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SecureDongle X

The SecureDongle X license

Software Developer's Agreement

All Products of SecureMetric Technology Sdn. Bhd. (SecureMetric) including, but not limited to, evaluation copies, diskettes, CD-ROMs, hardware and documentation, and all future orders, are subject to the terms of this Agreement. If developers do not agree with the terms herein, please return the evaluation package to us, postage and insurance prepaid, within seven days of their receipt, and we will reimburse developers the cost of the Product, less freight and reasonable handling charges.

1. Allowable Use - Developers may merge and link the Software with other programs for the sole purpose of protecting those programs in accordance with the usage described in the Developer's Guide. Developers may make archival copies of the Software.

2. Prohibited Use - The Software or hardware or any other part of the Product may not be copied, reengineered, disassembled, decompiled, revised, enhanced or otherwise modified, except as specifically allowed in item 1. Developers may not reverse engineer the Software or any part of the product or attempt to discover the Software's source code. Developers may not use the magnetic or optical media included with the Product for the purposes of transferring or storing data that was not either an original part of the Product, or a SecureMetric provided enhancement or upgrade to the Product.

3. Warranty - SecureMetric warrants that the hardware and Software storage media are substantially free from significant defects of workmanship or materials for a time period of twelve (12) months from the date of delivery of the Product to developers.

4. Breach of Warranty - In the event of breach of this warranty, SecureMetric's sole obligation is to replace or repair, at the discretion of SecureMetric, any Product free of charge. Any replaced Product becomes the property of SecureMetric. Warranty claims must be made in writing to SecureMetric during the warranty period and within fourteen (14) days after the observation of the defect. All warranty claims must be accompanied by evidence of the defect that is deemed satisfactory by SecureMetric. Any Products that developers return to SecureMetric, or a SecureMetric authorized distributor, must be sent with freight and insurance prepaid.
EXCEPT AS STATED ABOVE, THERE IS false OTHER WARRANTY OR REPRESENTATION OF THE PRODUCT, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

5. Limitation of SecureMetric's Liability - SecureMetric's entire liability to developers or any other party for any cause whatsoever, whether in contract or in tort, including negligence, shall not exceed the price developers paid for the unit of the Product that caused the damages or are the subject of, or indirectly related to the cause of action. In no event shall SecureMetric be liable for any damages caused by developers failure to meet developer's obligations, nor for any loss of data, profit or savings, or any other consequential and incidental damages, even if SecureMetric has been advised of the possibility of damages, or for any claim by developers based on any third-party claim.

6. Termination - This Agreement shall terminate if developers fail to comply with the terms herein. Items 2, 3, 4 and 5 shall survive any termination of this Agreement.


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