Secret 1-2-3 End User License Agreement
IMPORTANT – PLEASE READ CAREFULLY
Please
note the following preliminary terms, which use some of the definitions set out
in Section 1 below:
This
Agreement: This Agreement, and any new versions, between The 123 Corporation
and You, covers all of Your use of Secret 1-2-3
Software and Secret 1-2-3 Services from any terminals on which Secret 1-2-3
Software has been installed, by You or by third parties. You can accept this
Agreement by clicking on the ACCEPT button or similar buttons or links as may
be designated by the 123 Corporation.
Additional
Terms: Your agreement with The 123 Corporation will also include the Additional
Terms (as set forth below). The Additional Terms shall include, but are not
limited to, the terms and policies set out in Section 7 below. In order to use
the Secret 1-2-3 Services, You must accept the Additional Terms. You can accept
the Additional Terms by (i) clicking to accept or
agree where this option is made available to You, or
(ii) by actually using the Secret 1-2-3 Services, in which case You acknowledge
and agree that The 123 Corporation will treat such use as acceptance of the
applicable terms. You acknowledge and agree that by accepting this Agreement
and the Additional Terms you are entering into a legally binding contract,
which collectively is referred to below as the “Terms”. If there is any
contradiction between the Additional Terms and this Agreement, then the
Additional Terms shall take precedence in relation to the Secret 1-2-3 Software
and the relevant Secret 1-2-3 Service. You should print off or save a copy of
the Terms for your records.
Electronic
Signature(s): You hereby agree to the use of electronic communication in order
to enter into contracts, place orders and create other records and to the
electronic delivery of notices, policies and records of transactions initiated
or completed through the Secret 1-2-3 Software and Secret 1-2-3 Services.
Furthermore, You hereby waive any rights or
requirements under any laws or regulations in any jurisdiction which require an
original (non-electronic) signature or delivery or retention of non-electronic
records, to the extent permitted under applicable mandatory law.
Jurisdiction’s
Restrictions: If the law of Your country prohibits You
from downloading or using Secret 1-2-3 Software or Secret 1-2-3 Services
because You are under the age limit or because the Secret 1-2-3 Services are
not allowed in Your country, you have no right or authority to use it.
1.
Definitions
1.1
The following terms and expressions shall have the following meanings:
Additional
Terms: the terms and conditions and policies applicable to Your
use of the Secret 1-2-3 Software and the Secret 1-2-3 Services, in addition to
this Agreement.
Affiliate:
any corporation, company or other entity that directly or indirectly controls,
is controlled by, or is under common control with, Secret 1-2-3. For the
purpose of this definition, the word "control" shall mean the direct
or indirect ownership of more than fifty percent (50%) of the outstanding
voting stock of the corporation, company, or other entity.
Agreement:
this End User License Agreement, as may be renewed and/or amended from time to
time.
Documentation:
any online or otherwise enclosed documentation provided by The 123 Corporation.
Effective
Date: the date on which You enter into this Agreement
is entered into by You clicking on the ACCEPT button as stated above or upon
installation or use of the Secret 1-2-3 Software by You, whichever occurs
earlier.
IP
Rights: means (i) patents, pending patent
applications, designs, trademarks and trade names (whether registered or
unregistered), copyright and related rights, database rights, knowhow and
confidential information; (ii) all other intellectual property rights and
similar or equivalent rights anywhere in the world which currently exist or are
recognized in the future; and (iii) applications, extensions and renewals in
relation to any such rights.
Password:
refers to a code You select, which, in combination
with your Private Key, gives You access to Your User Account.
The
123 Corporation: refers to the company incorporated under the laws of Delaware,
USA, with its primary address in Palo Alto, CA.
Secret
1-2-3 Services: the Secret 1-2-3 Website and any other products and services
made available to You by The 123 Corporation or its
Affiliates, in addition to the Secret 1-2-3 Software.
Secret
1-2-3 Software: the software distributed by Secret 1-2-3 for internet
communication applications, including without limitation the UI and
Documentation, as well as any future versions, improvements, developments,
programming fixes, updates and upgrades thereof.
