RoboForm License and Terms of Use.
ROBOFORM END USER SOFTWARE LICENSE AGREEMENT IMPORTANT: YOU SHOULD CAREFULLY READ THIS LEGAL AGREEMENT BEFORE INSTALLING THIS PACKAGE. BY INSTALLING ROBOFORM, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND AGREE THAT YOU WILL BE LEGALLY BOUND BY THEM. IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE TO YOU, DO NOT CONTINUE TO INSTALL THIS SOFTWARE. Siber Systems is a Virginia Corporation, with address at 3701 Pender Dr, Ste 400, Fairfax, VA 22030, United States. Customer is identified on Order Form, which is filled out by Customer when purchasing RoboForm products. Order Form can be a written form or electronic form. By signing written Order Form or electronically submitting the Order Form, Customer represents and warrants that Customer has read, understands and agrees to be bound by the terms of this Agreement. Customer Password Data is defined as Logins, Identities and Safenotes stored in RoboForm (see RoboForm manual at https://www.roboform.com/manual for details). ROBOFORM LICENSE TERMS 1.SOFTWARE LICENSE GRANT Subject to the terms and conditions of this Agreement, upon payment of all license fees owed for the Software, Siber Systems (Siber) grants and Customer accepts a nonexclusive, nontransferable, non-assignable (unless such prohibition is otherwise prohibited by local law), limited license to use the Software solely in accordance with the terms and conditions of this Agreement. 2.1. LICENSE FOR RoboForm Premium (ANNUAL FEE, SUBSCRIPTION-BASED) RoboForm Premium license is subscription-based, that is, annual license fee is paid by Customer to Siber for such license. RoboForm Premium license allows Customer to use RoboForm on computers and mobile devices, as long as: - Customer uses the same RoboForm account on all devices and has substantially the same RoboForm Customer Data on all these devices, and - All these computers and devices belong to the same Customer, and - Customer is a physical person and not a company or organization or government institution. If Customer uses several RoboForm accounts then Customer shall acquire number of RoboForm Premium licenses equal to number of RoboForm accounts the Customer uses and stay current on Annual payments for each account. 2.1.1 ROBOFORM EVERYWHERE RENAMED TO ROBOFORM PREMIUM. Effective from August 7, 2023, RoboForm Everywhere will be known as and referred to as "RoboForm Premium". This change of name does not alter any terms, conditions, or obligations in the existing RoboForm Everywhere accounts. All references to "RoboForm Everywhere" in existing agreements shall henceforth be understood to refer to "RoboForm Premium". 2.2. LICENSE FOR RoboForm For Business (ANNUAL FEE, SUBSCRIPTION-BASED) RoboForm For Business license is subscription-based, that is, annual license fee is paid by Customer to Siber for such license. In the text below, Employee is defined as an employee, contractor or representative of a Customer. Customer is a company, organization or government institution with one or more Employees. RoboForm For Business license allows a single Employee to use RoboForm on computers and mobile devices, as long as: - Employee uses the same RoboForm account on all devices and has substantially the Password Data on all of these computers and devices, and - All these computers and devices belong to the same Customer, and - Each Employee using RoboForm must have a separate RoboForm account, no account sharing is allowed. - Customer is a company or organization or government institution. If Customer uses several RoboForm accounts then Customer shall acquire number of RoboForm for Business licenses equal to number of RoboForm Everywhere the Customer uses and stay current on Annual payments for each account. 2.3. LICENSE FOR RoboForm Pro (ONE TIME FEE, LEGACY: VER 7 AND EARLIER) A Customer who acquires one license for RoboForm Pro is granted a non-exclusive license to use RoboForm Pro on a single computer only. If a Customer is using RoboForm Pro on several computers, then Customer shall acquire one RoboForm Pro license for each computer on which Customer uses RoboForm Pro. 2.4. LICENSE FOR RoboForm2Go Pro (ONE TIME FEE, LEGACY: VER 7 AND EARLIER) A Customer who acquires one license for RoboForm2Go Pro is granted a non-exclusive license to use RoboForm2Go Pro on one Portable Disk only. If a Customer is using RoboForm2Go Pro on several Portable Disks, Customer shall acquire one RoboForm2Go Pro licenses for each Portable Disk that Customer installs RoboForm2Go Pro on. 2.5. Free Trials. Siber may provide free or trial versions of RoboForm software to Customer, at Siber's discretion. Siber reserves the right, in its sole and absolute discretion, to restrict, limit or terminate the use of free or trial versions of any of the RoboForm Products by any individual, entity or group of entities. Customer's