END USER LICENSE AGREEMENT

This End-User License Agreement (the “EULA”) is a legal agreement between you (the “Licensee”, whether an individual or entity), and Sinew Software Systems Pvt. Ltd. (the “Company”), the author of Enpass Password Manager (the “Software”), which may include associated media, printed materials, and “online” or electronic documentation.

By installing, copying, or otherwise using the Software, Licensee agrees to be bound by the terms and conditions set forth in this EULA. If Licensee does not agree to the terms and conditions set forth in this EULA, then Licensee may not download, install, or use Software.

1. DEFINITIONS

  1. “Company” shall refer to the licensor, Sinew Software Systems Pvt. Ltd., located at Gurugram, India and shall at all times own all intellectual property rights in the Software.
  2. “Licensee” shall mean user of Software (whether an individual or entity) who downloads and uses the Software.
  3. “User License” means each license granted to Licensee to allow an individual to access the Software on his device or system. User License could be of type “Free”, “Trial” or “Pro” and should be defined further as
    1. “Free” shall refer to type of User License for which Licensee need not to pay any fee to Company to access the Software with all features as provided by Company in Software for any particular platform. It is the Company only who reserves the rights to decide and change the feature-set under the Free User License for all platforms.
    2. “Trial” shall refer to type of User License for which Licensee need not to pay any fee to Company to access the Software with limited features as provided by Company in Software for any particular platform. It is the Company only who reserves the rights to decide and change the feature-set under the Trial User License for all platforms.
    3. “Pro” shall refer to type of User License for which Licensee have to pay fee to Company to access the Software with all features as provided by Company in Software for any particular platform. It is the Company only who reserves the rights to decide and change the feature-set under the Pro User License for all platforms.
  4. “Software” shall mean Enpass Password Manager, the deliverables provided pursuant to this EULA which includes executable object code of software programs and the patches, scripts, modifications, enhancements, designs, concepts or other materials that constitute the software programs necessary for the proper function and operation of the system as delivered by the Company and accepted by the Licensee.
  5. “App Store(s)” shall mean all or any platform specific marketplace(s), recommended and used by Company to distribute the Software directly to user’s device.

2. GRANT OF LICENSE

  1. Installation and Use.  Subject to the terms of this EULA, Company hereby grants to Licensee a non-exclusive, non-transferable User License to possess and to use a copy of the Software. Software is being distributed by Company’s website and various platform specific App Store(s).
    1. Upon downloading each copy of the Software for Desktop Platforms from Company’s website, Licensee is granted with Free User License and is permitted to download and use unlimited number of copies of Software on a shared desktop computer or concurrently on different computers, and make multiple back-up copies of Software, solely for Licensee's personal or business use.
    2. Software downloaded and installed on Mobile, Tablet or Desktop platforms from any App Store(s) could have Free, Trial or Pro User License.
  2. Reproduction and Distribution.  Only the Company reserves the rights to distribute the software through its website and registered accounts on App Store(s). Although the Licensee may distribute an unlimited number of copies of the Free version of Software, provided each copy shall be a true and complete copy to its latest version as-is downloaded from Company’s website, including all intellectual property notices, and shall be accompanied by a copy of this EULA as long as Software is not sold or included in a product or package that intends to receive benefits through the inclusion of Software. Licensee may not rent, loan, sub-license, or lease the Software to third parties. Any Licensee who is associated with Company through any Partner program of Company to test or use Software in his organization or entity must not distribute or sell the Software outside the organization or entity for which he was intended. Licensee further may not use the Software to act as a service bureau or application service provider.

3. INTELLECTUAL PROPERTY

The Software as a whole is intellectual property of Company and is protected by all applicable copyright laws and international treaties. Therefore, Licensee is required to treat Software like any other copyrighted material, except as otherwise provided for in this EULA.

4. DESCRIPTION OF RIGHTS AND LIMITATIONS

  1. Limitations.

    1. Licensee agrees to not attempt to reverse engineer, decompile, disassemble, re-engineer, derive or duplicate the Software or attempt to otherwise convert or alter the Software into human readable code, nor will it permit or help others to do any of the foregoing.
    2. Licensee must not claim that the Software is his property.
    3. Licensee must use the Software at all times in a manner that is consistent with the User License granted to Licensee.
  2. Maintenance, Updates and Pricing.  It is the Company who will decide the timing and pricing of future updates for Software comprising of new features, improvements and bug fixes.

