Kryptiva Online Software Services Terms and Conditions of Use

Version - 2008/05/29

Note pour les usagers du Québec: En utilisant ce service, vous, l'usager, déclarez avoir spécifiquement requis que les documents afférents à Kryptiva Inc. soient rédigés en anglais.

Acceptance

By downloading or using any Kryptiva software, or by using Kryptiva's Software Services (hereinafter the "Service"), you irrevocably become a user (sometimes referred to as "User", "user" or "you") and agree to be bound by the terms and conditions of the policies, documents and contracts as issued from time to time by Kryptiva Inc. (hereinafter "Kryptiva", "we" or "us"); including the following terms and conditions (hereinafter the "Agreement").

The Service is operated by Kryptiva Inc. No use, modification, alteration or improvement of Kryptiva's Service is allowed without prior written permission from the officers of Kryptiva Inc. Kryptiva Inc. may, from time to time and without incurring any obligation, alter, modify, change or remove its Service and the related agreements and documents (the "Updates") from circulation or availability. It is your sole responsibility to check the Kryptiva website for Updates.

Any license granted by Kryptiva Inc. shall be in writing and there are no implied or other rights into improvements, upgrades or otherwise to you or any third party. Usage of Kryptiva's Service is subject to the corresponding service terms and conditions of use effective at the time the Service is used.

Kryptiva Inc. makes no express or implied representations of performance, including none pertaining to any ongoing or continuous support of any Kryptiva Service version. Kryptiva Inc. may, at any time and without any notice and without incurring any obligation whatsoever, terminate, cease or reduce any or all support for all or part of the Service.

Users are warned that although every effort has been made to ensure the highest degree of availability and performance, the state of the art does not allow for the development of error-free software nor the delivery of guaranteed data transmission services and that, therefore, use of any software or network-hosted service entails risks and uncertainties inherent to software and network communications; including without limitation the risk of catastrophic system failure.

Permitted Uses

Subject to the terms herein, Kryptiva hereby grants User a limited, NON-EXCLUSIVE, revocable and non-transferable permission to access the current Kryptiva Service (hereinafter the "Permission") in the territory of North America (defined and limited to use in the Sates and Provinces constituted and existing under the Laws of Canada or of the United States of America).

This Permission is granted at the user's sole risk and expense and without any warranties (express or implied, including warranties of merchantability or fitness for a particular purpose), and under the condition that access to the Service be carried out using software made available to the user by Kryptiva under a separate license.

If the Kryptiva Service is used as part of a subscription package offered by Kryptiva Inc. or its affiliated or related entities, then the corresponding Permission grant is subject to payment, in full, of the subscription. If you fail to make payment in full for the subscription, Kryptiva Inc. reserves all rights and recourses, notwithstanding your illegal use of its services.

Restrictions

No rights are granted by Kryptiva Inc. to "break", reverse engineer, conduct protocol analysis or otherwise hack the Kryptiva Service; unless permitted by local law.

No use of Kryptiva's Service is permitted, with any third party software or service, under this Agreement. Any third party desirous of using Kryptiva's Service must obtain prior written permission from the officers of Kryptiva Inc.

All users declare and undertake that they will use Kryptiva software and services for legal purposes and shall not abuse the software or services of Kryptiva. Users also irrevocably undertake not to use Kryptiva software or services to distribute spam, viruses, questionable, illegal, immoral or objectionable content.

Users are advised not to and undertake not to use Kryptiva's Service in applications where its failure may lead to serious injury (including death) or property damage (including environmental damage).

No rights are granted under this Agreement for any type of benchmarking, study or otherwise (whether for publication of benchmarks or not). Therefore users cannot, directly or indirectly, test the performance of Kryptiva's Service and, or, publish results.

Code of Conduct

Kryptiva's services are provided to allow interactions between individuals. Given that different individuals have different standards to judge what is acceptable conduct and what is not, Kryptiva does not wish to define any specific code of conduct other than by providing guidelines from time to time. Nevertheless, you hereby acknowledge that Kryptiva reserves the right, in its entire discretion, without prior notification and without incurring any obligation whatsoever, to terminate your ability to use this Service should it receive any complaint from any party regarding your usage of this Service.

Kryptiva's current Code of Conduct Guidelines are available at: http://www.kryptiva.com/legal/code_of_conduct_guidelines.html.

Collected Information

You hereby agree and acknowledge that Kryptiva is entitled to collect and use any information made available to it in the course of handling your service requests for any purpose it may deem necessary. Kryptiva warrants that such information shall not be used, or be permitted to be used, to identify publicly, or privately to third parties, unless otherwise required by law, the users of its services or contribute to the identification of the content being processed by Kryptiva software or services.

