Drive Trust Alliance
SED Applications
Terms of Use Agreement
Bright Plaza, Inc. (“Bright Plaza”), as operator of the Drive Trust Alliance (“DTA”), offers several applications, including but not limited to SEDAccess, SEDControl, and SEDUtil-CLI (“SED Applications”), through the Drive Trust Alliance website, currently https://www.drivetrust.com/apps (“Download Site”), for configuring and unlocking attached storage devices that use a self-encrypting drive (“SED”). The following Terms of Use Agreement (“Agreement”) govern your use of the SED Applications. Hereinafter, any use of “you” or “your” shall include any person, company, and/or other entity that will make use of the SED Applications and be deemed the contracting party with Bright Plaza in this Agreement.
By downloading the SED Applications, you agree that you have read, understand, and accept all of the terms of this Agreement, including any policies, rules, or other agreements incorporated by reference into this Agreement. If you do not agree to be bound by this Agreement, your only option is not to use the SED Applications.
This Agreement is a legal contract between you and Bright Plaza.
Age
The SED Applications are intended for users of any age. However, by downloading the SED Applications, you represent that you are 18 years of age or older.
Description of SED Applications
The SED Applications are desktop applications for personal computers that allows you to configure and unlock a Universal Serial Bus (“USB”) attached storage device employing a self-encrypting drive compliant with the Trusted Computing Group (“TCG”) Opal specification (“Opal”). The TCG Opal specification can be found at http://www.trustedcomputinggroup.org/storage-work-group-storage-security-subsystem-class-opal/.
License to SED Applications
Bright Plaza grants to you a royalty-free, perpetual, non-sub-licensable, non-transferrable, revocable, and non-exclusive right and license to use the SED Applications for the purpose and under the terms outlined in this Agreement (“License”). This License only applies to the personal computers where you have installed the SED Applications. You may not reproduce, modify, adapt, publish, translate, create derivative works from, distribute, circumvent any security features for, perform, and/or display any technology or software of the SED Applications, nor assist or allow any third party to do any of the aforementioned, without express written permission from Bright Plaza.
Bright Plaza has the legal authority to grant you the License described herein.
No transfer of any intellectual property or other property ownership in any of the technology or software of the SED Applications occurs as a result of your use of the SED Applications.
Prohibited Conduct
The following is prohibited in connection with your use of the SED Applications and/or the Download Site:
- violating any federal, state, or local laws or regulations;
- imposing an unreasonable or disproportionately large network strain on the Download Site and/or Bright Plaza’s network infrastructure;
- hacking into or attempting to gain unauthorized access to protected areas of the Download Site and/or Bright Plaza’s computers, servers or networks;
- destroying, damaging, or impairing any portion of the the Download Site or any computers, systems, hardware, or software used by Bright Plaza;
- making unauthorized attempts to read, add to, or modify the SED Applications, the Download Site and/or Bright Plaza’s computers, servers or networks;
- defeating or circumventing any security features of the SED Applications, the Download Site, and/or Bright Plaza’s computers, servers or networks;
The previous list of prohibitions is not exclusive.
Bright Plaza reserves the right to immediately terminate this Agreement for any behavior Bright Plaza deems inappropriate.
Bright Plaza reserves the right to comply and cooperate with any and all legal requirements, legal authorities, and/or law enforcement agencies, regarding the investigation of, or request to disclose, information related to the use of the SED Applications. You waive and hold harmless Bright Plaza from any claims resulting from any action taken by Bright Plaza during or as a result of Bright Plaza's investigation and/or from any actions taken as a consequence of investigations by either Bright Plaza or law enforcement.
Termination of Agreement
Bright Plaza reserves the right to terminate this Agreement at any time and for any reason. If the termination is not the result of your violation of this Agreement, Bright Plaza will make every effort to provide you with advance notice of the termination.
You may terminate this Agreement if Bright Plaza is acquired by another company or entity.
Amendments to Agreement
Bright Plaza reserves the right to amend this Agreement at any time. If you submitted an email address when you downloaded the SED Applications, Bright Plaza will contact you using this email address and give you 60 days advance notice of any amendment to this Agreement. If you did not submit an email address when you downloaded the SED Applications or if you disagree with or otherwise do not want to be bound by any such amendment, your sole option is to discontinue use of the SED Applications. By continuing to use the SED Applications 60 days after the transmission date of an amendment email referenced in this paragraph, you agree to be bound by such amendment.
Third Party Advertisements
Bright Plaza reserves the right to add third party advertising content to the SED Applications. You have no control over or input in, nor any right to share in any revenue derived from, this third party advertising content. The placement and appearance of third party advertisements is not meant to suggest that Bright Plaza specifically endorses or approves of the advertiser, the advertisement, the advertiser's site, or any of the products and/or services being advertised.
Disclaimer of Warranties
YOUR USE OF THE SED APPLICATIONS IS AT YOUR OWN RISK.