The
123 Corporation Staff: the officers, directors, employees and agents of The 123
Corporation or its Affiliates, or any other persons hired by The 123
Corporation or its Affiliates.
The
123 Corporation Website: any and all elements, contents and the ‘look and feel’
of the website available under the URL, www.Secret 1-2-3.com ,
– among other
URL’s –, from which website
the Secret 1-2-3 Software can be downloaded.
Terms:
has the meaning given in the “Additional Terms” preamble above.
UI:
the user interface of the Secret 1-2-3 Software.
User
Account: refers to the account you create during sign up for Your
use of the Secret 1-2-3 Software and Secret 1-2-3 Services.
Private
Key: refers to your Secret 1-2-3 Private Key which was created and assigned to
you during sign up, which in combination with the Password and Public
Certificate, gives access to Your User Account.
Public
Certificate: refers to your Secret 1-2-3 Public Certificate which was created
and assigned to you during sign up, which in combination with the Password and
Private Key, gives access to Your User Account.
You:
You, the end user of the Secret 1-2-3 Software and Secret 1-2-3 Services, also
used in the form “Your” where applicable.
1.2
References to the singular include the plural and vice versa, and references to
one gender include the other gender.
1.3
Any phrase introduced by the expressions “including”, “include”, “in
particular” or any similar expression shall be construed as illustrative and
shall not limit the sense of the words preceding those terms.
2.
License and Restrictions
2.1
License: Subject to the terms of this Agreement, The 123 Corporation hereby
grants You a limited, personal, non-commercial, non-exclusive, non-sub licensable,
non-assignable, free of charge license to download, install and use the Secret
1-2-3 Software and Secret 1-2-3 Services on Your computer or cell phone for the
sole purpose of personally using the internet communication applications
provided by The 123 Corporation and any other applications that may be
explicitly provided by Secret 1-2-3 Software and Secret 1-2-3 Services. You are
allowed to use the Secret 1-2-3 Software and Secret 1-2-3 Services at a university
or any other educational institution, subject to paragraph 4.4 below and in
accordance with this Agreement and any applicable Additional Terms. You are
allowed to use the Secret 1-2-3 Software and Secret 1-2-3 Services at work to
make communications relating to Your business in
accordance with this Agreement and any applicable Additional Terms.
2.2
No Granting of Rights to Third Parties: You will not sell, assign, rent, lease,
distribute, export, import, act as an intermediary or provider, or otherwise
grant rights to third parties with regard to the Secret 1-2-3 Software or Secret
1-2-3 Services any part thereof.
2.3
No Modifications: You will not undertake, cause, permit or authorize the
modification, creation of derivative works, translation, reverse engineering,
decompiling, disassembling or hacking of the Secret 1-2-3 Software or Secret
1-2-3 Services or any part thereof except to the extent permitted by law.
2.4
Third Parties: The Secret 1-2-3 Software may be incorporated into, and may
incorporate in it, software and other technology owned and controlled by third
parties. Any such third party software or technology that is incorporated in
the Secret 1-2-3 Software falls under the scope of this Agreement. Any and all
other third party software or technology that may be distributed together with
the Secret 1-2-3 Software will be subject to You explicitly accepting a license
agreement with that third party. You acknowledge and agree that You are not entering into a contractual relationship with
The 123 Corporation or its Affiliates regarding such third party software or
technology and you will look solely to the applicable third party and not to
The 123 Corporation or its Affiliates to enforce any of your rights with
respect to third party software.
2.5
Exclusive Ownership: Any and all IP Rights in the Secret 1-2-3 Software, the Secret
1-2-3 Website, the
Secret
1-2-3 Online Material and the Secret 1-2-3 Promotional Materials are and shall
remain the exclusive property of The 123 Corporation and/or its licensors.
