Copyright ©2018 Cybervore, Inc., All rights reserved.
Cybervore, CybervoreQuery, CybervoreQuest, CybervoreQuarry are trademarks of Cybervore, Inc. All other brand and product names are trademarks of their respective holders.
LICENSE AGREEMENT. This is a legal agreement (“Agreement”) between you (“Licensee” either an individual and/or an entity) and Cybervore, Inc. (hereinafter "Cybervore" or “CYBERVORE”). BY INSTALLING THIS SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. These terms and conditions presently read and as they may be modified with or without notice from time to time in the future. With the sole exception of an existing mutually signed agreement between Cybervore and Licensee, this Agreement shall fully supersede and override any other terms relating to this software, including without limitation, terms provided to Cybervore in a purchase order or terms relating to a reseller transaction. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, CYBERVORE IS UNWILLING TO LICENSE THIS SOFTWARE TO YOU, AND YOU MAY PROMPTLY RETURN THE SOFTWARE AND ACCOMPANYING ITEMS TO CYBERVORE FOR A FULL REFUND.
LICENSE SCOPE. CYBERVORE licenses the relevant portion of the “Cybervore” software product line in object form (hereinafter "the software") as follows, depending on the specific purchase by Licensee:
CybervoreQuery with Mythicsoft FileLocator Pro (Windows): single-licensee license. An individual may use CybervoreQuery with Mythicsoft FileLocator Pro software on a single computer. A licensee may transfer the software from one computer to another in the normal course of hardware upgrades. All other installations require additional licenses. In virtualized environments, each virtual incarnation requires a separate license. This license is issued in return for single payment which includes; permanent right to use software; one (1) year of “updates”; one (1) year of “support”.
CybervoreQuery with Mythicsoft FileLocator Pro (Windows): subscription license. An individual may use CybervoreQuery with Mythicsoft FileLocator Pro software on a single computer. A licensee may transfer the software from one computer to another in the normal course of hardware upgrades. All other installations for require additional licenses. In virtualized environments, each virtual incarnation requires a separate license. This license is issued in return for reoccurring (subscription) payment which includes; right to use software for subscription period; all “updates” issued during subscription period; “support” during subscription period. The subscription period is chosen from options given the Licensee during the purchase of the software. The options may for payment include, monthly, every 6 months, yearly and so on. While the licensee remits the subscription payments the license will be renewed with the accompanying “updates” and “support”
CybervoreQuery with Mythicsoft FileLocator Pro (Windows): EVALUATION. In the absence of one of the above purchased licenses for the software, the software shall be considered an evaluation version. Evaluation use of this software is contingent upon Licensee's acceptance of the terms of this Agreement, and if Licensee is unwilling to accept these terms then Licensee may not install or use any evaluation versions.
Assuming Licensee agrees to the terms of this Agreement, Licensee may use the evaluation version for up to 30 days for evaluation and testing. Evaluation versions may not be used other than for internal testing and development purposes. Evaluation versions may not be used in a product advertised, sold, or otherwise provided to end-licensees. Evaluation versions may not be transferred without the written permission of Cybervore.
License sections below on "Upgrades" and "Technical Support" do not apply to products provided for evaluation.
TECHNICAL SUPPORT. The following covers technical support (support@cybervore.com) for the software by license type.
Technical support for single-licensee license: CYBERVORE agrees to provide technical support to a single point of contact in the Licensee organization for one year from the Date of Agreement. Licensee agrees to provide technical support to all other Licensee end-licensees.
Technical support for subscription license: CYBERVORE agrees to provide technical support to a single point of contact in the Licensee organization for duration of subscription period.
UPGRADES. Subject to third-party supplier restrictions and charges, CYBERVORE agrees to make available to Licensee, upon request, any maintenance releases, new and enhanced versions or upgrades of the software that CYBERVORE releases for supported platforms, as applicable to your license:
For single-licensee license; for a period of one year from the Date of Agreement. CYBERVORE may also, at its sole discretion, extend the free technical support and upgrade period beyond the above-mentioned one year date
For subscription license; for the duration of the subscription period.
