This End User License Agreement ("EULA") is a contract between you ("you", "your", or "Licensee") and Aegis Softex LLC ("Aegis Softex LLC", "we", "us", or "our"). It sets out the terms under which any software we make available (the "Licensed Software") is licensed — not sold — to you. The Licensed Software includes computer software and may include associated media, printed materials, online or electronic documentation, and internet-based services.
1. Important — Read Carefully
Please read this EULA as carefully as you would read any other legal document. By installing, copying, or otherwise using the Licensed Software, you agree to be bound by the terms of this EULA. If you do not agree, do not install or use the Licensed Software.
If you have not installed, accessed, or used the Licensed Software, you may return it within thirty (30) calendar days after acquiring it to your place of purchase for a refund of the amount paid (less, if applicable, shipping, handling, and any taxes). The terms of our Privacy Policy govern our use of any registration data and other information you provide in connection with the Licensed Software — please take the time to read it.
If you are residing in, located in, or a citizen of the United States when acquiring the Licensed Software, this EULA provides for a Class Action Waiver and for Disputes to be referred to binding Arbitration (see Section 11), which may affect your rights. You may opt out of the binding individual arbitration and class action waiver within thirty (30) days of agreeing to this EULA.
2. License Grant & Contents
Subject to your compliance with this EULA, we grant you a limited, non-exclusive, non-transferable license to use the Licensed Software. The "Licensed Software" includes all contents of the files or media for which this EULA is provided, including:
- Computer information or software that Aegis Softex LLC has licensed for inclusion in the Licensed Software;
- Written materials or files relating to the Licensed Software ("Documentation");
- Upgrades, modified versions, updates, additions, and copies of the Licensed Software, if any (collectively, "Updates").
3. Installation & Activation
Unless you have purchased a site license, you may install and/or use one copy of the Licensed Software per user license included. To determine how many user licenses you received, consult the packaging or, for electronic downloads, your order receipt. Additional user licenses may be purchased through our website at the prices listed there. You are solely responsible for all expenses incurred in your installation of the Licensed Software.
The Licensed Software may contain technological measures designed to prevent unlicensed or illegal use, and may limit the number of times or machines on which it can be installed to ensure compliance with this EULA. The Licensed Software may require activation as explained during installation and in the Documentation, which may require a serial number and an account with us. Trial versions may not require a serial number but may be limited in time or functionality. If activation is required and not completed within the period described, the Licensed Software may cease to function until activation is completed. If you have any problem with activation, please visit our Support page.
4. Devices & Internet Access
The Licensed Software is designed for use on physical devices (such as desktop and laptop computers) and may not function fully on virtual machines. Some features may require an active internet connection. The provisions below that disclaim warranties and limit liability apply, among other things, to internet-service interruptions and unavailability.
5. Personal Data Protection
By using the Licensed Software, you consent to the collection and use of certain information about you and your use of the Licensed Software in accordance with our Privacy Policy. We may collect, use, transmit, process, and maintain information related to your account and any registered devices for the purpose of providing the Licensed Software and its features. This may include technical or diagnostic information used to support, improve, and enhance our products and services. You understand and agree that such information may be transferred to the United States and/or other countries for storage, processing, and use by us, our affiliates, and our service providers, consistent with our Privacy Policy.
6. Copies & Transfer
You may make one copy of the Licensed Software for backup or archival purposes only; the Documentation may not be duplicated. You may not sell, assign, sublicense, rent, lease, lend, or otherwise transfer the Licensed Software or the license granted by this EULA without our prior written consent.
7. Permitted & Prohibited Uses
The license granted by this EULA is non-exclusive, and you may use the Licensed Software only as expressly permitted by this EULA. You may not:
- Modify, alter, adapt, or translate all or any portion of the Licensed Software;
- Create any derivative works from all or any portion of the Licensed Software;
- Reverse-engineer, decompile, disassemble, or otherwise attempt to discover the source code, except to the extent this restriction is prohibited by applicable law;
- Use a previous version after receiving a replacement or upgraded version (in which case you must destroy the prior version);
- Use the Licensed Software in any critical systems where failure could result in significant harm;
- Remove or obscure any Aegis Softex LLC or third-party copyright or trademark notices included in the Licensed Software;
- Use the Licensed Software to host applications for third parties as part of a facility-management, timesharing, service-provider, or service-bureau arrangement; or
- Use the Licensed Software in any manner not authorized by this EULA.
