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- Legal Notice
SurErase™ End-User License Agreement
IMPORTANT - READ CAREFULLY. This End-User Software License Agreement (the "Agreement" or "License") is a legal agreement between you (both the individual installing the Product and any legal entity on whose behalf such individual is acting)("You" or "Your") and Veriam Technologies, Inc., a Delaware corporation ("Veriam"), for Veriam's SurErase product(s), which includes computer software and associated media, and all accompanying manuals and other documentation, whether printed, "online", electronic or otherwise (the "Product"). By installing, copying, or otherwise using the Product, You agree to be bound by the terms of this Agreement. If you do not agree to all of the terms of this Agreement, do not install, copy or otherwise use the Product, and return the unused Product (including any CD, USB drive, documentation, and other materials) within 30 days after you receive it to Veriam with the original receipt of purchase for a full refund.
SOFTWARE LICENSE
The Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Product is licensed, not sold. If the Product is an upgrade from another product, You may use that upgraded product only in accordance with this License.
- GRANT OF LICENSE. This Product is licensed by an individual end-user. Subject to the terms and conditions of this Agreement, Veriam hereby grants to You as an individual, (i) a personal, non-exclusive, non-sublicensable, non-transferable license to use the Product in accordance with the relevant end-user documentation provided by Veriam. If You are an entity, Veriam grants You the right to designate one individual within the entity to have the right to use the Product in the manner described in this Agreement.
- OTHER RIGHTS AND LIMITATIONS. During the term of this Agreement:
Permitted Use. You shall limit the use of the Product to the number of erases, systems, locations, or other restrictions as may be provided in the specific version of the product that You purchased. You shall not permit or allow any third party to use or have access to the Product, whether by timesharing, networking or any other means. Although a single-user license expressly permits the use of the Product on multiple machines, if You purchased a single-user license, that usage must not be performed concurrently.
Maintenance and Support. Veriam has no obligation to provide support, maintenance, upgrades, modifications, or new releases under this Agreement.
Reverse Engineering, Decompilation, and Disassembly. You may possess and use the Product only in machine-readable form. You have no right to receive, use or examine any source code or design documentation relating to the Product. You may not modify, translate, decipher, decompile, disassemble or otherwise reverse engineer or attempt to reconstruct or discover any source code or underlying ideas or algorithms or file formats or programming or interoperability interfaces of the Product(s) by any means whatsoever, other than to the extent Veriam is required by law to permit You to do so. You may not (or allow any third party to) modify the Product or incorporate any portion of the Product into any other software or create a derivative work of any portion of the Product, or develop any other product containing any of the concepts and ideas contained in the Product.
Advertisement. You shall not list the Product or any promotional or marketing publication issued by You without the prior written consent of Veriam.
U.S. Government Restricted Rights. This Product is licensed to the U.S. Government with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 and the Commercial Computer Software clause at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is Veriam Technologies, Inc., 401 Congress Ave, Suite 1540, Austin TX 78701.
Government Restricted Rights. This provision applies to Product acquired directly or indirectly by or on behalf of any government entity other than the U.S. Government. The Product is a commercial product, licensed on the open market at market prices, and was developed entirely at private expense and without the use of any government funds. Any use, modification, reproduction, release, performance, display, or disclosure of the Product by any government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement, and no license to the Product is granted to any government entity requiring different terms. - TITLE AND INTELLECTUAL PROPERTY. Veriam or its licensors have and will retain all right, title, and interest and ownership in and to the Product and any copies or updates thereof. You acknowledge that the Product constitutes proprietary information and trade secrets of Veriam and its licensors, whether or not any portion thereof is or may be the subject of a valid copyright or patent. The Product is protected under international copyright, trademark and trade secret laws. You shall maintain all information and data contained in the Product or any portion thereof in strict confidence and shall not publish, communicate or disclose, or permit to be published, communicated or disclosed, to third parties such information and data without Veriam's prior written consent. You shall take all appropriate steps to ensure that persons having access to the Product shall refrain from any unauthorized reproduction, use or discloser of the Product or any portion thereof. You must reproduce and include all the copyright notices and any other notices that appear on the original Product copy (Veriam's or others') on any copy and in any media therefore.
- TERM AND TERMINATION. The license granted to You and the obligations hereunder are perpetual and will continue unless terminated or transferred as provided herein. Veriam may terminate this Agreement at any time upon Your breach or violation, whether actual or threatened, of any term of this Agreement. Upon termination of this Agreement, You shall (i) discontinue all use of the Product; (ii) deliver to Veriam or destroy the Product and all documentation and related materials in your possession, including copies thereof; (iii) certify to Veriam within one (1) week after termination hereunder that You have delivered to Veriam and/or destroyed the Product and all copies of the Product in accordance with this Section.
INDEMNIFICATION and LIMITED WARRANTIES
LIMITED WARRANTY. VERIAM ONLY WARRANTS THAT THE PRODUCT WILL BE FREE FROM MATERIAL DEFECTS FOR A PERIOD OF 90 DAYS FOLLOWING ITS PURCHASE. IF A MATERIAL DEFECT OCCURS WITHIN 90 DAYS, YOU MAY RETURN THE SOFTWARE TO VERIAM FOR A FREE REPLACEMENT, EXCEPT FOR ANY ADDITIONAL RIGHTS THAT MAY EXIST IN YOUR JURISDICTION. THE FOREGOING REMEDY IS YOUR SOLE REMEDY FOR VERIAM'S BREACH OF THIS WARRANTY.
