Software Licence and Privacy Statement
IMPORTANT — READ CAREFULLY BEFORE USING THIS SOFTWARE:
This Licence Agreement for the range of Kryptext Software (“Licence Agreement”) is a legal agreement between you (either an individual or an entity) and Kryptext Ltd and its suppliers and licensors (collectively “KS” or “Kryptext Software”) for the Kryptext Software which may include components provided by suppliers and licensors toKS(“Software”). The Software may include any of the following Kryptext Software products including any combination of such products and Alpha, Beta, trial, pre-release, free, pay and premium versions of the products (collectively, “Kryptext Software Products”): Kryptext ( “Kryptext”), KryptVoice and KryptPic. You may install only ONE copy of the Software. By clicking on the “Accept” button, installing, copying or otherwise using the Software, you agree to be bound by the terms of this Licence Agreement.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE AGREEMENT, CLICK ON THE “CANCEL” BUTTON AND/OR DO NOT INSTALL THE SOFTWARE.
YOU AGREE TO BE BOUND BY THE “TERMS OF SERVICE FOR Kryptext Services” ATTACHED HERETO AS EXHIBIT A.
PERSONAL INFORMATION YOU PROVIDE TO Kryptext LtdIS GOVERNED BY THE Kryptext PRIVACY POLICY AT http://www.kryptext.com/privacy.html
YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS LICENCE, UNDERSTOOD IT, AND AGREED TO BE BOUND BY ITS TERMS AND CONDITIONS.
ANY THIRD PARTY SOFTWARE, INCLUDING ANY THIRD PARTY’S PLUG-IN, THAT MAY BE PROVIDED WITH THE SOFTWARE IS INCLUDED FOR USE AT YOUR OPTION. IF YOU CHOOSE TO USE SUCH THIRD PARTY SOFTWARE, THEN SUCH USE SHALL BE GOVERNED BY SUCH THIRD PARTY’S LICENCE AGREEMENT, IF AN ELECTRONIC COPY OF SUCH LICENCE AGREEMENT IS INSTALLED IN THE APPROPRIATEKSPRODUCT FOLDER ON YOUR COMPUTER UPON INSTALLATION OF THE SOFTWARE. KRYPTEXT Software IS NOT RESPONSIBLE FOR ANY THIRD PARTY’S SOFTWARE AND SHALL HAVE NO LIABILITY FOR YOUR USE OF THIRD PARTY SOFTWARE.
1. GRANT OF LICENCE.
FI hereby grants to you a non-exclusive licence to use the Software and any related documentation (“Documentation”) subject to the following terms:
a) You may: (i) use the Software on any single computer.
b)
Any direct use of Plug-Ins through a non-FI proprietary application, including a custom or user-written application is prohibited by this Licence Agreement.
c)
FI may modify this Licence Agreement with respect to free versions of the Software upon 14 days written notice to you, including notice via the communications features described below.
2. LICENCE RESTRICTIONS.
a)
You may not:
(i) permit other individuals to use the Software except under the terms listed above;
(ii)
modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative worFI based upon the Software or Documentation;
(iii) copy the Software or Documentation
(iv) rent, lease, transfer, or otherwise transfer rights to the Software or Documentation;
(v)
remove any proprietary notices or labels on the Software or Documentation. Any such forbidden use shall immediately terminate your licence to the Software. The recording, playback and download features of the Software are intended only for use with public domain or properly licenced content and content creation tools. You may require a patent, copyright, or other licence from a third party to create, copy, download, record or save content Files for playback by this Software or to serve or distribute such Files to be played back by the Software.
b)
You agree that you shall only use the Software and Documentation in a manner that complies with all applicable laws in the jurisdictions in which you use the Software and Documentation, including, but not limited to, applicable restrictions copyright and other intellectual property rights.
c)
Copies of content Files, including, but not limited to songs and other audio recordings, which are downloaded or copied using the Software, and which are protected by the copyright laws or related laws of any jurisdiction, are for your own personal use only and may not be distributed to third parties or performed outside your normal circle of family and social acquaintances.
d)
You may not use the Software in an attempt to, or in conjunction with, any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content FIle or other work protected by the copyright laws of any jurisdiction.
e)
The Software embodies a serial copying management system. You may not circumvent or attempt to circumvent this system by any means.