8. Software & Content Updates
If the Licensed Software is an Update to a previous version, you must possess a valid license to the previous version. Updates are provided on a license-exchange basis: as a condition of receiving an Update, you agree to terminate your rights to use any previous version, except that you may continue to use the previous version only to assist in transitioning to the updated version. Once an Update is released, we may cease support for prior versions without notice.
We may also provide updates to content within some software from time to time (for example, driver-database updates, rules, or vulnerability data) ("Content Updates"). We may, at our discretion and without notice, add, modify, or remove features, including Content Updates, at any time.
9. Support
This EULA does not obligate us to provide technical support for the Licensed Software; however, you may order additional support services for an additional charge as we may offer from time to time. Our paid support services are described on our Services page and governed by our Terms & Conditions and Refund Policy.
10. Governing Law
You may be a consumer, and nothing in this EULA limits any rights granted to you by applicable mandatory consumer-protection law. Except where such mandatory law provides otherwise, this EULA is governed by and construed in accordance with the laws of the State of Wyoming, USA, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
11. Dispute Resolution & Arbitration
Outside the United States. If you reside in, are located in, or are a citizen of a country other than the United States when acquiring the Licensed Software, any dispute arising out of or in connection with this EULA shall, to the extent permitted by the mandatory consumer law of your usual place of residence, be subject to the competent courts of the State of Wyoming, USA, without prejudice to your right to bring proceedings in your home jurisdiction where required by law.
United States — binding arbitration. If you reside in, are located in, or are a citizen of the United States when acquiring the Licensed Software, the following applies. Arbitration is a form of private dispute resolution in which the parties waive their right to file a lawsuit, proceed in court, and have a jury trial, and instead submit disputes to a neutral arbitrator for a binding decision. You have the right to opt out of this provision (see below).
For this provision, "Aegis Softex LLC" includes its parents, subsidiaries, affiliates, and their officers, directors, employees, and agents. "Dispute" means any dispute, claim, or controversy between you and Aegis Softex LLC regarding any aspect of your relationship with us, on any legal or equitable theory, and is given the broadest meaning permitted.
We each agree that, except as provided below, any and all Disputes will be resolved exclusively and finally by binding arbitration rather than in court.
- Pre-arbitration claim resolution. Before commencing arbitration, you must give us an opportunity to resolve the Dispute by mailing written notice to: Aegis Softex LLC, Legal Department, 30 N Gould St Ste R, Sheridan, WY 82801, USA. Your notice must include (1) your name, (2) your address, (3) a written description of your Dispute, and (4) the specific relief you seek. If we do not resolve the Dispute within 45 days, you may proceed to arbitration.
- Right to opt out. You may opt out of arbitration within thirty (30) days from the date you first consent to this EULA by mailing written notice to the address above, including your name, address, and a clear statement that you do not wish to resolve disputes through arbitration. Opting out has no adverse effect on your relationship with us.
- Small claims. Either party may bring an individual claim in small-claims court if it qualifies.
- Procedures. A nationally recognized arbitration provider will administer the arbitration before a single arbitrator on an individual (non-class) basis under that provider's applicable rules; the arbitrator decides all issues, including the scope of this provision. Because the Licensed Software concerns interstate commerce, the Federal Arbitration Act governs arbitrability.
- Award. The arbitrator may award any individual relief available under applicable law, in writing, final and binding except for limited review under the FAA, and enforceable in any court of competent jurisdiction.
- Class Action Waiver. The arbitrator may not consolidate more than one person's claims or preside over any class or representative proceeding unless both parties agree. If you opt out of arbitration, this Class Action Waiver does not apply to you. If the Class Action Waiver is found unenforceable, this entire arbitration provision is unenforceable and the Dispute will be decided by a court.
- Jury waiver. By entering into this agreement, you and Aegis Softex LLC each waive the right to a jury trial or a trial before a judge in a public court, except as otherwise provided.
This Section 11 survives termination of your use of the Licensed Software and any related Aegis Softex LLC websites or services.
12. Limited Warranty on Media
We warrant that any physical media on which the Licensed Software is distributed will be free from material defects for thirty (30) days from delivery. If you discover a defect in the media during this period, your sole remedy is to return the defective media to us for replacement or, at our option, a refund of the amount you paid for the Licensed Software.
