OBAKE EULA
End User License Agreement
1- DEFINITIONS
1.1. LICENSOR: NAWKA SOLUÇÕES E SERVIÇOS LTDA., a Brazilian legal entity with its registered office in Brazil and registered under CNPJ No. 43.042.961/0001-71, the legitimate representative and holder of the copyrights and commercial rights related to the computer program described in item “D”.
1.2. LICENSEE: Any natural person or legal entity, represented by its legal representative when applicable, who accepts the terms and conditions of this adhesion agreement and its related proposal.
1.3. OBJECT OF THE AGREEMENT: Assignment of the right to use, under license, OBAKE and all of its versions.
1.4. SOFTWARE: The term used to designate any of the programs/versions of OBAKE.
1.5. ACCEPTANCE: By selecting the option “I agree to the terms of the use license” on the SOFTWARE installation screen and proceeding with its installation, the LICENSEE agrees to be bound by this Agreement, confirming that they have carefully read, understood, and accepted the terms of this LICENSE and the related billing terms.
If the SOFTWARE is being installed on behalf of another person or legal entity, before installing any of its components, the installer must confirm that the end user has received, read, and accepted these terms and conditions.
2- CONTRACTUAL CONDITIONS
2.1. Through this Agreement for the Assignment of the Right to Use the SOFTWARE and the provision of related technical support services, on one side is the LICENSOR, as qualified above, and on the other side is the LICENSEE. Both parties agree to be bound by the clauses below, applying to this Agreement the provisions of Brazilian Laws No. 9,609/98 and No. 9,610/98, which govern software intellectual property protection and copyright protection.
2.2. Upon payment and acceptance of the terms and conditions herein, the LICENSEE shall be entitled to use the SOFTWARE, as described above, on a non-exclusive basis, as well as to receive the related SUPPORT services, according to the type and number of licenses defined in the Invoice accompanying the product, while fully complying with the clauses of this Agreement.
3. OBJECTIVES OF THE SOFTWARE
3.1. The SOFTWARE is designed for digital data encryption using secret keys and digital certificates.
3.2. Certain SOFTWARE modules may also be used for data sanitization, meaning the destruction of data to prevent leaks or ensure the secure deletion of sensitive information.
3.3. Certain SOFTWARE modules may be used to protect and sign PDF documents.
3.4. Certain SOFTWARE modules may be used to integrate the SOFTWARE with Microsoft 365.
4. PROPERTY
4.1. The SOFTWARE subject to this License Agreement is the exclusive property of the LICENSOR, which holds all related commercial rights. The SOFTWARE is protected by applicable laws governing industrial property, copyright, trade secrets, and business and manufacturing confidentiality, whether in the country where the SOFTWARE is used or under international copyright protection treaties.
5. PRODUCT AS A SINGLE UNIT
5.1. The SOFTWARE is licensed as a single product. However, its components may be separated for installation on more than one computer only when expressly agreed in a separate agreement and when the corresponding amounts are included in the applicable Invoice.
5.2. When the LICENSEE is a legal entity, in the event of company dissolution, ownership of the SOFTWARE license and the provision of MAINTENANCE services may be transferred to only one of the partners, provided that all components of the product are transferred to the same person or entity.
6. UNAUTHORIZED USE AND COMMERCIALIZATION
6.1. The use of the SOFTWARE without a valid LICENSE is expressly prohibited.
6.2. The redistribution of this LICENSE is expressly prohibited, whether by sale, lease, assignment, exchange, or any other commercial or non-commercial arrangement, with or without monetary or financial consideration.
6.3. Any LICENSEE who acquires the SOFTWARE illegally or through means not recognized by the LICENSOR shall not be entitled to technical support, updates, maintenance, or any other extended benefit related to the SOFTWARE, and shall also be subject to the applicable civil and criminal legal measures.
7. LICENSE RESTRICTIONS
7.1. If the LICENSE is classified as EVALUATION, DEMONSTRATION, FIXED-TERM ASSESSMENT, PROOF OF CONCEPT (POC), or PILOT, its use shall be limited exclusively to testing or evaluation purposes. Such LICENSE may not be used for production purposes, beyond the authorized term, or sold, assigned, sublicensed, or transferred to third parties, notwithstanding any other provisions of this Agreement.
7.2. If the LICENSE is not renewed, the SOFTWARE may still be able to decrypt information previously encrypted by it. However, the LICENSEE will no longer be able to encrypt data or open encrypted information in cases where a digital certificate provided by the LICENSOR has been used and its expiration date has been exceeded.