5. OPEN-SOURCE NOTICES

Certain components of the Software may be subject to open-source software licenses ("Open-Source Components"), which means any software license approved as open-source licenses by the Open Source Initiative or any substantially similar licenses, including without limitation any license that, as a condition of distribution of the software licensed under such license, requires that the distributor make the software available in source code format. The Software documentation and Software itself includes copies of the licenses applicable to the Open-Source Components. To the extent there is conflict between the license terms covering the Open-Source Components and this EULA, the terms of such licenses will apply in lieu of the terms of this EULA. To the extent the terms of the licenses applicable to Open-Source Components prohibit any of the restrictions in this Agreement with respect to such Open-Source Component, such restrictions will not apply to such Open-Source Component. To the extent the terms of the licenses applicable to Open-Source Components require Company to make an offer to provide source code in connection with the Product, such offer is hereby made, and Licensee may exercise it by contacting support@enpass.io.

6. SUPPORT

The Company will provide the support for Software through-out the lifetime of Software for Pro User License through online mediums only; limited to Email, Forums, Social media and Messaging but has no obligation to support Software, or to continue provide updates for the Software after the Software has been discontinued. 

7. WARRANTY DISCLAIMER

THE SOFTWARE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. THOUGH THE COMPANY WILL PROVIDE SUPPORT AS MENTIONED IN THE CLAUSE 7, BUT DO NOT REPRESENT OR WARRANT THAT (i) ALL ERRORS OR DEFECTS WILL BE CORRECTED, (ii) THE USE OF OUR SOFTWARE WILL BE TIMELY, UNINTERRUPTED OR ERROR FREE, OR OPERATE IN COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE, SYSTEM OR DATA, OR (iii) SOFTWARE WILL MEET ALL REQUIREMENTS OF LICENSEE. USE OF THE SOFTWARE IS COMPLETELY AT LICENSEE'S SOLE RISK. COMPANY FURTHER DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH LICENSEE. SHOULD THE SOFTWARE PROVE DEFECTIVE, LICENSEE (AND NOT COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.

8. LIMITED LIABILITY

IN NO EVENT SHALL COMPANY OR ANYONE ELSE INVOLVED IN THE CREATION, PRODUCTION, MARKETING, DISTRIBUTION, OR DELIVERY OF THE SOFTWARE, BE LIABLE FOR ANY DAMAGES WHATSOEVER; INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, FOR BUSINESS INTERRUPTION, FOR LOSS OF BUSINESS INFORMATION, OR FOR OTHER MONETARY LOSS, ARISING OUT OF THE USE OF THE SOFTWARE OR THE INABILITY TO USE THE SOFTWARE, EVEN IF LICENSEE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES WHATSOEVER, WHETHER IN A CONTRACT ACTION, NEGLIGENCE OR OTHER TORT ACTION, OR OTHER CLAIM OR ACTION, ARISING OUT OF, OR IN CONNECTION WITH, THE USE OR PERFORMANCE OF THE SOFTWARE OR DOCUMENTS AND OTHER INFORMATION PROVIDED TO LICENSEE BY COMPANY, OR IN THE PROVISION OF, OR FAILURE TO PROVIDE, SERVICES OR INFORMATION.

9. FORCE MAJEURE

Under no circumstances will Company be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

10. PRIVACY POLICY

Company’s website's Privacy Policy, as it may change from time to time, is a part of this Agreement and hereby you confirm that you have read that and agree with the terms of that.

11. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between Company and Licensee and supersedes all prior understandings of Company and Licensee, including any prior representation, statement, condition, or warranty.

12. TERMINATION

This EULA is effective until:

  1. Automatically terminated if Licensee fails to comply with any of the terms and conditions set forth in this EULA; or
  2. Terminated by Company.

Upon termination, user must dispose of the Software and all copies or versions of the Software by destroying the Software.