Terms governing your use of FileSentinel for Windows.
FileSentinel
Van Dien io LLC
This Agreement is entered into between Van Dien io LLC, a limited liability company organized under the laws of the State of New Jersey ("Licensor," "we," "us," or "our"), and you, the individual or entity end user ("Licensee" or "you"). This Agreement governs your use of the FileSentinel desktop software application and any associated documentation, updates, or supplemental services (collectively, the "Software").
Subject to the terms and conditions of this Agreement, Van Dien io LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use FileSentinel on a computer owned or controlled by you, in accordance with the license scope made available to you (including any beta or evaluation terms).
This license does not include the right to:
The Software is licensed, not sold. Van Dien io LLC retains all right, title, and interest in and to FileSentinel, including all intellectual property rights therein. This Agreement does not convey to you any ownership interest in the Software. All rights not expressly granted herein are reserved by Van Dien io LLC.
FileSentinel may be provided to you as pre-release, beta, or evaluation software. Beta software is made available for testing and feedback purposes and may contain bugs, errors, or incomplete features. Beta software is provided "as is," may change or be discontinued at any time, and should not be relied upon as your sole safeguard against data exposure. You are encouraged to keep backups and to independently verify results on sensitive material.
License scope, availability, and any future commercial terms may be introduced or changed in a later release. Any such terms will be presented to you before they take effect, and your continued use after that point constitutes acceptance.
FileSentinel is a tool that helps you discover and remediate potentially sensitive data. You are solely responsible for:
The Software's detection is heuristic and may produce false positives or fail to detect every instance of sensitive data. It is an aid to, not a substitute for, your own diligence and any applicable compliance program.
FileSentinel scans your files locally and is designed so that nothing leaves your device. The Software collects no data from your use of it: no analytics, no telemetry, no accounts, no advertising, and no crash-reporting service. The contents of the files you scan, the sensitive values it detects, your findings, and your reports are never transmitted to Van Dien io LLC or any third party.
The Software does not require an internet connection to scan, perform OCR, or redact. The detection rule catalog and the OCR engine are bundled with the Software; no rules, data, or file contents are fetched or uploaded at runtime.
Scan results, findings, generated reports, and cleaned or redacted copies are stored only on your device, under your control. Your original files are not modified. You can delete this data at any time from within the Software or by removing the application's local data folder.
Any future online or "anonymous usage" capability will be strictly opt-in and off by default, and the Privacy Policy (incorporated into this Agreement by reference) will be updated to describe exactly what is sent before any such feature is enabled.
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VAN DIEN IO LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. VAN DIEN IO LLC DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, DETECT ALL SENSITIVE DATA, OPERATE WITHOUT INTERRUPTION, OR BE ERROR-FREE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VAN DIEN IO LLC, ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, OR FOR ANY DATA EXPOSURE NOT PREVENTED BY THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL VAN DIEN IO LLC'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE EXCEED THE GREATER OF THE AMOUNT YOU ACTUALLY PAID FOR FILESENTINEL IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR FIFTY U.S. DOLLARS (USD $50).
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the above limitations may not apply to you to the extent required by law.
You agree to indemnify, defend, and hold harmless Van Dien io LLC and its members, managers, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Software in violation of this Agreement; (b) your scanning of data you were not authorized to access; (c) your violation of any applicable law or regulation; or (d) any third-party claims arising from your use of the Software.
This Agreement is effective from the date you first install or use the Software and shall remain in effect until terminated. Van Dien io LLC may terminate this Agreement immediately and without notice if you materially breach any provision hereof, or upon the conclusion of a beta or evaluation period.
Upon termination, you must immediately cease all use of the Software and destroy all copies in your possession or control. Sections 3, 5, 7, 8, 9, 11, and 12 shall survive termination of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles. Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, or validity thereof shall be subject to the exclusive jurisdiction of the state and federal courts located in New Jersey, and you consent to personal jurisdiction in such courts.
This Agreement, together with the FileSentinel Privacy Policy, constitutes the entire agreement between you and Van Dien io LLC with respect to FileSentinel and supersedes all prior or contemporaneous understandings, negotiations, representations, or agreements, whether oral or written.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
No failure or delay by Van Dien io LLC in exercising any right, power, or privilege under this Agreement shall operate as a waiver thereof.
Van Dien io LLC reserves the right to update or modify this Agreement at any time. We will notify you of material changes by posting the updated Agreement on our website or through the Software. Your continued use of the Software after such notification constitutes your acceptance of the revised Agreement.
If you have any questions about this Agreement, please contact:
By installing or using FileSentinel, you acknowledge that you have read, understood, and agree to be bound by this End User License Agreement.