right and license to access, use, execute, and deploy any free or trial versions of RoboForm Products are not guaranteed for any period of time. 3. COMMON PROVISIONS FOR ALL ROBOFORM LICENSES COPYRIGHT/OWNERSHIP OF PROGRAM: RoboForm is the proprietary product of Siber and its licensors and it is protected by copyright, trade secret and other intellectual property laws. Customer acquires only the right to use RoboForm and does not acquire any rights, express or implied, in RoboForm or media containing RoboForm other than those specified in this License. Siber, or its licensor, shall at all times retain all rights, title, interest, including intellectual property rights, in RoboForm and media. TRADEMARKS: RoboForm (R) is registered trademark owned by Siber. RoboForm2Go, RoboForm Pro, RoboForm For Business, Siber Systems are trademarks owned by Siber. Any unauthorized use of this trademark and/or trade names or any other intellectual property owned by Siber or its licensors is prohibited. NO MODIFICATION OR REVERSE ENGINEERING: Customer shall not remove any product identification, copyright notices, or other notices or proprietary restrictions from RoboForm. Customer shall not cause or permit reverse engineering, disassembly, or decompilation of RoboForm. MULTIPLE OSes on ONE COMPUTER: If a computer has more than one copy of Operating System installed on it (including Virtual Machines) then each instance of Operating System shall be considered to be a separate computer for purposes of this License Agreement. UPGRADES: Minor fixes and upgrades shall be provided to Customer for no additional fee if Customer acquired RoboForm Pro or RoboForm2Go Pro license. Minor release is defined as releases whose Major version number (first number in version string) is the same as Major version number of RoboForm license at time of purchase. Upgrade to Major releases of RoboForm shall require payment. Major release is defined as a release where Major version number is not the same as Major version number of the version that Customer originally acquired. Example: Customer bought RoboForm license for ver 7.9.25. She may update for free to versions 7.9.27, up to 7.9.99. But upgrading to ver 8.30 and higher will require payment. Both Minor and Major updates are included in Subscription-based Licenses (RoboForm Premium and RoboForm For Business) for no additional fee, as long as Customer remains current on payments for said Licenses. SUPPORT: Siber shall provide online support to Customers who are current on their Annual Subscription payments for Subscription-Based licenses. Support shall be provided by Customer filing a ticket with RoboForm Online Support system at support.roboform.com and proving additional information and logs, as requested by Siber support representative. Bug fixes are not guaranteed but Siber shall make reasonable to fix defects that are fixable. In any case, the only recourse available to Customer who is not satisfied with Siber support shall be not renewing Subscription. Customers who use acquired licenses that require no annual payments (RoboForm Pro, RoboForm2Go Pro, Trial or Free licenses) shall not be entitled to Support, but Siber may provide support to such Customers at its own discretion. REFUNDS: Siber will refund the full amount paid for a license of RoboForm if: - The refund request is received by Siber within 30 days of the date of purchase of RoboForm license by Customer at support web site https://support.roboform.com - Customer provides Proof of Purchase, which is the original e-mail receipt for RoboForm. - Customer who receives negotiated discounts shall not be allowed to refund discounted order. - RoboForm For Business licenses are not refundable. Licenses that originate from Purchases that have been refunded or charged back or voided by Customer's Card Issuer or Bank shall become null and void, that is, the Customer shall lose the right to RoboForm license once such refund occurs. AUTOMATIC RENEWAL: Customer who acquired Subscription-based licenses (RoboForm Premium, RoboForm for Business) hereby agrees that once Annual Subscription Fee is due, Siber shall charge it automatically to Customer's credit card that was stored by Siber in its database from the original purchase. Annual Subscription Fee is charged at the beginning of the annual term for which it is paid. Annual Subscription Fee is charged at the beginning of the annual term for which it is paid. Customer is allowed to terminate Annual Subscription at any time. Such termination shall result in termination of RoboForm Premium license for all computers and mobile devices of Customer. If termination has occurred after 30 days since the last renewal then no money shall be refunded, but Siber shall not charge the customer's credit card on the next renewal cycle. AUTOMATIC TERMINATION FOR NON-PAYMENT: If Annual Subscription