These are the legal terms and conditions that govern your use of the Evidence Wipe software. By accessing, installing, or using our software, you agree to be bound by this agreement. It outlines your rights, responsibilities, and limitations while using the product. Please read this agreement carefully to understand how the software may be used and what is expected from both you and the provider.
Last updated: January 1, 2025
IMPORTANT - READ CAREFULLY: This End User License Agreement ("EULA", "Agreement", or "License") is a legal agreement between you (either an individual or a single entity) and NE1 Media LTD ("Licensor", "we", "us", or "our") for the Evidence Wipe software product, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT" or "SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
Subject to your compliance with the terms and conditions of this Agreement and payment of all applicable license fees, the Licensor grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the SOFTWARE PRODUCT on devices that you own or control, solely for your personal or internal business purposes, in accordance with the documentation provided by the Licensor.
If you are using the free version of the SOFTWARE PRODUCT, you may use it for an unlimited period, subject to the limitations and restrictions set forth in this Agreement and in the SOFTWARE PRODUCT documentation.
A Single User License permits one (1) identified individual to install and use the SOFTWARE PRODUCT on up to three (3) devices that the individual owns or controls, provided that the SOFTWARE PRODUCT is in use on only one (1) device at any given time.
A Household License permits up to five (5) members of a single household to install and use the SOFTWARE PRODUCT on their individual devices, with a maximum of fifteen (5) total devices, provided that the SOFTWARE PRODUCT is used solely by the licensed household members.
A Business License permits the specified number of users within a single business entity to install and use the SOFTWARE PRODUCT on their assigned work devices, in accordance with the specific terms of the business license purchased.
If the SOFTWARE PRODUCT is labeled as an "Evaluation" or "Trial" version, you may install and use the SOFTWARE PRODUCT for evaluation purposes only, for the specified evaluation period. You must purchase a license to continue using the SOFTWARE PRODUCT after the evaluation period.
The duration of your license depends on the license type purchased:
If the SOFTWARE PRODUCT is labeled as an update or upgrade, you must be properly licensed to use a product identified by the Licensor as being eligible for the update or upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an update or upgrade replaces and/or supplements the product that formed the basis for your eligibility for the update or upgrade. You may use the resulting updated product only in accordance with the terms of this EULA.
The SOFTWARE PRODUCT is licensed, not sold. The Licensor reserves all rights not expressly granted to you in this EULA. The SOFTWARE PRODUCT is protected by copyright and other intellectual property laws and treaties. The Licensor or its suppliers own all title, copyright, and other intellectual property rights in the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is licensed, not sold.
The SOFTWARE PRODUCT may include components developed by third parties. These components may be subject to their own license terms, which are incorporated by reference into this EULA.
You shall not:
The SOFTWARE PRODUCT may include license validation mechanisms that are designed to detect and prevent unlicensed use. You agree that the Licensor may use these measures to ensure you are using a legitimately licensed copy of the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT may connect to Licensor servers for license validation, update checks, and other internet-based services. You acknowledge and agree that the Licensor may collect and transmit data related to the validation of your license and the use of internet-based services.
The SOFTWARE PRODUCT may periodically validate your license, with or without notice to you. During validation, the SOFTWARE PRODUCT may send information about the SOFTWARE PRODUCT and your device to the Licensor. This information includes the license key, device identification, and information derived from the hardware configuration of your device. The Licensor does not use this information to identify or contact you. BY USING THE SOFTWARE PRODUCT, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION.
If the SOFTWARE PRODUCT determines that you are using a valid license, you will be able to continue using the SOFTWARE PRODUCT normally. If the SOFTWARE PRODUCT determines that:
Then some or all features of the SOFTWARE PRODUCT may be disabled automatically without prior notice. The SOFTWARE PRODUCT may also provide notifications about the status of your license validation.
YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE PRODUCT MAY AUTOMATICALLY DISABLE, SUSPEND, OR LIMIT FUNCTIONALITY in whole or in part if:
Automatic disablement may occur without prior notice and may persist until your license compliance issues are resolved to the Licensor's satisfaction.
In addition to the automatic disablement described above, if the Licensor determines that you are using the SOFTWARE PRODUCT in violation of this Agreement, the Licensor may, at its sole discretion:
If the SOFTWARE PRODUCT has been automatically disabled due to license compliance issues, you may contact the Licensor's customer support for assistance in resolving the issues and potentially re-enabling the SOFTWARE PRODUCT. The Licensor may, at its sole discretion, require you to purchase a new license or pay additional fees to resolve compliance issues.
You agree to pay all applicable license fees for the SOFTWARE PRODUCT as specified at the time of purchase. All license fees are non-refundable except as expressly provided in the Licensor's Refund Policy or as required by applicable law.
If you have purchased a subscription license, your subscription will automatically renew at the then-current price for the same subscription term, unless you cancel your subscription before the renewal date. You authorize the Licensor to charge your payment method for the renewal subscription fee.
License fees do not include taxes. You are responsible for paying all applicable taxes related to your purchase and use of the SOFTWARE PRODUCT, except for taxes based on the Licensor's net income.
The Licensor's collection, use, and disclosure of your personal information in connection with your use of the SOFTWARE PRODUCT is governed by the Licensor's Privacy Policy, which is incorporated by reference into this EULA. You consent to the Licensor's collection, use, and disclosure of your personal information as described in the Privacy Policy.
Technical support may be provided by the Licensor or its authorized representatives according to the Licensor's then-current support policies. The Licensor may use any technical information you provide for product support, development, and improvement purposes.
