A copy of the following Enterprise License Agreement is also supplied with the Enterprise Software. The key points are:
This summary section is intended for information purposes only and does not restrict or form part of the agreement itself.
*Note that the Enterprise Software does not require an electronic license key, thus making it distinct from public consumer versions.
This Enterprise License Agreement (the "Agreement") is entered into by and between Big Angry Dog Ltd (the "Licensor"), and the Licensee of the Enterprise Edition of the Hardwipe data sanitization software (the "Software"). For purposes of clarification, the Enterprise Edition of the Software is functionally distinct from "consumer versions" publicly available, and the use of the Enterprise Edition is expressly restricted to licensed users. FEE AND PAYMENT The Licensee agrees to pay the fee and abide by the payment terms set out in the Software order form executed by the Licensee. DELIVERY OF THE SOFTWARE Upon execution of the order form by the Licensee, Big Angry Dog Ltd shall deliver the Software electronically by means of a download link, which the Licensee agrees not to disclose to any third-party. TERM OF THE AGREEMENT The term of the Agreement is twelve (12) months from electronic delivery of the Software to the Licensee. At expiry of the Agreement, the Licensee may elect to continue licensing the Software by paying the required renewal fee and entering into a renewed version of the Agreement. USE OF THE SOFTWARE Subject to Licensee's payment of the applicable fee and compliance with the terms of the Agreement, Big Angry Dog Ltd grants the Licensee a non-transferable, non-assignable, worldwide license to install the Software for use on the maximum number of devices prescribed in the order form executed. If the order specifically prescribed "unlimited devices", there is to be no numerical device (or user) limit provided such devices are owned by and are in the operational control of the licensee. The Licensee may make copies of the software for backup and operational purposes. RESTRICTIONS AND RESPONSIBILITIES The Licensee shall make all reasonable effects to ensure that the Software is not, at any one time, deployed to more than the maximum number of devices specified in the order form executed by the Licensee. In the event that number of devices exceeds the maximum permitted by the order, the Licensee shall promptly notify Big Angry Dog Ltd and pay the appropriate fee required to license the additional number of devices. The Licensee is expressly prohibited from disclosing, distributing, or otherwise providing the Software to any third party outside the Licensee's direct operational control. In the event that the Licensee believes that the Software has been disclosed to parties outside its control, the Licensee shall promptly notify Big Angry Dog Ltd so that mitigating technical measures may be implemented. The Licensee shall comply and assist with all reasonable requests by Big Angry Dog Ltd concerning its use of the Software. The Licensee may not reverse engineer, de-compile, or disassemble the Software, except to the extent that the foregoing restriction is expressly prohibited by applicable law. Furthermore, the Licensee agrees that it is responsible for ensuring that its use of the Software complies with all relevant laws under which it operates. SUPPORT SERVICE Big Angry Dog Ltd shall provide the following support: (i) advice on downloading, installation and configuration of the Software; (ii) a user guide and online FAQs; (iii) at the sole discretion of Big Angry Dog Ltd, updates and fixes to the Software as they become available for use by the licensee within the licensing period. NOTIFICATION AND CONTACT Big Angry Dog Ltd may be contacted using the email address: firstname.lastname@example.org. Additionally, a postal address shall be provided on the "about page" of the Software's website. The Licensee shall specify a contact email and postal address in the order form to be used for notifications and legal correspondence. OWNERSHIP RIGHTS The Software is protected by copyright laws and international treaty provisions. Big Angry Dog Ltd owns and retains all right, title and interest in and to the Software, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. The possession, installation, or use of the Software does not transfer any title to the intellectual property in the Software, and the Licensee will not acquire any rights to the Software except as expressly set forth in the Agreement. LGPL COMPONENTS The Software uses the Qt Framework which is licensed under the Lesser General Public License (LGPL). The Agreement shall not affect any rights granted to you under the Lesser General Public License in connection with the Qt Framework. Furthermore, specific third-party copyright and licensing information is provided in the "release notes" to be found in the installation directory of the Software. WARRANTY Big Angry Dog Ltd warrants for a single period of thirty (30) days commencing upon the electronic delivery of the Software to the Licensee that the Software, as delivered, will in all material respects perform the functions described in the Software's online documentation. In the event that the Software does not, in all material respects, perform the functions described, Big Angry Dog Ltd will undertake to correct any error reported in accordance with the Support Services Terms and Conditions set forth below, which shall be the entire liability of Big Angry Dog Ltd and the Licensee's exclusive remedy for breach of this warranty. The Licensee agrees that Big Angry Dog Ltd cannot know or control how the Software will be used by the Licensee, or which combinations the Licensee will select for its use. Therefore, Big Angry Dog Ltd does not warrant that the Software will meet Licensee's requirements, that the operation of the Software will be uninterrupted or error-free, or that all errors will be corrected. EXCEPT AS PROVIDED IN THIS SECTION, ALL SOFTWARE PROVIDED HEREUNDER IS PROVIDED "AS IS". LIMIT OF LIABILITY In no event shall Big Angry Dog Ltd be liable for damages, costs, expenses, claims, restitution or losses that exceed, in total, the fee amount paid by the Licensee for the Software in the first twelve (12) months after the effective date. HIGH RISK ACTIVITIES The Software is not fault tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation or design of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, life-support machines, or any other application in which the failure of the Software could lead directly to death, personal injury, or severe physical or property damage (collectively, "High Risk Activities"). Big Angry Dog Ltd expressly disclaims any express or implied warranty of fitness for High Risk Activities. DISCLAIMER THE SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BIG ANGRY DOG LTD EXCLUDES ALL LIABILITY FOR BREACH OF WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES TO SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, BIG ANGRY DOG LTD MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. UNDER NO CIRCUMSTANCES, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL BIG ANGRY DOG LTD BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, DAMAGES OF ANY CHARACTER AND BIG ANGRY DOG LTD IN PARTICULAR SHALL NOT BE LIABLE FOR LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES THAT ARE SIMILAR. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. PATENT AND IDEMNITY Big Angry Dog Ltd is not aware of any third party having or claiming to have prior patent rights that may affect usage of the Software but gives no warranty or representation of any kind as to non-infringement of third party rights in this respect. TERMINATION AND DEFAULT Within thirty (30) days of termination or expiration of the Agreement, the Licensee agrees to certify in writing to Big Angry Dog Ltd that it has ceased all use of the Software and that all copies of the Software have been destroyed. Either party may terminate the Agreement at any point by written or electronic notification. This Agreement will terminate automatically if: (i) the Licensee fails to comply with any of the limitations or other requirements described herein; (ii) the Licensee fails to pay the fee due pursuant to the Agreement; (iii) either party fails to perform any other material obligation under this Agreement and such failure remains unresolved for more than thirty (30) days after receipt of written notice thereof. GENERAL PROVISIONS This Agreement sets forth all your rights with respect to the Software and is the entire Agreement between the parties. This Agreement supersedes any other communications with respect to the Software. This Agreement may not be modified except by a written addendum issued by Big Angry Dog Ltd. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by Big Angry Dog Ltd. If any provision of the Agreement is held invalid, the remainder of the Agreement shall continue in full force and effect. In the event of a dispute over the interpretation of the Agreement, the court should rule in accordance with what it deems Big Angry Dog Ltd reasonably intended by the Agreement. Paragraph headings herein are for convenience only and shall not limit, in any way, the scope or interpretation of any provision in the Agreement. The Agreement is governed by the laws of England. You agree that the Agreement is valid when written in the English language only.