terms of this EULA and Terms of Use (unless this EULA or Terms of Use is superseded by a further EULA and Terms of Use accompanying such replacement or modified version of or upgrade to the Software).

  5. Termination

    You may terminate this EULA and Terms of Use at any time by destroying all access to the Software. Your license to the Software automatically terminates if you fail to comply with the terms of this agreement. Upon termination, you are required to remove the Software and all access to the software from your computer.

  6. Copyright

    A. All title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music and text incorporated into the Software), the accompanying printed materials, and any copies of the Software, are owned by Licensor or its suppliers. This EULA and Terms of Use grants you no rights to use such content. If this Software contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation. Except for any copies of this EULA and Terms of use, you may not copy the printed materials accompanying the Software.>

    B. You may not reverse engineer, de-compile, disassemble, alter, duplicate, modify, rent, lease, loan, sublicense, make copies of, create derivative works from, distribute or provide others with the Software in whole or part, transmit or communicate the application over a network.

  7. Export Restrictions

    You may not export, ship, transmit or re-export Software in violation of any applicable law or regulation including but not limited to Export Administration Regulations issued by the U. S. Department of Commerce.

  8. Disclaimer of Warranties

    LICENSOR AND ITS SUPPLIERS PROVIDE THE SOFTWARE "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT, OR OF NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE IS WITH YOU.

  9. Limitation of Damages

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE AND WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LICENSOR OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES WILL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  10. Arbitration

    Any dispute arising under this EULA and Terms of use will be subject to binding arbitration by a single Arbitrator with the American Arbitration Association (AAA), in accordance with its relevant industry rules, if any. The parties agree that this EULA and Terms of Use will be governed by and construed and interpreted in accordance with the laws of the State of Delaware. The arbitration will be held in Delaware. The Arbitrator will have the authority to grant injunctive relief and specific performance to enforce the terms of this EULA and Terms of Use. Judgment on any award rendered by the Arbitrator may be entered in any Court of competent jurisdiction.

  11. Severability

    If any term of this EULA and Terms of Use is found to be unenforceable or contrary to law, it will be modified to the least extent necessary to make it enforceable, and the remaining portions of this Agreement will remain in full force and effect.

  12. No Waiver

    No waiver of any right under this EULA and Terms of Use will be deemed effective unless contained in writing signed by a duly authorized representative of the party against whom the waiver is to be asserted, and no waiver of any past or present right arising from any breach or failure to perform will be deemed to be a waiver of any future rights arising out of this EULA and Terms of Use.