Nothing in this Agreement intends to transfer any IP Rights to, or to vest any
IP Rights in, You. You are only entitled to the
limited use of The 123 Corporation’s IP Rights granted to You
in this Agreement. You will not take any action to jeopardize, limit or
interfere with The 123 Corporation’s IP Rights. Any unauthorized use of The 123
Corporation’s IP Rights is a violation of this Agreement as well as a violation
of intellectual property laws and treaties, including without limitation
copyright laws and trademark laws. All title and IP Rights in and to any third
party content that is not contained in the Secret 1-2-3 Software, but may be
accessed through use of the Secret 1-2-3 Software, is the property of the
respective content owners and may be protected by applicable copyright or other
intellectual property laws and treaties.
2.6
No Removal of Notices: You agree that You will not
remove, obscure, make illegible or alter any notices or indications of the IP
Rights and/or The 123 Corporation’s rights and ownership thereof, whether such
notice or indications are affixed on, contained in or otherwise connected to
any materials.
2.7 Use of Secret 1-2-3 Public Certificate
and Private Key.
2.7.1
You may only make use of the Secret 1-2-3 Public Certificate, Public Key and
Private Key with the Secret 1-2-3 software which is provided by The 123
Corporation and any use of these items with software not provided by the 1-2-3
Corporation is a violation of this agreement.
2.8
Secret 1-2-3 Promotional Materials: Nothing in this Agreement will give You any right to use the Secret 1-2-3 Promotional Materials.
3.
What You should and should not expect from The 123
Corporation
3.1
No Guarantees: Installing Secret 1-2-3 Software enables You
to communicate securely with other people. The 123 Corporation cannot guarantee
that You will always be able to communicate securely with
other people, nor can The 123 Corporation guarantee that You communicate securely
without disruptions or communication-related flaws.
3.2
Content of Communications: The content of the communication spread by the use
of the Secret 1-2-3 Software is entirely the responsibility of the person from
whom such content originated. You understand, therefore, that by using the Secret
1-2-3 Software and the Secret 1-2-3 Services You may be exposed to content that
is offensive, harmful to minors, indecent or otherwise objectionable, and that
You use the Secret 1-2-3 Software and the Secret 1-2-3 Services at Your own
risk.
3.3
New Versions of the Secret 1-2-3 Software and Secret 1-2-3 Services: The 123
Corporation, in its sole discretion, reserves the right to add or remove
additional features or functions, or to provide programming fixes, updates and
upgrades, to the Secret 1-2-3 Software and Secret 1-2-3 Services. The 123
Corporation has no obligation to make available to You
any subsequent versions of the Secret 1-2-3 Software and Secret 1-2-3 Services.
You may have to enter into a renewed version of this Agreement, in order to
download, install or use a new version of the Secret 1-2-3 Software.
3.4
Suspension: The 123 Corporation may, in its sole discretion and to the maximum
extent permitted within Your jurisdiction, modify or discontinue or suspend
Your ability to use any version of the Secret 1-2-3 Software and Secret 1-2-3
Services, and/or disable any Secret 1-2-3 Software You may already have
accessed or installed without any notice to You, for the repair, improvement,
and/or upgrade of the underlying technology or for any other justifiable
reason, including but not limited to, circumstances where You, as determined by
The 123 Corporation in its discretion, are in breach of the Terms, creating
problems, possible legal liabilities, or engaging in fraudulent, immoral or
illegal activities, or for other similar reasons.
4.
What we expect from You
4.1
Lawful purposes: You will use the Secret 1-2-3 Software and Secret 1-2-3
Services solely for lawful purposes. In this respect You may not, without
limitation (a) intercept or monitor, damage or modify any communication which
is not intended for You; (b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions
that are designed to distort, delete, damage or disassemble the Secret 1-2-3
Software, Secret 1-2-3 Services or any communication; (c) send any unsolicited
commercial communication not permitted by applicable law; (d) expose any third
party to material which is offensive, harmful to minors, indecent or otherwise
objectionable in any way; (e) use the Secret 1-2-3 Software or Secret 1-2-3
Services to cause or intend to cause embarrassment or distress to, or to
threaten, harass or invade the privacy of, any third party; or (f) use any
material or content that is subject to any third party proprietary rights,
unless you have a license or permission from the owner of such rights (g) use
the Secret 1-2-3 Software or Secret 1-2-3 Services to send any type of spider,
virus, worm, trojan-horse, time bomb or any other
codes or instructions that are designed to damage the recipient’s computer.