13. No Warranty on Software
EXCEPT FOR THE LIMITED MEDIA WARRANTY ABOVE, THE LICENSED SOFTWARE AND ALL RELATED AEGIS SOFTEX LLC WEBSITES AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AEGIS SOFTEX LLC AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUALITY, ACCURACY, AVAILABILITY, OR UNINTERRUPTED OR ERROR-FREE OPERATION, AND ANY WARRANTY THAT THE SOFTWARE WILL BE FREE OF VIRUSES OR HARMFUL COMPONENTS OR OPERATE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AEGIS SOFTEX LLC OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS (INCLUDING THOSE BASED ON THE USE OF OR INABILITY TO USE THE LICENSED SOFTWARE OR RELATED WEBSITES OR SERVICES), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS. IN ANY CASE, THE AGGREGATE LIABILITY OF AEGIS SOFTEX LLC AND ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS EULA SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE LICENSED SOFTWARE. NOTHING IN THIS EULA EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW (SUCH AS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR FOR FRAUD).
15. Beta / Pre-Release Software
If the Licensed Software is pre-commercial or "beta" software ("Pre-release Software"), this section supersedes any conflicting term only to the extent necessary to resolve the conflict. You acknowledge that Pre-release Software is not the final product, may contain bugs and errors that could cause system failure or data loss, and is provided without warranty or liability to the maximum extent permitted by law. In jurisdictions where liability for Pre-release Software cannot be excluded but may be limited, our and our suppliers' liability is limited to fifty U.S. dollars (USD 50).
We have not promised that Pre-release Software will be announced or released, and we have no obligation to do so. Any research or development you perform regarding Pre-release Software is at your own risk. If requested, you will provide feedback (including bug reports). If you are located outside the United States, you will return or destroy all unreleased versions within 30 days of completing your testing if earlier than our first commercial release.
16. Export Compliance
You shall not ship, transfer, or export the Licensed Software into any country, or use it in any manner, prohibited by applicable export-control laws and regulations (including, where applicable, U.S. export laws) (the "Export Laws"). All rights to use the Licensed Software are granted on the condition that you comply with the Export Laws, and such rights are forfeited if you fail to comply.
17. Intellectual Property Ownership
The Licensed Software and any authorized copies you make are the intellectual property of, and are owned by, Aegis Softex LLC and the third parties whose intellectual property has been licensed to us. The structure, organization, and code of the Licensed Software are valuable trade secrets and confidential information. The Licensed Software is protected by law, including copyright laws of the United States and other countries and international treaty provisions. Except as expressly provided in this EULA, you are not granted any intellectual property rights in the Licensed Software. We reserve all rights not expressly granted to you.
18. Term & Termination
If you breach this EULA and fail to cure the breach within thirty (30) calendar days after our request, we may terminate this EULA, whereupon all rights granted to you immediately cease. Upon termination, you must return to us all copies of the Licensed Software or verify in writing that all copies have been destroyed. Within thirty (30) calendar days after our request, you will provide documentation and certify that your use of the Licensed Software conforms to this EULA. The warranty disclaimers and liability limitations survive termination, but such survival does not create any continued right to use the Licensed Software after termination.
19. Money-Back Guarantee
If for any reason you are dissatisfied with the Licensed Software, you may request a refund of the amount paid within thirty (30) calendar days after acquiring it by contacting us. Once a refund is issued, the license granted by this EULA is no longer valid and any further use of the software will infringe our copyright. See our Refund Policy for full details.
20. General Provisions
Entire agreement. This EULA constitutes the entire agreement between you and Aegis Softex LLC relating to the Licensed Software and supersedes all prior or contemporaneous understandings regarding it. It is binding on and benefits the parties and their successors and permitted assigns.
Modification. This EULA may only be modified, supplemented, or amended by a writing signed by an authorized officer of Aegis Softex LLC.
Severability. Except as provided in Section 11, if any provision is found unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions remain in full force and effect.
Waiver. No failure or delay by us in exercising any right operates as a waiver unless made by our specific written notice, and no single or partial exercise precludes any further exercise of that or any other right.
21. Contact
Questions about this EULA? Contact us at:
- Email: contact@aegissoftex.com
- Phone: +1 (888) 869-0833
- Post: Aegis Softex LLC, 30 N Gould St Ste R, Sheridan, WY 82801, USA