KOH 2.00

EULA - End User License Agreement

License Agreement for KOH Full-Disk Enryption Software

Before you can use the Software, you must read and accept this End User License. If you do not accept this End User License, you may not install or use the software.

The term "Software" as used in this End User License includes (i) the KOH program, (ii) the KOH installer, (iii) the VPROTECT utility, and (iv) the Software's related documentation.

1. License Grant.

The Far Horizon Ltd. grants a personal, limited, non-exclusive, non-transferable license to install and use the Software to the person (an individual or corporate entity, NOT a government entity) to use the Software and to members of that person's immediate family household (i.e., spouse, children, parents, grandparents, and brothers or sisters who regularly live at the same residence) (together "you", "your" or "user") subject to your compliance with all of the terms and conditions of this End User License.

In connection with the foregoing license grant, you may:

(a) install and use a copy of the Software on one or more computers owned by you (at home or at work);

(b) use the Software only to secure data which you or your immediate family household as outlined above will keep for your own personal use.

(c) make two backup copies of the Software for personal use as permitted under this license grant.

Except as expressly stated above, you are not licensed or permitted to do any of the following:

(a) rent, loan, resell or distribute a copy of the Software to any other person;

(b) copy the printed materials or user documentation accompanying the Software other than as necessary to support the uses permitted above.

Any person who received either the Software through any of the forgoing prohibited methods is not authorized to use such Software.

2. Reservation of Rights and Ownership.

The Far Horizon Ltd. reserves all rights not expressly granted to you in this End User License. The Software is protected by copyright, trade secret and other intellectual property laws. The Far Horizon Ltd. owns the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold or given away. This End User License does not grant you any rights to the trademarks or service marks of The Far Horizon Ltd.. You shall not decompile, disassemble, or otherwise reverse engineer the Software. Source code for the software is available from The Far Horizon Ltd. for a modest fee.

3. Disclaimer Of Warranties.

EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SOFTWARE AND SERVICES ARE PROVIDED "AS-IS" AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, The Far Horizon Ltd., ITS AFFILIATES, LICENSORS, RETAILERS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY, "SUPPLIERS") DISCLAIM ALL GUARANTEES AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE OR SERVICES, CD AND RELATED MATERIALS, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, AND NON-INFRINGEMENT. The Far Horizon Ltd. DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, OR OTHER PROGRAM LIMITATIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IN THAT EVENT, YOUR LICENSE FOR THIS SOFTWARE IS NULL AND VOID.

All warranties or guarantees given or made by The Far Horizon Ltd. with respect to the Software

(1) are for the benefit of the registered user of the Software only and are not transferable, and

(2) shall be null and void if a registered user breaches any terms or conditions of this End User License.

5. Limitation of Liability and Damages.

YOU AGREE NOT TO HOLD The Far Horizon Ltd. LIABLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR FAILURE TO UPDATE THE SOFTWARE. YOUR EXCLUSIVE REMEDY AND THE ENTIRE LIABILITY OF The Far Horizon Ltd. AND ITS SUPPLIERS FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE OR SERVICES, AS APPLICABLE, TO The Far Horizon Ltd. OR ITS AUTHORIZED RESELLER.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, The Far Horizon Ltd. AND ITS SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF PROFITS OR INVESTMENT, USE OF THE SOFTWARE WITH HARDWARE OR OTHER SOFTWARE THAT DOES NOT MEET The Far Horizon's SYSTEMS REQUREMENTS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF The Far Horizon Ltd. OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT DOES The Far Horizon Ltd. ASSUME ANY LIABILITY TO ANY PARTY OTHER THAN YOU ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN The Far Horizon Ltd. AND YOU. The Far Horizon Ltd. WOULD NOT BE ABLE TO HAVE PROVIDED THIS SOFTWARE OR SERVICES WITHOUT SUCH LIMITATIONS.

6. Limitation on Time to Sue.

Unless otherwise required by law, an action or proceeding by you to enforce an obligation, duty, or right arising under this End User License or by law with respect to the Software or Services must be commenced within one year after the cause of action accrues.

7. Miscellaneous.

This End User License (and any additional terms and conditions with which The Far Horizon Ltd. supplements this agreement) is a complete statement of the agreement between you and The Far Horizon Ltd., and sets forth the entire liability of The Far Horizon Ltd. and its Suppliers and your exclusive remedy with respect to the Software and its use. The Suppliers, agents, employees, distributors, and dealers of The Far Horizon Ltd. are not authorized to make modifications to this End User License, or to make any additional representations, commitments, or warranties binding on The Far Horizon Ltd.. Any waiver of the terms herein by The Far Horizon Ltd. must be in a writing signed by an authorized officer of The Far Horizon Ltd. and expressly referencing the applicable provisions of this End User License. The Far Horizon Ltd. shall be not be liable for any default or delay in the performance of its obligations under this End User License to the extent its performance is delayed or prevented due to causes beyond its reasonable control, such as acts of God, natural disasters, terrorist acts, war or other hostilities, labor disputes, civil disturbances, the actions or omissions of third parties, electrical or communication system failures, or governmental action. If any provision of this End User License is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. This End User License will be governed by Seychelles law as applied to agreements entered into and to be performed entirely within Seychelles, without regard to its choice of law or conflicts of law principles. The parties hereby consent to the exclusive jurisdiction and venue in the in Seychelles. Headings are included for convenience only, and shall not be considered in interpreting this Agreement. This End User License does not limit any rights that The Far Horizon Ltd. may have under trade secret, copyright, patent or other laws.

8. Termination and Amendment.

Your rights under this End User License may be terminated by The Far Horizon Ltd. immediately and without notice if you fail to comply with any term or condition of this End User License. Upon such termination, you must immediately cease using the Software, and delete or destroy all complete and partial copies of the Software, including all backup copies. Any termination of this End User License shall not affect The Far Horizon Ltd.'s rights hereunder. The Far Horizon Ltd. shall have the right to change or add to the terms of its End User Licenses at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Software (including but not limited to internet based services, pricing, technical support options, and other product-related policies) upon notice by any means The Far Horizon Ltd. determines in its discretion to be reasonable, including sending you an email notification or posting information concerning any such change, addition, deletion, discontinuance or conditions in the Software or on any The Far Horizon Ltd.'s sponsored web site, including but not limited to the web site listed above.