3. ALPHA RELEASE VERSIONS.
In the event that the Software is an alpha release version, the terms of this Section shall apply. Your licence to use the Software expires 30 days after installation (or such other period as indicated by the Software) and the Software may cease to function. The Software you are receiving may contain more or less features than the commercial release of theKSProduct thatKSintends to distribute. WhileKSintends to distribute a commercial release of the Software,KSreserves the right at any time not to release a commercial release of the Software or, if released, to alter features, speciFIcations, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the commercial release. You agree that the alpha release versions are not suitable for production use and may contain errors affecting their proper operation. You agree that you will not do anything to circumvent or defeat the features designed to stop the Software from operating after the licence expires.
4. BETA RELEASE OR PRE-RELEASE VERSIONS.
In the event that the Software is a beta release or pre-release version, the terms of this Section shall apply. Your licence to use the Software expires 30 days after installation (or such other period as indicated by the Software) and the Software may cease to function. The Software you are receiving may contain more or less features than the commercial release of theKSProduct that KS intends to distribute. While KS intends to distribute a commercial release of the Software,KS reserves the right at any time not to release a commercial release of the Software or, if released, to alter features, speciFIcations, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the commercial release. You agree that the beta release or pre-release versions are not suitable for production use and may contain errors affecting their proper operation. You agree that you will not do anything to circumvent or defeat the features designed to stop the Software from operating after the licence expires.
5. AUTOMATIC COMMUNICATIONS FEATURES.
a)
The Software consists of interactive Internet applications that perform a variety of communications over the Internet as part of their normal operation. A number of communications features are automatic and are enabled by default. By installing and/or using the Software, you consent to the Software’s communications features. Once you log into the Software, user information including your user id will be sent in communications with FI’s servers. This information is used to access your regular account, premium content, non-premium content, services, features, and other personalised services.KS may match the user id to personally identifiable information in order to provide you with products, services, and software that you’re entitled to and to provide you with relevant information. You are responsible for any telecommunications or other connectivity charges incurred through use of the Software.
b)
Auto Update: Using Auto Update, automatically communicates with KI’s servers on the Internet to check for updates to KI’s and KS partner’s software, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions. Auto Update also has the capability to run independently of Kryptext and KryptVoice to perform background update check. KS may download updates during the background check, when Kryptext and KryptVoice automatically communicates with FI’s servers, when you manually check for updates, or when Kryptext and KryptVoice detects a file it does not support. Auto Update sends information about installed Krypt Software’ products and components to the servers to determine upgrade availability.
6. SCHEDULER.
An application Scheduler is installed along with Kryptext and KryptVoice. Once installed, it runs independently of Kryptext and KryptVoice. The Scheduler does not collect personal information or communicate with Kryptext servers. It is used to remind Auto Update and Message Centre to perform their task at pre-scheduled intervals. The Scheduler is also used to automatically launch Kryptext Software’
Media Type Helper.
The Media Type Helper ensures the system is configured for correct operation of the Kryptext with Multi-Purpose Internet Mail Extensions (“MIME”) types, file extensions, Internet protocols and other media types. If a media type has been assigned a different action by a different application, Media Type Helper may override the association and substitute its own association.
7. TITLE.
Title, ownership, rights, and intellectual property rights in and to the Software and Documentation shall remain with KS and/or its suppliers. The copyright laws of the United Kingdom and international copyright treaties protect the Software and the Services. Title, ownership rights and intellectual property rights in and to the content accessed through the Software and the Services (“Content”) including the content contained in the Software media demonstration Files, shall be retained by the applicable Content owner and may be protected by applicable copyright or other law. This licence gives you no rights to such Content.