Please note that, to the exception of non-member recipients replying to member senders using a sender-provided one-time-use secure reply token to package a response to the sender using Kryptiva's online servers, at no time do User messages transit on Kryptiva's online servers.

Intellectual Property Rights

Kryptiva Inc. retains all rights and titles to the Service and its derivatives. Nothing in any Kryptiva license, policy, document or contract shall be construed as granting you or any third party any right whatsoever into Kryptiva patents, trademarks, copyrights or other forms of intellectual property.

Users recognize and agree that they have no right to Kryptiva's source code.

Kryptiva reserves and retains all rights in its Service.

Warranty

THIS KRYPTIVA SERVICE AND ITS RELATED SOFTWARE AND FUNCTIONALITIES, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

The User hereby acknowledges that the Service is provided on a best-effort basis and declares understanding that its usage may cause damage to his data, systems and software, cause spontaneous combustion of the brain, land a horse's head in his bed, and make pigs fly, and, therefore, accepts all risks, whether foreseeable or not -- know or unknown, in their entirety.

Limitation of Liability

IN NO EVENT, IN REGARD TO THIS SERVICE OR ANY RELATED FUNCTIONALITY, WILL KRYPTIVA BE LIABLE TO ANY PARTY OF ANY DAMAGES OR INJURY CAUSED BY (INCLUDING BUT NOT LIMITED TO) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN THE EVENT THE LAWS OF YOUR JURISDICTION DO NOT ALLOW SUCH A LIMITATION, YOU HEREBY AGREE THAT THE ENTIRE LIABILITY OF KRYPTIVA (AND ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES) IS LIMITED TO THE GREATER OF CAD 5 OR THE PRICE YOU PAID TO LAWFULLY ACCESS KRYPTIVA'S SERVICE FOR THE PAST THREE MONTHS PERIOD.

Termination

Any violation, real or threatened, by a user, of the terms and conditions of this Agreement, including without any limitation failure to comply with any of the user's undertakings, shall cause user to lose all rights under the Agreement and shall bring about an immediate termination of the Permission.

Upon termination User shall immediately cease using the Kryptiva Service at their sole cost and expense. User's obligations and undertakings, including those not to reverse engineer or hack the Kryptiva Service, shall remain in full force and effect for a period of thirty (30) years after termination.

Any suit, claim, demand or filing of any action by a user, or anyone action on their behalf or for their benefit, shall cause user to lose all rights under this Agreement and shall bring about an immediate termination of the Permission.

Force Majeure

Kryptiva Inc., its related and affiliated entities and their respective directors, officers, employees and agents shall not have any liability whatsoever for events that are unforeseeable or outside their control; including without limitation for any acts of God (such as floods, earthquakes or fires), War, insurrection, terrorist acts, Internet problems, any type of hardware, software or network slowdown, crashes or bugs.

Export Controls

Users are advised and agree that they must come to fully understand, respect and comprehend the cryptographic functionality provided by the Service and must agree and undertake to comply with any laws of their forum pertaining to said cryptographic functionality.

You hereby acknowledge that:
- parts of this Service may be subject to export, import or other controls;
- the Service is provided by servers owned by Kryptiva Inc. and operated from a Canadian location; and
- this Service, as a whole, does not provide any form of user-customizable functionality nor does it provide any form of open cryptographic interface.

You hereby warrant that:
- you are allowed to access this Service from your location or in your forum or territory;
- your usage of this Service conforms to your country's applicable laws and regulations; and
- you undertake to defend and indemnify Kryptiva (including assuming Kryptiva attorneys fees) if you violate any laws or regulations pertaining to cryptographic software or functionality.

Governing Law

This Agreement and all transactions related to it, shall be governed by the laws of the Province of Québec (excluding its conflict of laws provisions). Any conflict or disagreement pertaining to or arising from this Agreement, or from any Kryptiva document or action or inaction, shall be subject to the jurisdiction of the appropriate courts located in the district for the City of Sherbrooke, in the Province of Québec in Canada. In the event that any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

Entire Agreement

This is the entire agreement between you and Kryptiva with regards to the subject matter herein and no third party user may modify this Agreement other than by a written instrument entered into by duly authorized officers of Kryptiva Inc. Nothing herein can be construed as limiting Kryptiva's rights to modify, change, reject or alter any term or condition of this Agreement without prior notice and without incurring any obligation whatsoever.