CYBERVORE may sunset support for obsolete platforms that are no longer supported by current versions of developer tools. Determinations when a platform is obsolete shall be made in CYBERVORE’s sole discretion. Such determinations shall not be deemed a failure to provide upgrade and technical support services. "Platform" may include processor families as well as operating system versions if, for example, x86 processors cease to be supported by current developer tools and are replaced in the marketplace by x64 processors.
BETA TEST VERSIONS. This section applies to beta test versions of Cybervore products ("Beta Products").
CYBERVORE makes Beta Products available on a discretionary basis. No right to obtain Beta Products is generally granted in CYBERVORE's license agreements, and no such right exists except where an agreement expressly and explicitly provides otherwise. Therefore, even if Licensee has a separate, written agreement to use CYBERVORE's products and to obtain maintenance releases and upgrades, use of this software is contingent upon Licensee's acceptance of the terms of this Agreement, and if Licensee is unwilling to accept these terms then Licensee may not use Beta Products.
Beta Products are provided for testing and evaluation purposes. The purpose of beta testing is to identify undiscovered bugs in software products through widespread testing. To protect end-licensees from the risk of such undiscovered bugs, CYBERVORE requires that beta versions of Cybervore products may not be used other than for internal testing and development purposes. In particular, Beta Products may not be used in products sold or otherwise provided to end-licensees without express written permission from CYBERVORE. Beta Products may be time-limited and may automatically cease to function after a date specified in the documentation accompanying the beta product.
License sections on "Upgrades" and "Technical Support" do not apply to Beta Products.
GENERAL USE LIMITATIONS. Licensee may not rent, lease, lend, sublicense, time-share, distribute, sell or assign the license to use this software. NOR MAY LICENSEE USE THIS SOFTWARE ON MORE COMPUTERS OR TERMINALS THAN LICENSEE'S LICENSE PERMITS. Licensee may make backup copies of the software strictly for Licensee's own archival purposes. Except as explicitly permitted pursuant to this Agreement, LICENSEE MAY NOT OTHERWISE DISTRIBUTE, COPY, REPRODUCE, SUBLICENSE, SELL OR OTHERWISE DISTRIBUTE THE SOFTWARE.
REPRESENTATIONS. You represent and warrant that you are over the age of majority, and that your being allowed access to and use of the software will not cause any penalty or damage to Cybervore.
This software may not be used for any illegal purpose, including:
gain unauthorized access to any data, account, computer system, or computer network;
deploy any robot, spider, scraper, or other automated means for searching or accessing any data, account, computer system, or computer network other than those which you are authorized;
access, transmit, or store any Social Security numbers or other form of governmentally-issued personal identifying number, any credit card, debit card, or other payment card numbers, any bank account or other financial account numbers, any medical information, or any passwords or other security codes meant for restricting access in any setting unless authorized;
access, transmit, or store any data or account in any way as would violate any security or privacy policy of Cybervore or of any third party, or as would facilitate or enable any compromise or breach of any Cybervore or third-party measure intended to safeguard the disclosure of any data or account;
access, transmit, or store any data or account in any way as would violate any privacy or data-security law or regulation (state, federal, or foreign);
transmit any information or data in violation of any export-control law or regulation;
interfere with the proper working of any computer system or computer network;
use the software for any illegal activity or as part of any cooperative scheme the totality of which would be reasonably anticipated to result in illegal activity;
use to circumvent a technological measure that effectively controls access to, or effectively protects a right of a copyright owner in, a copyrighted work where such circumvention is prohibited by the Digital Millenium Copyright Act (17 U.S. Code 1201) or other applicable law.
NO SOURCE CODE. The licensed software is the applicable above-mentioned version of Cybervore in object form. Other than sample source code that may be provided with certain Cybervore developer products, THE SOFTWARE DOES NOT INCLUDE SOURCE CODE OR ANY RIGHTS THERETO, INCLUDING SOURCE CODE TO ANY DLLs OR OTHER EXECUTABLE COMPONENTS.
