Effective date: April 18, 2019
Last updated: October 10, 2019
END USER LICENSE AGREEMENT
The following document contains the terms of the agreement between the End User and Cypherdog (hereinafter referred to as “Licensor”). By choosing to use the Cypherdog product, you agree to be bound by the terms of this license, that is, to acquire entitlement and assume the obligations described below. This license allows you to use the Cypherdog software only as part of the provided electronic data backup and archiving service. Under the granted license, the user does not acquire rights for purposes other than those specified in the contract, in particular the license does not transfer property rights to the software.
The license authorizes the use of data archiving software and services located on the external servers of the Licensor within a specified period from the date of installation of the product whose length is indicated in the concluded contract. If, after the license period has expired, you decide not to renew it – you should download the archived data under pain of loss. The Cypherdog app will warn you of this necessity by indicating the date when your data will be automatically deleted.
The software user takes full responsibility for the content and form of the data submitted for archiving (backup). The Licensor does not have access to the content of archived files and has no technical ability to restore them in the event of the user’s private encryption key being lost. Data subject to archiving (backup) using software are located in Poland in a professional Data Processing Center or on Amazon servers – Ireland.
The contract does not transfer the copyright of the program. The contract only allows for paid use of the Cypherdog application both in the subject scope and in the time range specified in the contract concluded between the parties. The sole owner of the proprietary copyrights to the Cypherdog Security Inc. application software based in the USA; these rights are subject to legal protection under the US Copyright and Related Rights Act, relevant provisions of international conventions and the applicable law of the country in which the Cypherdog Application is used. You may not copy the software and accompanying documentation for reasons other than those specified in this license and contract.
You agree that you will not modify, change, decompile, translate, sell, distribute or transfer the Software or any part thereof or in any other way seek to find the source of the Cypherdog application. A legal copy prepared within the limits of this license must contain the same characteristics and conditions as to copyright, to which the Licensor is entitled. You also agree not to infringe the trademark rights associated with the Cypherdog Software application and the Licensor’s enterprise by using them only in accordance with the regulations and accepted practice. You do not have the right to use the Software and Licensor trademarks for reasons other than the Licensor’s identification as the creator and entity authorized to provide access to the Software.
Termination of the contract relating to the paid provision of services takes place in particular in connection with the passage of time for which the contract was concluded or as a result of termination of the contract in a situation where the Licensee breaches the provisions of the contract. All provisions of this license regarding the exclusion of liability under warranty, measures or damage, limitation of the Licensor’s obligations and rights, after termination – will continue despite the termination of the agreement between the parties. In the event of termination of the contract concluded between the parties, all granted rights will expire and return to the Licensor. Immediately after termination, you must delete all copies of the Software under your control and possession.
The user bears the risk associated with the use of the software. The software is provided “as is” without warranty of any kind, express or implied, including without implied warranty of fitness for a particular purpose and merchantability, and the entire risk as to the quality and performance of the software is on your side. The Licensor shall not be liable for any consequential, special, incidental, direct or indirect damages in any way (including compensation for loss of profits, business interruption, loss of information or other material benefit or other loss without limitation) resulting from the use or inability to use from the software, even if the Licensor has been advised of the possibility of such damage or for any third party claims.
The Licensor grants licenses covered by this Agreement in good faith, but with the express reservation of licensing the Software as they are; as long as you not otherwise explicitly indicated. The Licensor cannot guarantee the operation of the Software in an uninterrupted manner and completely free of defects in relation to issues related to the lack of hardware compatibility of users or the impact of malicious software, i.e. events completely independent of the Licensor. In particular, the Licensor is not obliged to remove faults or errors resulting from incorrect installation, hardware incompatibility or internet connections, making any changes to the software or other type of use of the Software in a manner inconsistent with the Agreement or the documentation provided. Liability of the Licensor and entities he uses in the performance of his service for damages suffered by the User is limited to the amount of the relevant part of the license fee received by the Licensor in connection with making the Software available to the injured User.
In the event that any of the provisions of this License and the contract concluded between the parties is declared void or ineffective by a court or tribunal of competent jurisdiction, such provision will be invalid and will be considered excluded from this license / contract, however all other terms of this license remain in power.
This license is solely regulated and interpreted in accordance with US law.
Entity responsible for providing license for software and service delivery:
Cypherdog Sp. z o.o., Plac Solny 14/3. 50-062 Wrocław, POLAND
Cypherdog Security Inc., 2040 Martin Ave, Santa Clara 95050 CA, USA
General contact form: https://cypher.dog/contact/
Cypherdog’s Data Protection Officer contact: firstname.lastname@example.org