4.2
Representations: You represent and warrant that You
are authorized to enter into and comply with the Terms. Furthermore, You represent and warrant that You will at any and all times
fulfill Your obligations under the Terms, as well as any and all laws,
regulations and policies that may apply to the use of Your Secret 1-2-3
Software or the Secret 1-2-3 Services.
4.3
Indemnification: YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE 123 CORPORATION
AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS,
INCLUDING REASONABLE ATTORNEYS’ FEES INCURRED BY SUCH PARTIES, IN CONNECTION
WITH OR ARISING OUT OF YOUR (A) VIOLATION OR BREACH OF ANY TERM OF THIS
AGREEMENT OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED
HEREIN, OR (B) VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, OR (C) USE OR MISUSE
OF THE SECRET 1-2-3 SOFTWARE OR SECRET 1-2-3 SERVICES, OR (D) COMMUNICATION MADE
BY MEANS OF THE SECRET 1-2-3 SOFTWARE OR SECRET 1-2-3 SERVICES.
4.4
Utilization of Your Computer: If Your use of the Secret 1-2-3 Software is dependent
upon the use of a processor and bandwidth owned or controlled by a third party,
You acknowledge and agree that Your license to use the Secret 1-2-3 Software is
subject to You obtaining consent from the relevant third party for such use.
You represent and warrant that by accepting this Agreement and using the Secret
1-2-3 Software, You have obtained such consent.
4.5
Export Restrictions: Secret 1-2-3 Software may be subject to international
rules that govern the export of software.
You shall comply with all applicable international and national laws
that apply to the Secret 1-2-3 Software as well as end-user, end-use and
destination restrictions issued by national governments. This software is
controlled under ECCN 5D992.b.1 of the Export Administration Regulations
(“EAR”) per CCATS # G047973 and thus may not be exported or re exported to or
downloaded by any person in any countries controlled for anti terrorism reasons
under the EAR, which include Iran, North Korea, Cuba, Syria and Sudan. EAR 742.15(a), Title 15 Code of Federal Regulations.
Moreover, the 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 EAR Part
736. The 123 Corporation is making the Secret 1-2-3 software available to You for download only on the condition that You certify that
You are not such a person or entity and that the download is not otherwise in
violation of US export control and sanctions regulations.
5.
Term, Termination, Updates
5.1
Term: This Agreement will be effective as of the Effective Date and will remain
effective until terminated by either The 123 Corporation or You as set forth below.
The Additional Terms will be effective as of the date upon which they are
accepted by You or You use the relevant Secret 1-2-3 Service (as applicable),
and will remain effective until terminated by either The 123 Corporation or You
as set forth below and/or in the applicable Additional Terms.
5.2
Termination : You may terminate
the Terms with immediate effect at any time by cancelling your user account and
ceasing to use the Secret 1-2-3 software and Secret 1-2-3 Services. Without
limiting other remedies, The 123 Corporation may limit, suspend, or terminate
this license and Your use of Secret 1-2-3 Software and Secret 1-2-3 Services,
prohibit access to the Secret 1-2-3 Website and delete Your User Account, with
immediate effect, automatically and without recourse to the courts, if we think
that You are in breach of the Terms, creating problems, legal liabilities
(actual or potential), infringing someone else’s intellectual property rights,
engaging in fraudulent, immoral or illegal activities, or for other similar
reasons. The 123 Corporation shall effect such termination by providing notice
to You to the email address You have provided, and/or
by preventing Your access to Your User Account. We reserve the right to cancel
User Accounts that have been inactive for more than one (1) year.
5.3
Consequences of Termination: Upon termination of this Agreement and the
Additional Terms: (a) all licenses and rights to use Your User Account,
the Secret 1-2-3
Software and the Secret 1-2-3 Services shall immediately terminate; (b) You
will immediately cease any and all use of the Secret 1-2-3 Software and Secret
1-2-3 Services; and (c) You will immediately remove the Secret 1-2-3 Software
from all hard drives, networks and other storage media and destroy all copies
of the Secret 1-2-3 Software in Your possession or under Your control.
