EULA - End User License Agreement
English is the official language of this EULA. If there is a conflict between original English EULA (available at http://www.blancco.com/en/eula/) and translated EULA, the online copy of the EULA shall prevail.
Blancco Erasure Client XXX sold for example under such product names as Blancco 5 and Blancco PC Edition (“Product”). The Product shall also refer to any updates thereto supplied by Blancco from time to time to any of its data erasure software.
PLEASE NOTE THAT YOUR USE OF THE PRODUCT WILL RESULT IN THE ERASURE OF ALL (OR SPESIFIED) DATA AND FILES IN YOUR HARD DRIVE, COMPUTER SYSTEM, STORAGE OR MOBILE DEVICE (DEPENDING WHICH PRODUCT VERSION IS BEING USED) AND THAT YOU SHALL HAVE SOLE AND EXCLUSIVE RESPONSIBILITY FOR BACKING-UP YOUR DATA IN YOUR HARD DRIVE, SYSTEM, STORAGE OR DEVICE. BLANCCO SHALL NOT BE RESPONSIBLE FOR ANY LOSS OF DATA.
Blancco Oy Ltd ("Blancco") and its licensors retain all right, title and interest including intellectual property rights in and to the Product and related documentation. Use of the Product and related documentation is governed by these Terms and Conditions and applicable copyright laws. The Product is licensed, not sold.
By using the Product you acknowledge your acceptance of the terms and conditions set out herein. Blancco may, from time to time, make changes to these Terms and Conditions and shall request your acceptance to those changes similarly as your acceptance was requested in respect of these Terms and Conditions. If you do not accept these Terms and Conditions, or any changes therein, you have no right to use the Product or continue to use the Product.
Blancco hereby grants to you a non-exclusive, non-transferable, limited license to install and use the Product in accordance with the license rights specified in respective ordering documentation, for the use of your internal operations and not for any other purpose.
The license types available are (i) volume license and (ii) subscription license.
"Volume license" means that the Product may be used by the licensee to erase data from such number of computer/mobile/storage devices/systems or bytes of data in hard drive as specified in the ordering documentation.
“Subscription license” means that the Product may be used by the licensee during the limited period of time, as specified in the ordering documentation, without restrictions on number of devices or bytes erased by the use of the Product. Subscription license may expire after the end of the agreed time period or being auto-renewed as specified in ordering documentation. Subscription license may be limited to a specific site of the licensee and, unless otherwise agreed, subscription license does not cover use by affiliated companies of the licensee.
Fair Usage Policy ("FUP") applies to subscription license to prevent fraud and abuse of subscriptions. FUP obligates the licensee to inform Blancco without delay if its volume of use under subscription license has significantly changed from the volume informed to Blancco at the date of the order, in which case Blancco may invoice the over usage according to its then current price list or terminate the license with 60 days notice.
The license to the Product is non-transferable and is granted personally to the legal entity specified in respective ordering documentation. You shall not, without prior written consent of Blancco, be entitled to sell, rent, license, sub-license, lend or otherwise assign or transfer the license to your affiliates or any other third parties for any reason including, without limitation, merger, acquisition, reorganization, sale of all or substantially all of the assets or operation of law. A change of control or a sale of substantially all the assets shall be deemed as a transfer of the Product. The transfer restrictions specified herein shall also apply in case of bankruptcy or other insolvency of licensee. Unless otherwise provided by mandatory law, you may not modify, translate, reverse engineer, decompile or disassemble the Product. You may make additional copy of the Product solely for backup purposes.
You agree that Blancco may audit your use of the Product for compliance with these Terms and Conditions at any time, upon reasonable notice. In the event that such audit reveals any use of the Product by you other than in full compliance with these Terms and Conditions, you shall reimburse Blancco for all reasonable expenses related to such audit in addition to any other liabilities you may incur as a result of such non-compliance. The audit rights specified herein shall also extend to your affiliates, if applicable.
Blancco warrants for a period of ninety (90) days from the date of delivery that each unmodified copy of Product will perform in all material respects in accordance with the accompanied documentation. Any updates provided by Blancco shall be covered by this limited warranty for the remainder of the warranty period or for thirty (30) days from the date of delivery, whichever is longer. For any breach of the warranty, your exclusive remedy, and Blancco’s entire liability, shall be the correction of the Product errors that cause breach of the warranty. THE WARRANTY ABOVE IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
The Product may contain freely available and distributable and/or open source software and other copyrighted material by third parties (“Third Party Software”). The Third Party Software shall be governed by their respective license terms and conditions instead of the above license terms otherwise applicable to the Product. THIRD PARTY SOFTWARE IS PROVIDED WITHOUT ANY WARRANTY WHATSOEVER UNLESS OTHERWISE SPECIFIED IN THE RESPECTIVE THIRD PARTY SOFTWARE LICENSE TERMS AND CONDITIONS. BLANCCO EXPRESSLY DISCLAIMS ANY WARRANTY OR LIABILITY IN RESPECT OF THE PRODUCT WHICH ARE CAUSED BY OR RELATE TO THIRD PARTY SOFTWARE.
Blancco warrants that any part of the Product except Third Party Software shall not, when used by you in accordance with these Terms and Conditions, infringe any intellectual property rights of a third party in the country of delivery. Blancco will defend or settle any claim made against you by a third party alleging that Product, except Third Party Software, infringes a right of a third party, and will pay the costs and damages finally awarded against you by a competent court or in an out-of-court settlement; provided that (i) you will notify Blancco within thirty (30) days upon receipt of any third party claim and that (ii) Blancco will be granted the exclusive right to arrange any defense or settlement.
IN NO EVENT SHALL BLANCCO OR ITS AUTHORIZED DISTRIBUTORS HAVE ANY LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, REVENUE OR DATA, BUSINESS INTERRUPTION, LOSS RESULTING FROM SUBSTITUTE PURCHASE OF GOODS, OR OTHER SIMILAR LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT, EVEN IF BLANCCO OR ITS AUTHORIZED DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BLANCCO AND ITS AUTHORIZED DISTRIBUTORS (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHER THEORY) ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT EXCEED THAT PART OF THE LICENSE FEES PAID BY YOU WHICH MAY BE ALLOCATED TO THAT PART OF THE PRODUCT WHICH GAVE CAUSE TO THE CLAIM.
Without prejudice to any other rights Blancco may have, Blancco may terminate your license to use the Product with immediate effect if you fail to comply with the provisions set out herein, in which case you shall immediately destroy all copies of the Product.
These Terms and Conditions specify the entire agreement between you and Blancco relating to the subject matter hereof and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Product or any other subject matter covered herein.
Certain copyright notices relating to Third Party Software are set out in Blancco’s licensing web site from time to time.
Some of the above software is licensed under the GNU GPL and/or LGPL license terms. Download links to the source code as well as to other freely distributable Third Party Software may be found at http://www.blancco.com/downloads/source/.
For further licensing issues, please contact us by e-mail at firstname.lastname@example.org.
The Product and documentation are copyright © 2013 Blancco Oy Ltd. All rights reserved.