NO OTHER WARRANTIES - DISCLAIMER. WITH THE EXCEPTION OF THE FOREGOING EXPRESS WARRANTY, THE PRODUCT IS LICENSED TO YOU "AS IS." VERIAM DOES NOT REPRESENT OR WARRANT THAT THE PRODUCT, ITS USE OR THE WORK PRODUCT PRODUCED USING THE PRODUCT: (i) WILL BE UNINTERRUPTED OR FREE OF INACCURACIES OR ERRORS; (ii) WILL MEET YOUR REQUIREMENTS; OR (iii) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR OTHER SOFTWARE YOU MAY SELECT. VERIAM HERBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VERIAM NOR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING OUT OF THE SUBJECT MATTER OF THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOST PROFITS, LOST SAVINGS, LOSS OF GOODWILL, OR OTHERWISE, OR FOR LOSS OF OR CORRUPTION OF DATA, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR TECHNOLOGY, IRRESPECTIVE OF WHETHER SUCH LOSS OR DAMAGE IS FORESEEABLE BY VERIAM, AND EVEN IF VERIAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, IF WE ARE NONETHELESS DETERMINED TO BE LIABLE TO YOU UNDER OR IN CONNECTION WITH THIS LICENSE, OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEES YOU HAVE PAID TO VERIAM UNDER THIS AGREEMENT. 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.
RETURN POLICY
These return policies are industry standard for all software and media products due to piracy issues.
SurErase Pro software may be returned within 30-days of the date of purchase for a refund provided a Return Merchandise Authorization or (RMA) number has been issued. Your RMA number must be enclosed within the packaging before shipping your product. NO returns of any kind will be processed without an RMA number.To obtain an RMA number, contact customer service by emailing support@surerase.com.
Once your product is received, a credit will be issued back to the credit card used to purchase the product. The credit card will be credited for the purchase price of the product returned.
Returns may take 4 to 8 weeks to process.Return Authorizations are valid for 30-days from the date of purchase. Return shipping charges are the responsibility of the customer and are non-refundable.
We strongly recommend you fully insure your return shipment in case it is lost or damaged and utilize registered U.S. Mail, as for delivery confirmation, or use a service such as Fed-Ex or UPS which provide you with proof of deliver for your protection.
All products returned MUST: contain ALL original materials including CD, USB Key, case, cover, and instructions. NO returns of any kind will be accepted unless all of the original product components are returned.
We reserve the right to deny the refund of any product, particularly due to evidence that the product has been successfully used to erase a device.
SurErase Small Business software may be returned within 30-days of the date of purchase for a full or partial refund provided a Return Merchandise Authorization or (RMA) number has been issued. Your RMA number must be enclosed within the packaging before shipping your product. NO returns of any kind will be processed without an RMA number.
Refund amounts for SurErase Small Business will be determined based upon the number of devices that have been erased using the product.
To obtain an RMA number, contact customer service by emailing support@surerase.com.
Once your product is received, a credit will be issued back to the credit card used to purchase the product. The credit card will be credited for the purchase price of the product returned.
Returns may take 4 to 8 weeks to process.
Return Authorizations are valid for 30-days from the date of purchase. Return shipping charges are the responsibility of the customer and are non-refundable.
We strongly recommend you fully insure your return shipment in case it is lost or damaged and utilize registered U.S. Mail, as for delivery confirmation, or use a service such as Fed-Ex or UPS which provide you with proof of deliver for your protection.
SurErase Enterprise software and hardware may be returned in the manner described in your specific license agreement. Please contact your sales representative to discuss the return of SurErase Enterprise.
Miscellaneous Provisions
EXPORT RESTRICTIONS. You are responsible for complying with all foreign and domestic laws and trade regulations. The Product and its underlying information and technology may not be downloaded or otherwise exported or re-exported: (i) into Cuba, Libya, Sudan, North Korea, Iran, Syria, or any other country subject to a U.S. embargo, or to any national or resident of any of these countries or (ii) to any person or entity on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Persons List or Entities List. By using the Product, you agree to the foregoing and represent and warrant that: (i) no U.S. federal agency has suspended, revoked or denied your export privileges; (ii) you are not located in any such country 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 country or to any prohibited person, entity or end-user as specified by U.S. export controls.
INVALID, ILLEGAL OR UNENFORCEABLE PROVISIONS. In the event that any one or more provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, each invalid or unenforceable provision or provisions of the Agreement shall be treated by the tribunal as modified to the least extent necessary to rectify its invalidity or unenforceability and shall be enforced as so modified, and the remainder of the provisions of this Agreement shall be unimpaired and remain in full force and effect.
BINDING EFFECT: ASSIGNMENT. You may only assign the Product to another party if that party takes the Product subject to all of the terms and conditions of this Agreement. If you assign the Product, you may not use the Product or retain any copies of it in any format whatsoever and all of your rights under this Agreement will immediately terminate.
SURVIVAL . Upon termination of this Agreement all rights and obligations of the parties shall cease, except for Your obligations pursuant to Sections 2, 3 and 4, which shall survive such termination.
GOVERNING LAW. This Agreement shall be governed by, and construed in accordance with, the internal laws of the State of Delaware.
THIRD PARTY SOFTWARE. The provisions of this Agreement shall apply to all third party Software Providers and to third party Software as if they were the Product and Veriam, respectively.