5.4
New Versions: The 123 Corporation reserves the right to change this Agreement
at any time by publishing the revised Agreement on the Secret 1-2-3 Website.
The revised Agreement shall become effective within thirty (30) days of such
publication, unless You expressly accept the revised
Agreement earlier by clicking on the accept button. Your express acceptance or Your continued use of the Secret 1-2-3 Software and Secret
1-2-3 Services after expiry of the notice period of thirty (30) days, shall
constitute Your acceptance to be bound by the terms and conditions of the
revised Agreement. You can find the latest version of this Agreement at http://www.Secret
1-2-3.com/tos.html. The 123 Corporation reserves the right to change any of the
Additional Terms from time to time and such changes shall become effective
either within thirty (30) days of publication of the revised version on the Secret
1-2-3 Website (unless You expressly accept the revised terms earlier by
clicking on the accept button if this option is made available), or within the
timeframe set out in the applicable Additional Terms if different.
6.
Disclaimer of Warranties and Limitation of Liability
6.1
No Warranties: THE SECRET 1-2-3 SOFTWARE AND SECRET 1-2-3 SERVICES ARE PROVIDED
“AS IS” WITH NO WARRANTIES WHATSOEVER; THE 123 CORPORATION DOES NOT, EITHER
EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS
WITH RESPECT TO THE SECRET 1-2-3 SOFTWARE AND SECRET 1-2-3 SERVICES, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE,
NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE.
THE 123 CORPORATION FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SECRET 1-2-3
SOFTWARE AND SECRET 1-2-3 SERVICES WILL ALWAYS BE
AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND
ERROR-FREE.
6.2
Your own Risk: You acknowledge and agree that the entire risk arising out of Your use of the Secret 1-2-3 Software and Secret 1-2-3
Services remains with You, to the maximum extent permitted by law.
6.3
No Liability: The Secret 1-2-3 Software and Secret 1-2-3 Services are being
provided to You free of charge. ACCORDINGLY, YOU
ACKNOWLEDGE AND AGREE THAT THE 123 CORPORATION, ITS AFFILIATES, ITS LICENSORS
AND THE 123 CORPORATION STAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR
ARISING FROM YOUR USE OF THE SECRET 1-2-3 SOFTWARE AND SECRET 1-2-3 SERVICES,
AS SET FORTH BELOW. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR
DISSATISFACTION WITH THE SECRET 1-2-3 SOFTWARE AND SECRET 1-2-3 SERVICES IS TO
IMMEDIATELY DEINSTALL AND CEASE USE OF SUCH SECRET 1-2-3 SOFTWARE AND SECRET
1-2-3 SERVICES.
6.4
Limitation of Liability: IN NO EVENT SHALL THE 123 CORPORATION, ITS AFFILIATES,
ITS LICENSORS OR THE 123 CORPORATION STAFF BE LIABLE, WHETHER IN CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF
LIABILITY, FOR:
6.4.1
ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT
LIMITATION ANY LOSS OF OR CORRUPTION TO DATA, INTERRUPTION, COMPUTER FAILURE OR
PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SECRET 1-2-3
SOFTWARE OR SECRET 1-2-3 SERVICES;
6.4.2
ANY LOSS OF INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT) ARISING
OUT OF THE USE OR INABILITY TO USE THE SECRET 1-2-3 SOFTWARE OR SECRET 1-2-3
SERVICES; AND
6.4.3
ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF;
(I)
ANY DISRUPTIONS OR DELAYS IN ANY COMMUNICATION WHEN USING THE SECRET 1-2-3
SOFTWARE OR SECRET 1-2-3 SERVICES;
(II)
THE SUSPENSION OR TERMINATION OF THIS AGREEMENT BY YOU OR BY THE 123
CORPORATION FOR ANY REASON; AND
(III)
THE RELEASE OR THE DECISION NOT TO RELEASE NEW VERSIONS OF THE SECRET 1-2-3
SOFTWARE OR SECRET 1-2-3 SERVICES TO YOU.