GOVERNMENT RESTRICTED RIGHTS. The software is provided with Restricted Rights. Use, duplication, or disclosure for or by the Government of the United States, including without limitation any of its agencies or instrumentalities, is subject to restrictions set forth, as applicable:
in subparagraphs (a) through (d) of the Commercial Computer Software-Restricted Rights clause at FAR 52.227-19;
in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013; or in similar clauses in other federal regulations, including but not limited to the NASA FAR Supplement. The contractor or manufacturer is Cybervore. You are prohibited from removing or defacing any Restricted Rights notice or other legal notice appearing in the software or on any packaging or other media associated with the software.
PROHIBITION ON REVERSE ENGINEERING, ETC. Licensee or any other party is strictly prohibited from reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code or other underlying algorithms of the software (hereinafter "reverse engineering"). Licensee or any other party shall further not modify, adapt, translate or create derivative works based on the software (other than modifications pursuant to the interfacing via Cybervore programming APIs, to the extent of Licensee's purchased license as set forth herein). The parties acknowledge that Licensee's usage of Cybervore products is intended to be on a strictly non-exclusive basis, and Licensee hereby agrees not to use any reverse engineering of the licensed software, or information derived from reverse engineering of the licensed software, as a basis for or in support of any intellectual property claim against CYBERVORE involving the licensed software or other Cybervore products, or against Cybervore customers with respect to the same.
LIMITATIONS ON WARRANTY AND LIABILITY. The software is provided AS IS. To the extent permitted by applicable law, ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY EXCLUDED AND DISCLAIMED. CYBERVORE and its suppliers do not and cannot warrant the performance or results Licensee or Licensee's end-licensees may obtain by using the software.
IN NO EVENT SHALL CYBERVORE BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, including lost profits, lost savings, lost opportunities or other incidental or consequential damages arising out of the use of or inability to use the software, even if CYBERVORE has been advised of the possibility of such damages.
To the extent permitted by applicable law, UNDER NO CIRCUMSTANCE MAY CYBERVORE'S TOTAL LIABILITY TO LICENSEE UNDER ANY LEGAL THEORY OR CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, LIABILITY ARISING UNDER TORT, CONTRACT, COPYRIGHT, BREACH OF WARRANTY, OR PATENT LAW, AND WHETHER ARISING AS A RESULT OF THE USE OF ANY VERSION OF THE LICENSED SOFTWARE BY LICENSEE OR USE BY ANY OTHER PERSON OR ENTITY, EXCEED THE LESSER OF THE LICENSE FEE OR THE AMOUNT PAID TO CYBERVORE BY LICENSEE DURING THE ONE (1) YEAR PERIOD PRIOR TO THE FILING OF THE CLAIM.
Any liability of CYBERVORE to Licensee for any claims arising from this agreement or use of any version of the licensed software shall expire one (1) year from the earlier of the date of purchase of the licensed software or the Date of Agreement.
All disclaimers of warranties in this section shall also apply to officers, directors, employees, authorized resellers, agents, affiliates, and suppliers of CYBERVORE, and, to the extent permitted by applicable law, all such parties shall have no liability whatsoever to Licensee for any of the causes of action covered by this section, and Licensee further agrees not to seek indemnification or damages from any such parties.
OTHER TERMS
DATE OF AGREEMENT. The "Date of Agreement," as used herein and in all previous and subsequent sections, shall be the day that Licensee first purchases, installs or receives (whichever comes first) any version of the software.
ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between CYBERVORE and Licensee, superseding all previous agreements, and may not be amended other than by a written agreement. Exception: if Licensee has a signed, written license agreement with CYBERVORE granting a license to use this software, such grant of license shall supplement the license grant in this Agreement. Notwithstanding any such separate license agreement, Licensee agrees that the terms of this Agreement shall apply to evaluation usage and to use of any Beta Products, as described in the section on "Beta Products."