fee is not paid on time or if payment of Annual Subscription fee is reversed by any means (including void, refund, chargeback) then License becomes null and void and in addition to that Siber has a right to delete all Customer's data from Siber servers, if Customer's account remains unpaid for more than 30 days. BROWSER MODIFICATIONS: RoboForm and RoboForm2Go may install Toolbar, Browser Helper Object or Extension into Customer's browsers. They are used to fill and save forms in the browsers and to cause browser to perform automated logins. Customer hereby consents to such modification. PRIVACY POLICY: Personal data of Customers that purchase RoboForm licenses is stored on Siber servers in the data center located in USA. Siber recognizes the GDPR and is fully compliant with its requirements. Please view our GDPR compliance page for more details: https://www.roboform.com/gdpr The data stored consists of data that customers or their agents enter into the RoboForm license purchase web page and data collected from Customer's computers by License Activation and Monitoring. Customer hereby allows Siber to store such data on Siber's servers. This data shall be used for purchase, refund and chargeback tracking, activation and reactivation of RoboForm licenses, and other customer service purposes. Personal data stored on Siber servers shall not be sent to other companies or individuals, except for cases when sending of such data is required by Siber business processes or for enforcement of this License Agreement and recipient of data is not expected to divulge or misuse received data. For instance, credit card purchases require sending personal Customer data and his credit card data to Credit Card processor and such data sharing shall be allowed under this clause. Customer allows Siber to send infrequent product update newsletters and promotional offers to the e-mail and postal addresses stored by Siber, but Customer shall have an option to unsubscribe from such email newsletters and offers. Customer also allows Siber to present infrequent offers of Siber and 3rd party software on post-update web page that is shown when user installs new version of RoboForm. ONLINE LICENSE ACTIVATION AND MONITORING: Customer hereby agrees to Online License Activation and Monitoring process for all RoboForm licenses (Pro, Subscription-Based). In this process RoboForm checks the validity of Customer's RoboForm license by contacting the Siber server at *.roboform.com via the Internet and sending data that uniquely identifies Customer's computer. Customer also agrees that Online Activation and Monitoring will be used to enforce provisions of this Agreement. TRANSMISSION OF DATA IN AUTOUPDATE: RoboForm checks Siber Systems server www.roboform.com (www.siber.com in older versions) for its new versions approximately once a day. If it finds a version that is newer than the version that you have, RoboForm will offer you to upgrade. The checking of new version results in various data related to computer and license to be transmitted to Siber server and maybe stored on this server. Customer hereby allows such transmissions to occur. PERSONAL DATA IN ROBOFORM WITHOUT SYNCHRONIZATION: NO TRANSMISSION, NO RECOVERY. All Password Data that Customer enters into RoboForm is stored only locally on Customer's computer if Customer does not use option to Synchronize RoboForm. In this case RoboForm does not transmit any Password Data over the Internet. However, if Customer or a program running on Customer's computer causes RoboForm to fill an online form with such personal data, then submission of this form will result in this data being sent over the Internet but this shall be deemed not to be caused by RoboForm. Customer agrees that deletion or loss of Password Data entered into RoboForm will cause irreversible loss of the said Password Data and Customer accepts the risk of such loss. PERSONAL DATA IN ROBOFORM WITH SYNCHRONIZATION: DATA TRANSMITTED, RECOVERY POSSIBLE. If Customer uses Synchronize RoboForm option then Customer Password Data is stored locally on Customer Computer or portable disk and on RoboForm server. If local copy of user data is lost, Customer may obtain copy of this data from RoboForm server. However, availability of backup copy is NOT guaranteed by Siber and Siber shall NOT be held liable, if it cannot produce copy of Customer's RoboForm data. Customer is hereby encouraged to keep multiple copies of RoboForm user data on his/her computers, disks and devices. Also in this case RoboForm shall transmit RoboForm Password Data over the Internet, for the purposes of storing backup copy of Customer RoboForm Password data on RoboForm server and for purposes of synchronization of said data between Customer computers and mobile devices. Customer hereby authorizes such transmission. RoboForm WEB SITE: RoboForm web site may use