LICENSE

Effective Date: 21-Dec-2023

This End-User License Agreement of SecuLetter Co., Ltd. (EULA, hereinafter, this “Agreement”) sets forth the terms and conditions for you (hereinafter, the “Purchaser”) to use the software (hereinafter, the “Software”) of SecuLetter Co., Ltd. (hereinafter, the “Copyright Holder”).  Prior to installing and using the Software, the Purchaser shall to fully understand and perform the terms and conditions stipulated in this Agreement.

A. “Software” refers to the software, explanatory materials, manuals, storage media, etc., produced by the Copyright Holder and for which the Copyright Holder holds copyright, ownership and other rights. In addition, the Software encompasses all executable files, add-ons, user guides, online and offline help, and any other associated files, including any recording media, printed materials, and online or electronic documents.

B. “Use” refers to all actions involving the storage of the Software in the computer’s main memory, auxiliary memory, CD-ROM, or other storage device, or installation, execution, or display on the screen of the Software.

C. “You” or “Purchaser” refers to the entity or individual who has entered into the agreement with the Copyright Holder to license the use of this Software (this “Agreement”).

If the Purchaser engages in any of the following acts, it shall be deemed as the explicit consent of the Purchaser to fully understand and agree to perform the terms and conditions of this Agreement, resulting in the immediate formation and effectiveness of this Agreement.  The Purchaser is not entitled to use the Software if the Purchaser does not agree to the terms and conditions stipulated in this Agreement.

A. Installation of the Software on systems such as computers.

B. Subscription to use the Software.

C. Utilization of the installed Software.

A. The Software is protected by the copyright laws, other intellectual property laws, and international conventions on copyrights.

B. Ownership rights, patents, copyrights, and all other intellectual property rights (hereinafter, the “Intellectual Property Rights”) related to the Software belong to the Copyright Holder. Therefore, the use of the Software does not transfer any Intellectual Property Rights of the Software to you, and the license granted under this Agreement shall not be construed as a transfer or sale of the Intellectual Property Rights of the Software.  All rights associated with the Software belong to the Copyright Holder.

A. The Copyright Holder grants the Purchaser only a limited, non-transferable right (hereinafter, the “License”) to install and use the Software on a non-exclusive basis for a certain period of time as stipulated in this Agreement.

B. The Purchaser may not use the Software for commercial purposes, and even in cases where the end-user is different, the Purchaser may not use the Software without the approval of the Copyright Holder.

C. In addition to this Agreement, the Copyright Holder shall prepare and issue a “license certificate” in electronic document or written form to the Purchaser, or transmit it via e-mail.  The Purchaser shall confirm and undertake to use the Software in compliance with the permitted scope of use of the Software as stated in the “license certificate.”

In order to perform the following actions, the Purchaser shall acquire additional licenses for the Software through consultation with the Copyright Holder.

A. Use of the Software through distribution, separation etc. of usage devices stipulated in the “license certificate,” or virtualization without prior agreement.

B. Direct or indirect use of the Software through cloud computing.

C. Use of the Software outside the designated usage location stated in the “license certificate.”

D. Use of the Software after the expiration date stated in the “license certificate.”

E. In cases where the limit on the number of users etc. specified in the initial or renewed “license certificate” is exceeded, or in other cases where the Purchaser uses the Software in manner that exceeds the scope of use stated in the “license certificate.”

All rights to the Software are held by the Copyright Holder who has the sole authority to grant the license to use.  The Purchaser shall comply with the following restrictions:

A. Except as stipulated herein, the Purchaser shall not transfer, lease, lend, or disclose the License to a third party, sub-license, provide it as collateral, or use it for the benefit of a third party.  In the event of business transfers, mergers, or spin-off resulting in the transfer of the License, the Purchaser shall notify the Copyright Holder in advance such that the transferee of the License can lawfully acquire the License by entering into a new use agreement with the Copyright Holder.

B. The Purchaser shall not modify, decompile, reverse engineer, disassemble, extract, separate, or use any part of the Software.  The Purchaser may not delete, modify or conceal any right-related information, such as indications, marks, or labels of the Intellectual Property Rights thereto, and the Software may not be used for any purposes other than its original purpose thereof.

C. The Purchaser shall not create derivative works by benchmarking any content provided by the Software, perform comparative research and analysis, or disclose the content of the Software to a third party. In addition, copying, translating, redistributing, retransmitting, publishing, selling, or extending all or part of this Software without prior written consent of the Copyright Holder is prohibited.

