CipherStash Client Library Licence Agreement
0. Background
This licence sets out the terms on which you are permitted to use client side
components of software provided by CipherStash to query encrypted databases
(CipherStash Client Software).The operation of the CipherStash Client Software
is dependent on encryption keys generated by server software operated or
licensed by CipherStash.
1. Definitions
1.1 In these terms the following terms have the following meanings:
(a) Authorised Purpose in relation to the CipherStash Source Code has the
meaning given to it in clause 2.4;
(b) CipherStash Source Code means human readable code of the CipherStash
Client Software;
(c) CipherStash Executable means the machine executable code of the
CipherStash Client Software as made available by CipherStash from
time to time;
(d) CipherStash Client Software has the meaning given to it in the
Background;
(e) Licensed Query means a query on a database that:
(i) uses an encryption key generated by a key server operated or
licensed by CipherStash for all encryption of the content of that
query or of results returned in response to that query (excluding
encryption in the transport layer for communications between
servers); and
(ii) uses a valid token provided by CipherStash in the course of
acquiring the key referred to in the previous paragraph;
(f) Your Applications means applications that you create that rely on any
part of the CipherStash Client Software in the course of their
operation.
1.2 In these terms, unless the context requires otherwise, references to:
(a) encryption includes decryption;
(b) keys are references to data used for encryption, not data indicating a
row in a database table.
2. Grant of Licence
2.1 This licence permits you to do the following in relation to the CipherStash
Client Software:
(a) use the CipherStash Executables in the course of developing and testing
Your Applications;
(b) deploy and use copies of the CipherStash Executables for the purpose of
executing Licensed Queries, including as part of one or more of Your
Applications; and
(c) use the CipherStash Source Code solely for an Authorised Purpose.
2.2 Subject to clause 2.4(c), you must not make any modifications to the
CipherStash Client Software.
2.3 This licence specifically excludes any use of any part of the CipherStash
Client Software to execute any queries other than Licensed Queries on any
database.
2.4 CipherStash makes the CipherStash Source Code available for the sole purpose
of allowing third parties to verify the operation, integrity and security
of the CipherStash Client Software (Authorised Purpose). This licence
permits you to do the following solely for an Authorised Purpose:
(a) download and review the CipherStash Source Code;
(b) build executable versions of the CipherStash Source Code to verify
correspondence between it and its associated CipherStash Executable;
(c) make configuration changes to the CipherStash Source Code solely to the
extent necessary to build a working executable version under paragraph
(b).
3. Warranties and Liability
3.1 To the extent permitted by law, CipherStash excludes all warranties,
guarantees and conditions that would otherwise be implied into this
agreement by law. Where CipherStash is not able to exclude such a warranty,
guarantee or condition, CipherStash limits, to the extent permitted by law,
its liability for a breach of that warranty, guarantee or condition to one
or more of the following at its option:
(a) in the case of goods, any one or more of the following:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring
equivalent goods;
(iv) the payment of the cost of having the goods repaired; and
(b) in the case of services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
3.2 CipherStash has no liability to any person arising under or in relation to
this agreement (whether in tort, contract, equity or otherwise) for any
loss in the nature of consequential or economic loss. In particular,
CipherStash has no liability to any person for any: lost profits; loss of
savings, income or revenue; revenue not meeting targets or certain levels;
uptime or availability of internet connectivity or of the ability of third
parties to access a website, loss of opportunity; or loss of or corruption
of data. The exclusions in this clause 3.2 apply even in respect of loss or
damage that was foreseeable or about which either or both of the parties
were aware was likely to arise.
4. Dispute Resolution
4.1 Prior to commencing any action in any court or any action in any other form
of judicial or quasi-judicial forum you must comply with the requirements
of this clause 4.
4.2 Where you believe there is a dispute between you and CipherStash in respect
of a matter the subject of this agreement you must notify CipherStash in
writing of the nature of that dispute and for a period of 120 days
following CipherStash’s receipt of that notification, make reasonable
attempts to resolve that dispute with CipherStash.
5. General and Interpretation
5.1 Except where expressly set out to the contrary, nothing in this agreement
grants the Customer any rights over any intellectual property rights
(including copyright, patents, and rights to the registration of such
rights) held by CipherStash at any time.
5.2 No provision of this agreement may be construed against a party because
that party drafted that term.
5.3 A waiver of rights under this agreement can only occur in writing signed by
the party granting the waiver. Except to the extent set out in the waiver,
a waiver is only effective in relation to the specific facts and rights set
out in it and does not operate to waive any other rights or to waive the
same rights in respect of different facts or circumstances.
5.4 Where a part of this agreement is held by a court to be illegal or
otherwise unenforceable, and the unenforceability of that part does not
substantially alter the character of the bargain that would have been in
existence between the parties had that part been enforceable, that part is
severed and the balance of this agreement will continue unaffected.
5.5 This contract is governed by the laws in force in the State of New South
Wales, Australia. Each party submits to the non-exclusive jurisdiction of
the courts of that State.