End User License Agreement (EULA)
- Your agreement with Thycotic.1.1
This edocument represents your agreement with Thycotic (of 1101 17th Street N.W., Suite 1102, Washington DC, 20036) for the use of “Secret Server” (the product). The words ‘we’, “us” and ‘our’ refer to Thycotic’. The information you provide to us must be accurate and complete. The user acknowledges by installing this product that there is a license fee and this must be paid to have full access to all features of the product. This agreement limits our liability and your remedies and we do not warranty the product. Please read the relevant clause (5) carefully.
Licensee acknowledges and agrees that the Product is subject to the export control laws and regulations of the United States (“Export Controls”), including the Export Administration Regulations (“EAR”), and sanctions regimes of the U.S. Department of Treasury, Office of Foreign Asset Control, and agrees to the extent applicable, to comply with the Export Controls. Licensee further agrees that (i) Licensee is not an entity restricted or otherwise prohibited by the Export Controls; (ii) the Product will not be exported, re-exported or otherwise transferred to any country subject to a United States trade embargo, or to a national or resident thereof; and (iii) the Product will not be exported, re-exported, or transferred to an end-user engaged in activities related to the design, development, production, or use of nuclear materials, nuclear facilities, nuclear weapons, missiles or chemical or biological weapons.
- Use of the product.
The product is available immediately on installation. The use is available to the number of people you create and payment of the relevant fees to obtain licenses.
- Account responsibility
You are responsible for all activity under the product. You are responsible for maintaining confidentiality of any password and sensitive information for the product.
4.1 Prices, Variations and Exchange Rates. Our license fee excludes any taxes or other charges which may be applicable in your area, unless we have specifically stated otherwise. All such taxes and charges are your responsibility.
- Limited Liability
The product is provided “as-is,” “with all faults” and “as available.” There are no expressed guarantees nor warranties. Your consumer rights under your local laws will be applicable and may restrict any changes stipulated by the terms of this agreement. However to the extent the law permits, we exclude any implied warranties of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.Thycotic limit their liability to direct damages to a maximum amount equal to the product license fee paid. All other damages, including indirect, incidental, consequential, loss of profits or any and all damages.Thycotic’s limitations will appertain to any matters related to the content, the product, any viruses or problems that affect use of the product and any breach to the extent permitted by law.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your province or country may not allow the exclusion or limitation of incidental, consequential or other damages.
- Resolution of Disputes
This contract will be subject to the laws of the District of Columbia, USA, without reference to conflict of laws principles. You irrevocably consent to exclusive jurisdiction and venue of state or federal courts in Washington, DC, USA for all disputes relating to this agreement.
This is the entire agreement between Thycotic and you regarding use of the product. All parts are applicable to whatever degree permitted by law. Should a court determine a part is not enforceable, it shall be replaced with terms which closely achieve the intent of the unenforceable part.
- Notification and Consent to Use of Electronic Format
This agreement is in electronic form. There may be other information regarding the product that the law requires us to send you. We may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may cancel your product. We may provide required information to you via e-mail at the e-mail address you specified when you signed up for your product. Notices provided to you via e-mail will be deemed given and received on the transmission date of such e-mail. If you would like a copy of this information or this contract in paper form, you may request one from us. To do so, or to withdraw your consent, go to http://www.thycotic.com/ You must make a request for a paper copy within 120 days after we first provided it to you. If you do not, we may not provide you a paper copy. We may charge a reasonable fee for providing such paper copies.