D. In order for the Software to effectively analyze, diagnose, and treat security threats such as malware, the Copyright Holder may restrict the use of the Software such as by data blocking the Purchaser, and the Purchaser agrees to the above restrictions.

E. The Copyright Holder is obligated to inform the Purchaser about the release of upgraded versions or new products of the Software, and may provide all customer support services, including sale of the older versions and provision of patch files, as reasonably necessary for a certain period of time.  A notice to the Purchaser by the Copyright Holder may be made through announcement on the webpage, email communications to the Purchaser, or through other methods of telecommunication.

F. The Copyright Holder may automatically update, or make discretionary modification to the Software via the internet to ensure its effective use (hereinafter, “Discretionary Modification”).  During this process, the Copyright Holder may install files on the Purchaser’s computer and other storage devices at the discretion of the Copyright Holder.  The Purchaser’s consent to this Agreement shall be considered as the Purchaser’s consent to the Copyright Holder’s Discretionary Modification.

The Copyright Holder collects and uses the information in the following Paragraphs to provide competitive services and information to the Purchaser.

A. Statistical information and related meta information about the Purchaser’s use of the Software service

B. Hardware information and hardware usage information of the appliance product used by the Purchaser.

C. Emails, files, data, and network information determined by the Software to pose a potential or actual threats to the Purchaser.

D. Relevant information necessary for swiftly reducing or eliminating security threats to storage devices such as the Purchaser’s computer.

E. Parameter information and the payload information related to emails, executable files, non-executable files, internet address and abnormal behavior-inducing applications diagnosed by the Copyright Holder as malicious or suspicious.  If the aforementioned information is personal data, it shall be managed in accordance with the Company’s personal privacy policy, stored anonymously as a principle, utilized for its intended purpose, and immediately disposed of upon completion of its objective.  In addition, the foregoing personal information will not be externally disclosed.

The Copyright Holder shall collect and use the aforementioned information in accordance with: (1) the California Consumer Privacy Act (CCPA) if the data subject is a natural person residing in California and identified by a unique identifier; provided, however, this provision applies only if the Copyright Holder is considered a “business” as defined in section 1798.140 of the CCPA, and (2) the General Data Protection Regulation (GDPR) if the data subject is a natural person within the EU.

The Copyright Holder may request in writing that the Purchaser verify essential details to confirm whether the Purchaser is using the Software in accordance with the terms and conditions of this Agreement and the license certificate, and the Purchaser shall actively cooperate in this regard.

The warranties provided by the Copyright Holder for the Software are as follows:

A. Limited Warranty: The Copyright Holder does not warrant that the functions contained in the Software will meet the Purchaser’s requirements, or that the use of the Software will be free of temporary computer errors, excluding all warranties which can be excluded within the scope permitted by applicable laws.  The Copyright Holder is not responsible for any issues arising from changes to a computer hardware or a computer operating systems manufactured after the release of the Software.  In addition, the Copyright holder shall not be liable for any damages incurred by the Purchaser due to security threats discovered after the release of the Software or due to newly discovered or variant malicious security threats, etc., following the discontinuation of customer support services for older versions upon the release of upgraded versions or new product of the Software.

B. Warranty for the Software Itself: The Software may contain defects and is provided in is present condition.  Therefore, the Copyright Holder does not warrant that the Software is completely free from bugs, or errors, or that the Software and applications based thereon can block all security threats and normally operate.  In addition, the Copyright Holder does not warrant that the Software will not halt or be interrupted during its execution, nor does it warrant that there will be no necessity to modify the hardware, data, or operating environments, etc. upon maintenance or upgrades.  In such cases, the Copyright Holder shall make every effort to resolve the issue through reinstallation of the Software.

A. The Copyright Holder may, at its discretion, remedy the Purchaser’s damages arising from the use of the Software by either (1) repairing or replacing the defective Software, or (2) terminating this Agreement and partially refunding the purchase price.

B. The Copyright Holder shall not be liable for any special, indirect, consequential, incidental, punitive damages etc. incurred by the Purchaser or a third party arising from the Purchaser’s purchase of the Software.

The Copyright Holder enters into this Agreement on the condition that the Purchaser has agreed to the limitations stipulated in Article 9 (Limitations of Warranty) and Article 10 (Limitation of Liability and Damages).  It is explicitly stated that the Copyright Holder has no intention of entering into this Agreement if the Purchaser does not agree to the aforementioned terms and conditions.