8. WARRANTIES AND LIABILITIES.
a)
For the Pay and Premium versions of Kryptext Software, the following terms apply:
LIMITED WARRANTY
KS warrants that for a period of sixty-(60) days from the date of acquisition the Software, if operated as directed, will substantially achieve the functionality described in the Documentation. KS does not warrant however that your use of the Software will be uninterrupted or that the operation of the Software will be error-free or secure. KS also warrants that the media containing the Software, if provided by KS, is free from defects in material and workmanship and will so remain for thirty (30) days from the date you acquire the Software.
(i)
No Other Warranties. NO OTHER WARRANTIES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWKSAND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE, THE ACCOMPANYING WRITTEN MATERIALS AND ANY ACCOMPANYING HARDWARE. If you make any modiFIcations to the Software during the warranty period; if the media is subjected to accident abuse or improper use; or if you violate the terms of this Licence Agreement, this warranty shall immediately terminate. This warranty shall not apply if the Software is used on or in conjunction with hardware or Software other than the unmodiFIed version of hardware and Software with which the Software was designed to be used as described in the Documentation. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS; YOU MAY HAVE OTHER RIGHTS THAT VARY FROM COUNTRY-JURISDICTION TO COUNTRY-JURISDICTION.
(ii) Customer Remedies. FI’s sole liability for a breach of this warranty shall be in FI’s sole discretion:
(i) to replace your defective media; or
(ii) to advise you how to achieve substantially the same functionality with the Software as described in the Documentation through a procedure different from that set forth in the Documentation; or
(iii) if the above remedies are impracticable, to refund the licence fee, if any, you paid for the Software. Repaired, corrected or replaced Software and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software or if longer for thirty (60) days after the dateKSeither shipped to you the repaired or replaced Software or advised you as to how to operate the Software so as to achieve the functionality described in the Documentation, whichever is applicable. Only if you informKSof the problem with the Software during the applicable warranty period and provide evidence of the date you acquired the Software willKSbe obligated to honour this warranty.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY WHETHER IN TORT CONTRACT OR OTHERWISE SHALLKSOR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES EVEN IFKSSHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY OTHER PARTY. FURTHER, IN NO EVENT SHALL FI’S LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT EXCEED THE LICENCE FEE PAID TOKSFOR THE SOFTWARE AND DOCUMENTATION. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
b)
For the Free, Trial, Pre-Release, Alpha, and Beta versions of Kryptext Software Products, the Services and the Content, the following terms apply:
DISCLAIMER OF WARRANTY & LIMIT OF LIABILITY.
THE SOFTWARE, DOCUMENTATION, SERVICES AND CONTENT ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,KSFURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE, DOCUMENTATION, SERVICES AND CONTENT REMAIN WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALLKSBE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, THE SERVICES OR THE CONTENT, EVEN IFKSHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FI’s TOTAL LIABLITY FOR ANY DIRECT DAMAGES SHALL NOT EXCEED FIFTEEN POUNDS (£15.00). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.KSDOES NOT ENDORSE, WARRANT OR GUARANTEE ANY CONTENT PROVIDED BY OR THROUGH FI.
9. INDEMNIFICATION.
This Software and the Services are intended for use only with properly licenced media, content, and content creation tools. It is your responsibility to ascertain whether any copyright, patent or other licences are necessary and to obtain any such licences to serve and/or create, compress or download such media and content. You agree to record, play back and download only those materials for which you have the necessary patent, copyright and other permissions, licences, and/or clearances. You agree to hold harmless, indemnify and defend FI, its ofFIcers, directors and employees, from and against any losses, damages, FInes and expenses (including Solicitor’s fees and costs) arising out of or relating to any claims that you have (i) viewed, downloaded, encoded, compressed, copied or transmitted any materials (other than materials provided by FI) in connection with the Software in violation of another party’s rights or in violation of any law, or (ii) violated any terms of this Licence Agreement. If you are importing the Software from the United Kingdom, you shall indemnify and holdKSharmless from and against any import and export duties or other claims arising from such importation.