LIMITATION ON TRANSFER OF INTELLECTUAL PROPERTY RIGHT IN THE SOFTWARE. The software is owned by CYBERVORE and its suppliers, and its structure, organization and code are the valuable trade secrets of CYBERVORE and its suppliers. The software is also protected by the United States Copyright law and International Treaty provisions. Licensee may not copy the software, except as provided in this Agreement. Any copies that Licensee is permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the software. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark owner's name. Such use of any trademark does not give Licensee any rights of ownership in the trademark. Except as explicitly stated above, this Agreement does not grant any intellectual property rights in the software.
INTERNATIONAL LAW AND EXPORT. This Agreement will not be governed by the United Nations Convention on Contracts or the International Sale of Goods, the application of which is expressly excluded.
The software may not be shipped, transferred or exported into any country or used in any manner prohibited by the Export Administration Act of 1979, as amended (50 U.S.C. §§ 4601 - 4623) and the International Emergency Economic Powers Act, as amended (50 U.S.C. §§ 1701 - 1706) and any promulgating regulations.
Software may be subject to international rules that govern the export of software. Licensee shall comply with all applicable international and national laws that apply to the Software as well as end-user, end-use and destination restrictions issued by national governments. The country in which Licensee currently reside may have restrictions on the import, possession, use, and/or re-export to another country, of encryption software. Prior to using any encryption software, please check your country’s laws, regulations and policies concerning the import, possession, or use, and re-export of encryption software, to see if this is permitted. Please refer to the Wassenaar Arrangement http://www.wassenaar.org/ for more information. This software is controlled under ECCN 5D992.b.1 of the U.S. Export Administration Regulations (“EAR”), 15 C.F.R. §§ 730-774 per CCATS # [PLEASE PROVIDE CCATS DETERMINATION NUMBER] and may not be exported or re-exported to or downloaded by any person in any country controlled for anti-terrorism reasons (Country Group E:1; see Supplement No. 1 to 15 C.F.R. § 740) under the EAR. At present, these countries are Cuba, Iran, North Korea, Sudan, and Syria. Software may not be exported or re-exported to or downloaded by any person or entity subject to US sanctions regardless of location. See http://www.bis.doc.gov/ComplianceAndEnforcement/ListsToCheck.htm and 15 C.F.R. § 736. Cybervore is making this software available to Licensee for download on the condition that Lincensee certify that it is not such an entity and that the download is not otherwise in violation of U.S. export control and sanctions regulations.
The software itself only includes Concept Software Protection PLUS 5 SDK libraries, the Protection PLUS Automation Client library SKCA32.dll (starting with version 4.6), use RSA public key cryptography with 1024 bit keys by default (this value is configurable) for online product activation communication with SOLO Server. Protection PLUS 5 SDK also uses this same cryptography and/or digital signature for License File verification. The US Department of Commerce has classified this version as a "mass market" product: "This mass market encryption item is described in Section 742.15(b)(1) of the Export Administration Regulations (EAR). Authorization under Section 742.15(b)(1) of the EAR requires an annual self-classification report in accordance with Section 742.15(c) of the EAR." Because this classification is based on the marketing and purpose of the product, it would not necessarily cover other products that use the software. Therefore, we recommend that developers exporting these components consult legal counsel to determine the export classification of these components as applied to their products. All Cybervore license agreements require compliance with U.S. export laws and regulations.
NO WAIVER. The failure to immediately enforce any provisions, rights or remedies under this Agreement shall not constitute a waiver by the party failing to enforce such provision, even if the party failing to enforce such provisions, rights or remedies is aware of the other party's contractual breach.