cookies to track users and Customer agrees to that. RoboForm affiliates and advertisers may also use cookies and Customer agrees to that. RoboForm Web Site utilizes Google Analytics features, including Remarketing with Google Analytics, Google Display Network Impression Reporting, and Google Analytics Demographics and Interest Reporting and Customer consents to this. Google provides a complete privacy policy and instructions on opting out of Google Analytics here: https://www.google.com/intl/en/analytics/privacyoverview.html POLICY MODIFICATIONS: This privacy policy is subject to change at the sole discretion of Siber Systems, Inc. When we modify the privacy policy, we will post the changes in a revised policy statement. We will post any changes here, so be sure to check back periodically. PRIVACY POLICY END TERMINATION: This License is effective until terminated. Customer may terminate this Agreement at any time by uninstalling RoboForm and deleting all its files. This License will terminate immediately without notice from Siber if Customer fails to comply with any provision of this License agreement. Upon termination or expiration of this License you must uninstall RoboForm and delete all its files. License shall automatically terminate when Customer receives a refund of license fee or payment for license is reversed by Credit Card or Bank or any payment processor operating on behalf of Customer. UNINSTALL INSTRUCTIONS: Customer may uninstall all RoboForm distributions except RoboForm2Go at any time by going to Control Panel, clicking Add/Remove Software selecting RoboForm and clicking the Remove button. RoboForm2Go may be uninstalled at any time by deleting all files in RoboForm and My RoboForm Data folders from the Portable Disk. NO WARRANTIES OF ANY KIND: ROBOFORM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SIBER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ROBOFORM WILL MEET YOUR REQUIREMENTS OR OPERATE IN AN ENVIRONMENT CREATED BY YOU OR THAT THE OPERATION OF ROBOFORM WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ROBOFORM ERRORS WILL BE CORRECTED. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF ROBOFORM IS WITH YOU. LIMITATION OF LIABILITY: NEITHER SIBER SYSTEMS NOR ANY OF ITS LICENSORS SHALL BE LIABLE FOR ANY DAMAGES CAUSED BY ROBOFORM INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, LOSS OF SAVINGS, REVENUE, DATA, INCURRED BY CUSTOMER OR ANY THIRD PARTY, EVEN IF SIBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GOVERNMENT CUSTOMERS: If you are acquiring RoboForm on behalf of any unit or agency of the United States Government, the following provisions apply. The Government agrees that: (i) if RoboForm is supplied to the Department of Defense (DoD), RoboForm is classified as "Commercial Computer Software" and the Government is acquiring only "restricted rights" in RoboForm and their documentation as that term is defined in Clause 252.227-7013(c)(1) of the DFARS; and (ii) if RoboForm is supplied to any unit or agency of the United States Government other than DoD, the Government's rights in RoboForm and its documentation will be as defined in Clause 52.227-19(c)(2) of the FAR or, in the case of NASA, in Clause 18-52.227-86(d) of the NASA Supplement to the FAR. EXPORT LAW ASSURANCE: Customer shall comply fully with all laws and regulations of the United States and other countries (Export Laws) to assure that neither RoboForm, nor any direct products thereof are Exported, directly or indirectly, in violation of Export Laws, or are used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation. If RoboForm has been rightfully obtained by you outside of the United States, you agree that you will not re-export RoboForm nor any other technical data received, nor the direct product thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained RoboForm. JURISDICTION AND DISPUTES: This Agreement shall be governed by the laws of Commonwealth of Virginia. All disputes hereunder shall be resolved in the applicable state or federal courts of Virginia. The parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available. In any litigation arising out of this Agreement or related to use or function of RoboForm, Siber shall be entitled to all legal costs and attorney's fees incurred in mediation, arbitration, suit and on appeal. SEVERABILITY: If for any reason a court of competent jurisdiction finds any provision of this License or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this License shall continue in full force and effect. COMPLETE AGREEMENT: This License constitutes the entire agreement between the parties with respect to the use of RoboForm and the related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of Siber Systems. CUSTOMER HEREBY ACKNOWLEDGES THAT CUSTOMER HAS READ THIS AGREEMENT, UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