10. TERMINATION.
This Licence Agreement will automatically terminate if you fail to comply with any term hereof. No notice shall be required fromKSto effect such termination. You may also terminate this Licence Agreement at any time by notifyingKSin writing of termination. Your obligation to pay accrued charges and fees shall survive any termination of this Licence Agreement.
11. NO ASSIGNMENT.
This Agreement is personal to you, and may not be assigned without FI’s express written consent. In the event that you are an entity that merges with another entity or are acquired by another entity during the Term, you shall provide written notice of such merger or acquisition not later than the date on which any public announcement is made. IfKSdoes not consent to assignment of this Licence Agreement to the new or acquiring entity in such merger or acquisition,KSmay terminate this Licence Agreement on thirty-(30) days’ email notice. Both parties shall perform under this Licence Agreement until such termination is effective.
12. TECHNICAL SUPPORT.
Technical support for the Software, as made available by FI, is described at FI’s technical support website: http://www.kryptext.com.
13. You acknowledge that none of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported to (i) North Korea or any other country committing Human Rights violations as named by Amnesty International. By using the Software you are agreeing to the foregoing and are representing and warranting that (i) no international or domestic governmental department has suspended, revoked, or denied you export privileges, (ii) you are not located in or under the control of a national or resident of any such country or on any such list, and (iii) you will not export or re-export the Software to any prohibited county, or to any prohibited person, entity, or end-user as speciFIed by U.S. and European export controls.
14. IMPORTANT–MISCELLANEOUS.
a)
Arbitration & Jurisdiction. You andKSagree that the exclusive remedy for all disputes and claims relating in any way to, or arising out of, this Licence Agreement, the Services, or your use of the Services, or to any other alleged act or omission by you orKStoward the other, shall be FInal and binding arbitration. The arbitration shall be conducted under the Commercial Arbitration Rules of the British law. You andKSalso agree that Rules for Emergency Measures of Protection shall apply to the proceedings. You andKSmay litigate in court only to compel arbitration under this Licence Agreement or to conFIrm, modify, vacate or enter judgement on the award rendered by the arbitrators. To the extent that you have breached or have indicated your intention to breach this Licence Agreement in any manner which violates or may violate FI’s intellectual property rights, or may cause continuing or irreparable harm toKS(including, but not limited to, any breach that may impact FI’s intellectual property rights, or a breach by reverse engineering),KSmay seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction. You andKSmust commence an arbitration by FIling a demand for arbitration within ONE (1) MONTH after the date the party asserting the claim FIrst knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period (If applicable law prohibits a one-year limitations period for asserting claims, the claim must be asserted within the shortest time period in excess of one year that is permitted by applicable law.). To the fullest extent permitted by applicable law: no arbitration under this Licence Agreement shall be joined to an arbitration involving any other current or former licencee of FI, whether through class arbitration proceedings or otherwise; no FInding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral estoppels effect in any arbitration hereunder (unless determined in another proceeding between you and FI); and no conclusion of law in any other arbitration may be given any weight in any arbitration hereunder (unless determined in another proceeding between you and FI). British law without regard to conflicts of law provisions shall govern this Licence Agreement, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the State of Washington.
b)
Complete Agreement. This Licence Agreement shall constitute the complete and exclusive agreement between us, notwithstanding any variance with any purchase order or other written instrument submitted by you, whether formally rejected byKSor not. The acceptance of any purchase order you place is expressly made conditional on your consent to the terms set forth herein. The terms and conditions contained in this Licence Agreement may not be modiFIed by you except in writing duly signed by you and an authorized representative of FI. If any provision of this Licence Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. The United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded, will not govern this Licence Agreement.