CHOICE OF LAW. This agreement will be governed by and construed in accordance with the laws of the State of New Jersey, without regard to the conflict of law rules of any jurisdiction, including the State of New Jersey. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
BINDING ARBITRATION AND CLASS ACTION WAIVER. This paragraph shall apply to any dispute between Licensee and CYBERVORE concerning the Licensed Software or this agreement, including any controversy or claim arising out of or relating to this contract, or the breach thereof, or other action or controversy, whether arising under contract, warranty, tort, statute or any other legal or equitable basis, except that this paragraph shall not apply to any action initiated by CYBERVORE to enforce CYBERVORE’s intellectual property rights. Any dispute shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitrator(s) shall be licensed to practice law in the State of New Jersey with an expertise in software copyright law, and shall apply the laws of the United States and of the State of New Jersey, and the terms of this Agreement. The place of arbitration shall be Trenton, New Jersey. All awards shall be made within three months of the filing of the notice of intention to arbitrate, and the arbitrator(s) shall agree to comply with this schedule before accepting appointment. However, this time limit may be extended by agreement of the parties or by the arbitrator(s) if necessary. The arbitrator(s) may determine how the costs and expenses of the arbitration shall be allocated between the parties, but shall not award attorneys' fees. The arbitration remedies set forth above shall be the parties’ sole remedies for breach of this Agreement, or any matters covered by this Agreement.
Any dispute resolution proceedings shall be conducted only on an individual basis and not in a class, consolidated, or representative action. ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER LICENSEE NOR CYBERVORE WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.
VENUE. In the event that for any reason an action is brought (notwithstanding the arbitration remedies set forth above) relating to this license agreement or use of the Licensed Software or any related matter between the parties, the venue for such action shall be the court with jurisdiction over the matter that is located in the State of New Jersey and that is geographically closest to Highlands, New Jersey.
If any portion of this Agreement is found to be invalid, the remainder shall continue in force. This Agreement shall remain in effect even if the software is uninstalled or deleted after installation.
Notices and Acknowledgements
ConfuserEX
ConfuserEx is an open-source protector for .NET applications. It offers advanced security to applications written in C#, VB, F#, and other .NET languages.
ConfuserEx is licensed under MIT license, so you’re free to fork and modify it to suit your need!
MIT License:
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the software, and to permit persons to whom the software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Unicode Notice. Cybervore includes data based on the Unicode Standard, which is published by the Unicode Consortium, www.unicode.org.
Copyright (c) 1991-1996 Unicode, Inc. All Rights reserved.
DISCLAIMER. The Unicode Character Database "UNIDATA2.TXT" is provided as-is by Unicode, Inc. (The Unicode Consortium). No claims are made as to fitness for any particular purpose. No warranties of any kind are expressed or implied. The recipient agrees to determine applicability of information provided. If this file has been purchased on magnetic or optical media from Unicode, Inc., the sole remedy for any claim will be exchange of defective media within 90 days of receipt. This disclaimer is applicable for all other data files accompanying the Unicode Character Database, some of which have been compiled by the Unicode Consortium, and some of which have been supplied by other vendors.
LIMITATIONS ON RIGHTS TO REDISTRIBUTE THIS DATA
Recipient is granted the right to make copies in any form for internal distribution and to freely use the information supplied in the creation of products supporting the Unicode (TM) Standard. This file can be redistributed to third parties or other organizations (whether for profit or not) as long as this notice and the disclaimer notice are retained.
Copyright © 1995-1999 Unicode, Inc. All Rights reserved.
Disclaimer. The Unicode Character Database is provided as is by Unicode, Inc. No claims are made as to fitness for any particular purpose. No warranties of any kind are expressed or implied. The recipient agrees to determine applicability of information provided. If this file has been purchased on magnetic or optical media from Unicode, Inc., the sole remedy for any claim will be exchange of defective media within 90 days of receipt. This disclaimer is applicable for all other data files accompanying the Unicode Character Database, some of which have been compiled by the Unicode Consortium, and some of which have been supplied by other sources.
Limitations on Rights to Redistribute This Data. Recipient is granted the right to make copies in any form for internal distribution and to freely use the information supplied in the creation of products supporting the UnicodeTM Standard. The files in the Unicode Character Database can be redistributed to third parties or other organizations (whether for profit or not) as long as this notice and the disclaimer notice are retained. Information can be extracted from these files and used in documentation or programs, as long as there is an accompanying notice indicating the source.
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