7.3. The LICENSEE may not use the SOFTWARE in a manner that violates this Agreement, applicable law, third-party rights, intellectual property rights, or any security, licensing, or technical restrictions imposed by the LICENSOR.
8. TRADEMARKS
8.1. The acquisition of the SOFTWARE does not grant the LICENSEE any rights over trademarks, service marks, trade names, logos, product names, or any other distinctive signs related to the SOFTWARE or the LICENSOR.
9. COPYRIGHT
9.1. Ownership and all copyrights related to the SOFTWARE, including but not limited to images, photographs, animations, videos, audio, music, texts, embedded components, files, and accompanying printed or digital materials, are the exclusive property of the LICENSOR or, when applicable, of the respective third-party owners of libraries, components, or other incorporated materials.
9.2. The LICENSEE agrees that any suggestions, recommendations, requests for improvement, customization ideas, comments, or feedback provided to the LICENSOR may be used, implemented, modified, incorporated, commercialized, or otherwise exploited by the LICENSOR without any copyright obligation, compensation, credit, royalty, or other payment to the LICENSEE.
10. LICENSEE’S LICENSE AND CIVIL LIABILITY
10.1. The SOFTWARE may only be used when duly authorized by a valid LICENSE.
10.2. The SOFTWARE, regardless of its version, components, and accompanying documentation, whether printed or digital, is licensed under this Agreement to only one LICENSEE, whether an individual or legal entity, on a non-exclusive basis.
10.3. The intellectual property rights related to the SOFTWARE are not transferred under this Agreement and shall remain the sole and exclusive property of the LICENSOR.
10.4. The SOFTWARE may not be used on more computers than those specified in a separate agreement or in the Invoice accompanying the product.
10.5. The LICENSEE is prohibited from modifying, decompiling, disassembling, reverse engineering, altering, assigning, distributing, reproducing, publishing, sublicensing, or otherwise making available the SOFTWARE, in whole or in part. The LICENSEE is also prohibited from incorporating the SOFTWARE into other products or licensing it, whether free of charge or for compensation, to any third party in violation of copyright laws or the terms of this LICENSE.
10.6. The rental, loan, lease, lending, or temporary assignment of the SOFTWARE to any person or entity, under any title or arrangement, is strictly prohibited without the prior express and formal authorization of the LICENSOR.
10.7. Any attempt or action described above involving any version of the SOFTWARE licensed to the LICENSEE shall be considered a breach of this License Agreement, and the LICENSOR may seek financial compensation and other applicable remedies for present or future damages arising directly or indirectly from such action.
10.8. For legal liability purposes, the LICENSEE shall be civilly and criminally liable for any of the actions described in this section when:
10.8.1. They occur within the LICENSEE’s residential, commercial, or operational premises.
10.8.2. They occur within the premises of the LICENSEE’s direct or indirect suppliers, contractors, representatives, partners, or associates.
10.8.3. They are carried out by the LICENSEE’s direct or indirect employees, contractors, representatives, partners, or associates, or by those of its suppliers.
10.8.4. They are carried out by third parties when the LICENSEE, its suppliers, contractors, representatives, partners, or associates have materially contributed to such action by providing access to the SOFTWARE or any of its components.
10.8.5. They are carried out on the LICENSEE’s computers, systems, or infrastructure, whether through direct or indirect action or omission, intentional or not.
10.9. Under this Agreement, the LICENSOR assigns only the right to use the SOFTWARE and does not provide, disclose, transfer, or grant access to the SOFTWARE’s source code, internal structure, architecture, algorithms, or development materials. Only in special cases, at the LICENSOR’s sole discretion and exclusively for BUSINESS licenses, the LICENSEE may be granted access to the SOFTWARE source code under specific terms and conditions imposed by the LICENSOR.
10.10. The LICENSOR may, at any time, suspend or block access to the SOFTWARE if the LICENSEE violates the rules set forth in this Agreement or any applicable legal or regulatory provisions, without refund of amounts paid and without such suspension being considered an unlawful interruption of service.
10.11. The LICENSEE accepts full, individual, and non-transferable liability for any unlawful acts carried out through the use of the licensed SOFTWARE on its equipment, systems, or infrastructure, as well as for any damage, loss, lost profits, or harm of any nature caused to any third party, individual, or entity.