Copyright (c) 2004-2012 Kryptext ltd. All rights reserved. Kryptext, Kryptext for Pocket PC, KryptPic, Kryptext Instant Messaging and Kryptext Services are registered trademark or trademarks of Kryptext Ltd.
EXHIBIT A
Kryptext ltd.
TERMS OF SERVICE FOR Kryptext Services
Terms of Service for Kryptext Software
IMPORTANT — READ CAREFULLY: These Terms of Service for Kryptext Services (“Agreement”) is a legal agreement between you (either an individual or an entity) and Kryptext ltd and its suppliers and licensors (collectively “FI” or “Kryptext Software”) for the Kryptext Software and Services (“Services”). The Services include product upgrades, support and access to content as described. You may only receive the Services if you are a Service subscriber in good standing with a valid, authorized credit card on File with Kryptext Software, or if you are in the trial period of the Services.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT PURCHASE OR USE THE SERVICES.
YOU AGREE THAT YOUR USE OF THE SERVICES ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREED TO BE BOUND BY ITS TERMS AND CONDITIONS.
THE SERVICES MAY BE PROVIDED TO YOU ON A FREE OR TRIAL BASIS AT THE SOLE DISCRETION OF KRYPTEXT Ltd.
YOUR USE OF THE KRYPTEXT SOFTWARE WILL BE GOVERNED BY THE KRYPTEXT’s SOFTWARE LICENCE AGREEMENT ACCOMPANYING THE SOFTWARE.
1. PAYMENT & SERVICES.
Following the expiration of a trial period that may be provided to you in the sole discretion of Kryptext ltd, you agree to pay Kryptext Ltd if monthly, quarterly, half-yearly or annual service charges for your use of the Services using a valid credit, debit or switch card, direct debit or standing order, plus any applicable taxes, in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable. You authorise Kryptext ltd to automatically bill the charge card you provide each month, each quarter, half-yearly or each year, or withdraw funds via electronic transfer from your checking account (depending on what type of charge card you are using), until you cancel the Services. Payments are billed in advance at the beginning of the applicable month. All payments are completely non-refundable. You may cancel the Services at any time, but KS will not refund any remaining portion of your subscription fees, including any minimum commitments, already billed to your account. You agree to provide KS with a valid credit card and accurate, complete and updated information required by the subscription registration form. Failure to comply may result in the immediate termination of Services.
You agree to notify KS about any billing problems or discrepancies within 60 days after they first appear on your account statement. If you do not bring them to FI’s attention within 60 days, you agree that you waive your right to dispute such problems or discrepancies.
During your subscription period, you will be entitled to receive:
(1) any generally available Kryptext upgrades released during your subscription period; and
(2) Kryptext support services You understand that all information, audio, video, musical compositions, multimedia presentations, images, artwork, data, text, software, sound, photographs, graphics, messages or other materials (collectively, “Content”) provided in conjunction with the Services are the sole responsibility of the entity from which such Content originated and not FI. You understand that by using the Service, you may be exposed to Content that you may FInd objectionable; it is your responsibility to determine which Content meets your standards.
UNDER NO CIRCUMSTANCES WILLKSBE LIABLE IN ANY WAY FOR ANY CONTENT THAT YOU HAVE ACCESS TO DURING YOUR SUBSCRIPTION PERIOD, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, QUALITY OF THE CONTENT, AVAILABILITY OF THE CONTENT, THE SUBJECT MATTER OF THE CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT PROVIDED AS PART OF THE SERVICE.
2. YOUR RIGHT TO CANCEL KRYPTEXT
You may cancel Kryptext software services at any time. You will not receive any refund or partial refund for any charges already billed to your account. In the event you signed up for a minimum contract period, you will be responsible for all charges for the entire minimum contract period. You may cancel the services by accessing your Kryptext Software account at www.Kryptext.com. Cancellation instructions are available on the website. You understand and agree that cancellation of your subscription is your sole right and remedy with respect to any dispute with FI. This includes, but is not limited to, any dispute related to, or arising out of:
(1) any term of this Agreement or FI’s enforcement or application of this Agreement;
(2) any policy or practice of FI, including anyKSPrivacy Policy, or FI’s enforcement or application of these policies;
(3) the Content available throughKSor the Internet or any change in Content provided through FI;
(4) your ability to access and/or use the Content;
(5) any Kryptext Ltd or Content provided by or through Kryptext Ltd ; or
(6) the amount or type of fees, applicable taxes, billing methods, or any change to the fees, applicable taxes, or billing methods.
