PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THIS SOFTWARE.
SpeedyPassword (the “Software”) is a software application created by and is being made available to you by SpeedyPC Software (hereinafter “SpeedyPC Software”). By installing and using this Software, you agree to abide by the following terms and conditions.
- LICENSE – Subject to the terms and conditions of this Agreement, SpeedyPC Software grants to you a limited, non-exclusive, non-transferable license to use or evaluate the Software in accordance with the terms and conditions of this Agreement and any other written agreement between you and SpeedyPC Software. You have created an account license to use the Software. You do not have the right to sublicense any use of the Software. You have purchased a license to use the Software and SpeedyPC Software does not transfer title of the Software to you. This Agreement is a legally binding agreement between SpeedyPC Software and you and/or the authorized user(s) (hereinafter collectively “you”) of this Software. If you do not agree to the terms and conditions of this Agreement, you are required to immediately stop installing or using this Software. You must remove the Software and any associated documentation from your computer.
- DISTRIBUTION – Unless otherwise authorized herein, this Software, any accompanying documentation, and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive and backup purposes only. To learn about redistribution of this Software, please contact SpeedyPC Software at: speedypc.com.
- USER AGREEMENT
- Registration – You agree to truthfully provide accurate account information when registering the Software or any service that is made available through the Software. This may include but is not be limited to name and valid email address. As part of the registration and installation process, the Software may offer changes to your Internet browser settings. These changes may include the default search engine for your browser, the homepage of your Internet browser, and the page displayed when you open a new tab.
- Activation of Software – In some cases, a license may be needed to use all available features of the Software. Once you have obtained a license from SpeedyPC Software in order to continue to use the Software or enable all the features of the software, you may be required to activate the Software through the Internet. The Software contains technological measures designed to prevent unlicensed use of the Software. SpeedyPC Software will use those measures to confirm you have a valid licensed copy of the Software. SpeedyPC Software will not collect any personally identifiable information from your computer location or workstation during this process.
- Distribution – The Free Version of the Software may be freely distributed, provided that:
- Such distribution includes only the original Software supplied by SpeedyPC Software. You may not alter, delete or add any files in the distribution Software or modify the Software in any way.
- No money is charged to the person receiving this Free Version Software.
- You provide prior email or written notice to SpeedyPC Software that you are distributing this Evaluation Version and receive written confirmation of SpeedyPC Software’s authorization for such distribution. If the Software is being distributed with other hardware, media or software, SpeedyPC Software’s prior written authorization is required. You may be required to report to SpeedyPC Software the number of units of this Free Version Software distributed from time to time.
- Included Applications – SpeedyPC Software reserves the right to distribute add-ons from SpeedyPC Software or other third parties that may require the purchase of such add-ons or the purchase of an additional license.
- Use -Your license to use this Software is limited to a single account license obtained by you. You shall not allow others to use, copy or evaluate copies of this licensed Software. Others may obtain a Free Version of the Software or obtain a license, if necessary, to use the Software from speedypassword.com
- Use Restrictions – You shall only use this Software in compliance with all applicable laws and not for any unlawful purpose. You cannot use the Software to trade upon the name or reputation of others, including but not limited to identity theft and fraudulent use. Each copy of this Software may be used on one single computer location or workstation, unless otherwise authorized herein or by the written authorization of SpeedyPC Software. “Use” of the Software means that you have loaded, installed, or run the Software on a computer or similar device. If you install the Software onto a multi-user platform, server or network, each and every individual user of the Software must be licensed separately in order to access all the features and functionality of the Software, if necessary. You may make one copy of this Software for backup purposes, providing you only have one copy installed on one computer location or workstation. Others may not use your account license for this Software. The assignment, sublicense, networking, sale, or distributions of this account license are strictly forbidden. The sale or distribution of the software are strictly forbidden without prior written consent. It is a violation of this Agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of this licensed Software. If any person other than yourself uses your account license registered in your name, regardless of whether it is at the same time or different times, then this Agreement is being violated. You are responsible for that violation.
- Copyright Restriction – This Software contains material that is copyrighted, deemed as trade secrets and contains other proprietary materials of SpeedyPC Software. You are not allowed to, and shall not attempt to, modify, reverse engineer, disassemble or decompile this Software. Nor are you permitted to create any derivative works or other works that are based upon or derived from the Software in whole or in part.SpeedyPC Software’s name, logo and graphics file that represent this Software shall not be used in any way to promote products developed with our Software. SpeedyPC Software retains sole and exclusive ownership of all right, title and interest in and to the Software and all intellectual property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of this Software. No program, code, part, image, or text may be copied or used in any way by the user except as intended within the bounds of this Agreement. All rights not expressly granted hereunder are reserved for SpeedyPC Software.