6.5
THE LIMITATIONS ON THE 123 CORPORATION’S LIABILITY TO YOU IN PARAGRAPH
6.6
ABOVE SHALL APPLY WHETHER OR NOT THE 123 CORPORATION, ITS AFFILIATES OR THE 123
CORPORATION STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR
DAMAGES ARISING.
6.7
Jurisdiction’s Limitations: As some jurisdictions do not allow some of the
exclusions or limitations as set forth above, some of these exclusions or
limitations may not apply to You. In such event the
liability will be limited to the maximum extent possible within the applicable
legislation.
7.1
In addition to this Agreement, You have to comply with the following Additional
Terms when receiving the Secret 1-2-3 Software and the Secret 1-2-3 Services.
We expect You to read these Additional Terms
carefully, all of which are made part of this Agreement:
• Distribution of Secret 1-2-3 Software. You are not
allowed to distribute the Secret 1-2-3 Software or any part thereof in a
CD-ROM, DVD or other similar physical media unless You
comply with the Distribution Terms at http://www.Secret 1-2-3.com/. Any other
distribution of the Secret 1-2-3 Software is subject to paragraph 7.2 below.
7.2
Any other exceptions: If You are interested in doing
anything which is not permitted under this Agreement or by one of the above
Additional Terms, You expressly will have to obtain The 123 Corporation’s prior
written consent and explicitly agree upon any further terms.
7.3
Your Confidential Information and Your Privacy: The 123 Corporation is
committed to respecting Your privacy and the
confidentiality of Your personal data. The Privacy Policy at http://www.Secret 1-2-3.com/privacy.html sets out how The
123 Corporation may use Your personal data, the
traffic data and the content contained in Your communication(s). If You object to Your information being used in the way set out
in the Privacy Policy then You should not use the Secret 1-2-3 Software and Secret
1-2-3 Services.
8.
Miscellaneous
8.1
Entire Agreement: The terms and conditions of the Terms constitute the entire
agreement between You and The 123 Corporation with respect to the subject
matter hereof and will supersede and replace all prior understandings and
agreements, in whatever form, regarding the subject matter. Nothing in this
clause shall exclude or restrict the liability of either You
or The 123 Corporation arising out of fraud or fraudulent misrepresentation.
8.2
Partial Invalidity: If any provision of the Terms, or any part of a provision,
is found by any court or administrative body of competent jurisdiction to be
illegal, invalid or unenforceable, and the provision (or part-provision) in
question is not of a fundamental nature to the Terms as a whole, the legality,
validity or enforceability of the remainder of the Terms (including the
remainder of the term which contains the relevant provision) shall not be affected.
8.3
No waiver: The failure to exercise, or delay in exercising, a right, power or
remedy provided by the Terms or by law shall not constitute a waiver of that
right, power or remedy. If The 123 Corporation waives a breach of any provision
of the Terms this shall not operate as a waiver of a subsequent breach of that
provision, or as a waiver of a breach of any other provision.
8.4
Assignment: You are not allowed to assign the Terms or any rights hereunder.
The 123 Corporation is allowed at its sole discretion to assign the Terms or
any rights hereunder to any third party, without giving prior notice.
8.5
Applicable Law and Competent Court: The Terms shall be governed by and
interpreted in accordance with the laws of California, USA and shall be subject
to the jurisdiction of the courts of the district of Santa Clara County.
8.6
Language: The original English version of the Terms may have been translated
into other languages. In the event of inconsistency or discrepancy between the
English version and any other language version, the English language version
shall prevail.
8.7
Survival: The terms of paragraphs 2.5, 5 and 6 of this Agreement, and any other
provision of the Additional Terms which is expressed to survive or operate in
the event of termination, shall survive termination of this Agreement and the
applicable Additional Terms for whatever reason.
YOU
EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE
RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE
ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE SECRET 1-2-3 SOFTWARE, YOU
EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO THE 123
CORPORATION THE RIGHTS SET FORTH HEREIN.
©
The 123 Corporation – Last revised: August 27, 2010