3. KRYPTEXT Ltd’S RIGHT TO TERMINATE OR MODIFY SERVICES
KS may modify the terms of this Agreement or the Services, including but not limited to the price, content or nature of the Services, upon notice to you. In the eventKSmodiFIes the Agreement or the Services, you may terminate the Services. KS may terminate this Agreement and any Services at any time upon notice to you, provided that you will be entitled to receive the Services for any period for which you have already paid, or a pro-rata refund at KS’s sole discretion. KS may provide notice by e-mail or by publishing the changes on its website. This Agreement will automatically terminate if you fail to comply with any term. No notice shall be required from KS to effect such termination. Upon any termination of this Agreement (whether by you or KS), you shall immediately discontinue use of the Services. Your obligation to pay accrued charges and fees shall survive any termination of this Agreement.
4. SERVICE USE RESTRICTIONS.
a)
You agree that you shall only use the Services and Content in a manner that complies with all applicable laws in the jurisdictions in which you use the Services and Content, including, but not limited to, applicable restrictions copyright and other intellectual property rights. Except as specifically authorised herein, you may not:
(i) permit other individuals to use the Services;
(ii) modify, translate, distribute or create derivative work of the Services;
(iii) copy or redistribute the Content;
(iv) rent, lease, transfer, or otherwise transfer rights to the Services;
(v) remove any proprietary notices or labels on the Service; and
(vi) add to, alter, delete from, or otherwise modify the Content.
b)
You may not attempt to, in conjunction with, any device, software program or service, circumvent technological measures employed to control access to, or the rights in, a Content FIle.
c)
In addition to any other remedies available in equity or law to KS and KI’s Content suppliers, failure to comply with any of the terms and conditions in this Section 4 Service Use Restrictions shall immediately terminate your licence to the Content and the Services.
5. PERSONAL INFORMATION AND PRIVACY
Your election to use the free or paid Software and Services, indicates your acceptance of the terms of the Kryptext Ltd Privacy Policy, so please review it carefully if you have any questions about Kryptext Ltd treatment of personal information you provide to us. To summarize key terms of the Kryptext Ltd’s Privacy Policy: Information collected during product purchase, trial sign up and product registration includes name, e-mail address, gender, location information, product and service information, information on software downloads and updates, systems information, content preferences, purchase information and credit card billing information. The information is stored locally on a user’s personal computer and on Kryptext Ltd’s servers and is sent to and from such servers as part of routine product communications that enable Kryptext functionality.
Kryptext Ltd uses this information to:
a)
Verify access rights to premium content, services or software.
b)
To provide you with information about products, services, news and events.
c)
To allow you to purchase and download products and services.
d) For licence reporting, billing, royalty payments and assessment of service levels.
e) To better understand on an aggregated basis how our products are used, traffic patterns and what types of content and services are most popular with users of our products and services.
You are responsible for maintaining the conFIdentiality of your password and account information. You are responsible for all activities that occur in your account and you agree to notify Kryptext Ltd immediately of any unauthorized account use. Kryptext Ltd is in no way responsible for any loss that you may incur as a result of any unauthorized use of your user account and password.
6. E-MAIL NOTIFICATION
To let you know what new Content and Services are available from time to time, KS will send you e-mail describing the latest Content and how to get access to the Content. You agree that as a Service subscriber,KS may send you such e-mail to the address you provide. Because this e-mail is necessary for you to receive the Services, you will receive this e-mail even if you have opted out of receiving other e-mail from KS.