The Licensor warrants that the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying documentation for a period of ninety (90) days from the date of purchase. This limited warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, misapplication, abnormal use, or a virus or worm.
The Licensor's and its suppliers' entire liability and your exclusive remedy for any breach of the limited warranty shall be, at the Licensor's option, either (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet the limited warranty. This limited warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, misapplication, abnormal use, or a virus.
EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH ABOVE, THE SOFTWARE PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE PRODUCT WILL BE CORRECTED. FURTHERMORE, THE LICENSOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE PRODUCT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE LICENSOR OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
The SOFTWARE PRODUCT is not fault-tolerant and is not designed, manufactured, or intended for use in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the SOFTWARE PRODUCT could lead directly to death, personal injury, or severe physical or environmental damage. The Licensor specifically disclaims any express or implied warranty of fitness for such high-risk activities.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF DATA, LOSS OF PRIVACY, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE LICENSOR'S AND ITS SUPPLIERS' ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR USD $5.00, WHICHEVER IS GREATER. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless the Licensor, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third-party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from or related to (a) your breach of this Agreement, (b) your violation of any law or the rights of any third party, (c) your use of the SOFTWARE PRODUCT, or (d) your gross negligence or willful misconduct.
You may terminate this Agreement at any time by uninstalling the SOFTWARE PRODUCT from all devices and destroying all copies of the SOFTWARE PRODUCT in your possession or control. Termination of this Agreement will not entitle you to a refund of any license fees paid.
Without prejudice to any other rights, the Licensor may terminate this Agreement immediately and without notice if you fail to comply with any term or condition of this Agreement. In such event, you must immediately cease all use of the SOFTWARE PRODUCT and destroy all copies of the SOFTWARE PRODUCT in your possession or control.
This Agreement will terminate automatically:
Upon termination of this Agreement:
The SOFTWARE PRODUCT contains technology to ensure license compliance and protect against unauthorized use. This technology may cause the SOFTWARE PRODUCT to connect to the Licensor's servers to validate your license and may automatically disable functionality if license violations are detected.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SOFTWARE PRODUCT INCLUDES FUNCTIONALITY THAT MAY AUTOMATICALLY DISABLE, LIMIT, SUSPEND, OR TERMINATE THE SOFTWARE PRODUCT'S OPERATION, in whole or in part, WITHOUT FURTHER NOTICE TO YOU, if the Licensor determines, in its sole discretion, that:
The automatic disablement mechanisms may include, but are not limited to:
YOU HEREBY EXPRESSLY WAIVE ANY AND ALL CLAIMS ARISING FROM OR RELATING TO THE AUTOMATIC DISABLEMENT OF THE SOFTWARE PRODUCT, including without limitation any claims for damages, data loss, business interruption, or inability to use the SOFTWARE PRODUCT, provided that such disablement occurs in accordance with the terms of this Agreement.
If the SOFTWARE PRODUCT has been automatically disabled due to license violations, you may contact the Licensor's customer support to inquire about remediation options. The Licensor may, in its sole discretion, require you to:
The Licensor reserves the right to decline reinstating access to the SOFTWARE PRODUCT for any reason, particularly in cases of willful or repeated violations.
You acknowledge that the SOFTWARE PRODUCT may be subject to U.S. export jurisdiction and other applicable international export laws. You agree to comply with all applicable international and national laws that apply to the SOFTWARE PRODUCT, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments. You represent and warrant that you are not located in or a resident of any country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country, and that you are not listed on any U.S. government list of prohibited or restricted parties.
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law. You agree that any legal action arising out of or relating to this Agreement shall be filed exclusively in the state or federal courts located in Delaware, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
EACH PARTY HEREBY WAIVES ANY RIGHT TO JURY TRIAL IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THIS AGREEMENT.
Any dispute, controversy, or claim arising out of or relating to this Agreement shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in English, and the arbitral award shall be final and binding upon the parties.
YOU AND THE LICENSOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck from this Agreement and the remaining provisions shall remain in full force and effect.
No failure to exercise, nor any delay in exercising, on the part of either party, any right or remedy under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy.
This Agreement, together with any additional terms referenced herein, constitutes the entire agreement between you and the Licensor regarding the SOFTWARE PRODUCT and supersedes all prior or contemporaneous understandings and agreements, whether written or oral.
The Licensor reserves the right to amend this Agreement at any time by posting the amended EULA on its website or by providing notice to you through the SOFTWARE PRODUCT. Your continued use of the SOFTWARE PRODUCT after such posting or notice shall constitute your acceptance of the amended EULA.
You may not assign or transfer this Agreement or any rights or obligations hereunder, by operation of law or otherwise, without the Licensor's prior written consent. Any attempt by you to assign or transfer this Agreement without such consent shall be null and void. The Licensor may assign or transfer this Agreement, in whole or in part, without restriction.
The Licensor shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, pandemics, or shortages of transportation facilities, fuel, energy, labor, or materials.
Any notices required or permitted to be given under this Agreement shall be in writing and shall be delivered by personal delivery, electronic mail, facsimile transmission, or by certified or registered mail, return receipt requested, to the address specified below or to such other address as either party may specify in writing:
TechSecure Solutions, LLC
123 Security Lane
Tech City, TC 12345
Email: legal@evidencewipe.com
Notices shall be effective upon receipt or, in the case of email or facsimile, upon electronic confirmation of receipt.
The section and paragraph headings in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.
This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.
The SOFTWARE PRODUCT and related documentation are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
If you have any questions regarding this EULA, please contact the Licensor at legal@evidencewipe.com.