- Limitation of Responsibility – You will indemnify, hold harmless, and defend SpeedyPC Software, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of the Software. In no event (including, without limitation, in the event of negligence) will SpeedyPC Software, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, this Software or the use or inability to use this Software OR ANY SERVICES ASSOCIATED WITH THE SOFTWARE, or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence. YOU ASSUME ALL FAULTS, AND THE ENTIRE RISK AS TO PERFORMANCE AND RESPONSIBILITY FOR SELECTING THE SOFTWARE, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. If you purchased the Software through a reseller, distributor, retailer, or any other third party, you need to request a refund directly from such parties. The Software may use social networking and other third party websites or may include links to third party sites and resources not owned by SpeedyPC Software. SpeedyPC Software has absolutely no control over, and assumes no responsibility, for the content, privacy policies, practices, quality, and availability of any third party websites, resources, or the products, services and materials being made available from these sites. We reserve the right to delete, change or modify the links to third party websites at any time and without notice to you. The Software is not intended for and SpeedyPC Software disclaims any and all liabilities with respect to your use of the Software in the operation of communication systems, aircraft navigation, air traffic control systems, nuclear facilities, life support machines or other equipment where the failure of the Software could lead to personal injury, death or severe physical or environmental damage.
- Interruptions – You acknowledge that your access and use of the Software and any services associated with the Software may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of the Software and/or any related services for any reason, including without limitation, as a result of power outages, system failures or other interruptions. SpeedyPC Software is entitled, without any liability, to suspend access to your accounts at any time for: a) scheduled downtime to allow for maintenance or modification; b) in the event of an attack or any other event that SpeedyPC Software determines, in our sole discretion, is a risk to you or other users, or c) in the event we determine that interrupting service is necessary or advisable for legal or regulatory reasons. SpeedyPC Software shall not be liable in any event for any losses (including data or profit loss, loss of business, or loss of use), damage, or any other consequences that you might occur as a result of an interruption in service.
- Security – You are responsible for maintaining the confidentiality of your SpeedyPassword account information, including your master password and for restricting access to your hardware while logged in to the Software. You agree to accept all responsibility for any activities that occur on your SpeedyPassword account or from your hardware. Your personal passwords will be synchronized to the SpeedyPC Software online resources. The online resource database is fully encrypted via your private key – a hash of your Master Password – that is assigned to you when you register the Software and any services associated with the Software and can only be decrypted with that same private key – SpeedyPC Software cannot decrypt any data as we don’t have access to the Master Password to create the hash for decryption.
While SpeedyPC Software endeavors to use reasonable security methods to protect against unauthorized access to your account and personal passwords, SpeedyPC Software cannot guarantee absolute security of your account or personal information. SpeedyPC Software cannot guarantee that its security methods will prevent third parties (e.g. hackers) from illegally accessing your account, your passwords, the Software or your personal information. You agree to immediately notify SpeedyPC Software through our support department, at speedypassword.com, of any unauthorized use of your account or any known or potential security breach of your account. You accept all risks of unauthorized access to your account and any information provided by you through the Software and unconditionally release SpeedyPC Software of any liability in that respect. SpeedyPC Software will not be responsible for any losses arising from the unauthorized use of your account. You agree to indemnify and hold harmless SpeedyPC Software, its executives, and employees for any improper, unauthorized or illegal use of your account. YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION ON SPEEDYPC SOFTWARE WEBSITES OR VIA THE SOFTWARE IS AT YOUR OWN RISK. SPEEDYPC SOFTWARE DOES NOT ASSUME ANY LIABILITY WITH REGARD TO ANY LOSS OR DAMAGES RELATING TO YOUR SUBMISSION OF SUCH INFORMATION IN ANY WAY.
- Warranties – The Software is being provided to you on an “AS IS” and “AS AVAILABLE” basis. Except as expressly stated in writing by an authorized employee of SpeedyPC Software, SpeedyPC Software makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
- Governing Law – This Agreement shall be governed exclusively by the laws of the Province of British Columbia and the laws of Canada applicable therein except any principles regarding conflicts of law rules and the United Nations Convention on Contracts for the International Sale of Goods. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Victoria, British Columbia, and any competent Courts of Appeal therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
- Termination – Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of the license granted to you with respect to your use of the Software. Upon termination of your license granted herein for any reason, you agree to immediately cease use of the Software and destroy all copies of the Software supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
- INTELLECTUAL PROPERTY RIGHTS– All third party software products, trademarks, and company names used and displayed in the Software are the intellectual property rights of the respective owners. Furthermore, when using a third party’s software products as identified and recommended through this Software, you will be bound to that company’s own terms and conditions and legal agreements. All software product names and company names used in the Software are for identification purposes only and may be trademarks or registered trademarks of their respective owners. SpeedyPC Software is in no way affiliated with or representing any of the companies identified and displayed in this Software.SpeedyPassword is a trademark of SpeedyPC Software.