This Agreement constitutes the entire and final agreement between the Copyright Holder and the Purchaser with respect to the Software, and supersedes any other prior statements, discussions, agreements, communications, documents, or advertisements.

A. The Copyright Holder may provide customer supports such as installation, complaint handling, and post-purchase services through its partner company, some of which may be provided for a fee.  Detailed information regarding the customer support operations can be obtained on the Copyright Holder’s website or in the separate guides distributed to the Purchaser.

B. Detailed information regarding the customer support operations provided by the partner company are governed by a separate agreements entered into by the Purchaser and the partner company.  In such cases, the partner company shall assume sole responsibility for the said customer support operations, and the Copyright Holder assumes no liability.

C. The Copyright Holder may use the Purchaser’s personal information or the purchase-related information for customer support operations and may provide it to the partner company.  The Purchaser agrees to the use of its personal information by the Copyright Holder for the purpose of collecting/utilizing information and providing it to third-party partner companies.  Detailed information regarding this matter can be found in the privacy policy posted on the Copyright Holder’s website.

A. In order to receive the maintenance services for the Software, the Purchaser shall enter into a separate agreement (hereinafter, the “Maintenance Agreement”) in addition to this Agreement and pay the Copyright Holder, or its partner company pursuant to the Maintenance Agreement.

B. The Copyright Holder may notify the Purchaser of the termination of the maintenance services by e-mail, telephone communication, or website notices, etc.

This Agreement shall remain valid until the end of the usage period; provided, however, that in the event of a breach by the Purchaser, the Copyright Holder reserves the right to terminate this Agreement without further notice.  The Purchaser is required to cease using the Software and to promptly delete or destroy the Software and all copies thereof.

A. This Agreement and a dispute arising from the contractual relationship hereunder shall be governed and construed in accordance with the laws of the Republic of Korea, and international treaties and commercial practices on the protection of computer programs and copyrights shall be the supplementary standards of the interpretation thereof.

B. If any provisions of this Agreement become invalid, the remaining provisions of this Agreement, excluding the said provisions, shall remain in full force.  If the exclusion of the said provisions renders the purpose of this Agreement unattainable, this Agreement shall terminate immediately.

A. Any matters concerning the various types of the open source software used by the Copyright Holder in creating the Software, along with the relevant license terms and conditions, copyright notices, terms and conditions of use, disclaimers, and source code disclosure, etc., may be displayed in the manual (or guides) included in the package of the Software product or in publicly available source code, etc.

B. The Purchaser shall comply with the license terms of any open source software used in the Software.

The terms and conditions of this Agreement are subject to amendment, and the Copyright Holder reserves the right to grant the Purchaser the right to consent to the amended agreement through individual notifications to the Purchaser, website announcements, or other means.  Upon the Purchaser’s agreement or consent to the amended terms or upgrades, the amended terms and conditions shall take immediate effect.  In the event the Purchaser does not agree to the amended terms and conditions, this Agreement will terminate, and the Copyright Holder shall provide a partial refund if the Purchaser’s specified period of use under the Agreement is still remaining.

In order for the Copyright Holder to efficiently exercise the rights and perform the obligations hereunder, the Copyright Holder may exercise its rights and perform the obligations through local subsidiaries or partner companies responsible for the sale and maintenance of the Software products in the region or country where the Software product is sold or installed, or delegate its authority to such subsidiaries or companies.

The Purchaser fully understands the above terms and conditions, and agrees to faithfully fulfill them.

Special Conditions (regarding the Software product included in the appliance product)

The following special conditions apply to the Software product included with the appliance product.  If there is a conflict between these special conditions and the remaining provisions of this Agreement, these special conditions shall prevail.

A customer who purchases the appliance (hereinafter, the “Purchasing Customer”) can receive complimentary maintenance services for both the software and hardware included in the appliance for one (1) year following the appliance purchase.  After the said period, the maintenance service can be provided for a fee; however, it should be noted that maintenance service may not be provided due to aging of hardware, or discontinued production of components. Consequently, if maintenance service may not be provided for the said reasons, or if hardware-related issues arise after five (5) years from the purchase leading to damages to the Purchasing Customer such as security threats, the Copyright Holder shall not be held liable in any way.