BRIGHT PLAZA MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO SED APPLICATIONS. BRIGHT PLAZA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE DISCLAIMER OF WARRANTIES APPLIES TO THE SED APPLICATIONS AND ANY OTHER RELATED SERVICES OFFERED THROUGH THE DOWNLOAD SITE.
BRIGHT PLAZA DOES NOT WARRANT THAT THE SED APPLICATIONS OR THE DOWNLOAD SITE WILL BE ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS, UNINTERRUPTED, TIMELY, OR SECURE. BRIGHT PLAZA DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SED APPLICATIONS NOR DOES IT REPRESENT THAT ANY ERRORS WITH THE SED APPLICATIONS WILL BE CORRECTED.
THE SED APPLICATIONS AND ANY OTHER RELATED SERVICES OFFERED THROUGH THE DOWNLOAD SITE OR OTHER BRIGHT PLAZA SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIR IN THE EVENT YOU EXPERIENCE ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SED APPLICATIONS.
BRIGHT PLAZA MAKES NO WARRANTIES THAT YOUR USE OF THE SED APPLICATIONS WILL NOT INFRINGE THE RIGHTS OF OTHER PARTIES AND ASSUMES NO LIABILITY FOR SUCH INFRINGEMENT.
Limitation of Liability
IN NO EVENT WILL BRIGHT PLAZA, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, AND BUSINESS PARTNERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, ACTUAL, OR OTHER INDIRECT DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES EVEN IF BRIGHT PLAZA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF YOUR USE OR INABILITY TO USE THE SED APPLICATIONS.
In no event will the collective liability of BRIGHT PLAZA or its officers, directors, employees, affiliates, agents, licensors, representatives, attorneys, and business partners to any party, regardless of the type of action whether in contract, tort, or otherwise, exceed the greater of $100.00 or the amount you have paid to BRIGHT PLAZA for the applicable good or service out of which the liability arose.
IF YOU ARE DISSATISFIED WITH ANY PART OF THE SED APPLICATIONS, OR DO NOT AGREE TO THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SED APPLICATIONS.
GIVEN THAT SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF THAT IS THE CASE, BRIGHT PLAZA’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW.
Indemnity
You agree to indemnify, defend and hold harmless Bright Plaza, including its officers, owners, directors, employees, affiliates, agents, licensors, representatives, attorneys, related companies, and business partners (“Indemnified Parties”), from and against any and all claims, demands, losses, costs, damages, liabilities, judgments, awards, and expenses (including attorneys' fees, costs of defense, and direct, indirect, punitive, special, individual, consequential, or exemplary damages) Bright Plaza or any of the Indemnified Parties suffer in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that relates to your use of the SED Applications, or your breach of this Agreement. Your indemnification obligation shall survive the termination of this Agreement.
Geographic Limitation
Bright Plaza operates the Download Site and SED Applications from its headquarters in the United States, and the Download Site and SED Applications are intended only for users within the United States. If you use the SED Applications outside the United States, you are responsible for following your applicable local laws and determining, among other things, whether your use of the Download Site and SED Applications violates any local laws.
Legal Authority to Use the SED Applications
You represent and warrant that you have the legal authority to enter into this Agreement, and to implement and use the SED Applications in connection with your personal computers. If the person who agrees to this Agreement is acting on behalf of a company or other entity, he/she represents and warrants that he/she has the legal authority to enter into this Agreement on that company’s or entity’s behalf.
Software Upgrades
From time to time, Bright Plaza may update the underlying software for the SED Applications. Any such updates may occur automatically with any existing installation of the SED Applications or may require a new download of the SED Applications from the Download Site.
Data Security and Privacy
Any information or data collected from you by Bright Plaza will be kept secure and only will be used in connection with administering the SED Applications. Bright Plaza will not share the data with any outside party unless it needs to in order to administer the SED Applications. Bright Plaza may also share collected data with a party who acquires some level of ownership in Bright Plaza and/or the SED Applications element of Bright Plaza’s business.
Miscellaneous
Bright Plaza is a service mark of Bright Plaza. Drive Trust Alliance wordmark and the Drive Trust Alliance logo are trademarks of Bright Plaza pending with the U.S. Patent and Trademark Office.
This Agreement is governed by, and will be interpreted in accordance with, the laws of Pennsylvania, without regard to any conflict of laws provisions. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of Pennsylvania (USA) for any litigation arising out of or relating to this Agreement or your use of the SED Applications, waive any objection to the venue of any such litigation in Pennsylvania courts, and agree not to plead or claim in any Pennsylvania court that such litigation brought therein has been brought in an inconvenient forum.
If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect.
This Agreement constitutes the entire agreement of the parties with respect to the SED Applications and supersedes all prior communications, promises and proposals, whether oral, written, or electronic, between you and Bright Plaza.
Bright Plaza’s failure to enforce any portion of this Agreement is not a waiver of such portion.
The proprietary rights, disclaimer of warranties, representations made by you, indemnities, and limitations of liability shall survive the termination of this Agreement.
Bright Plaza reserves the right without notice and reason to disable the SED Applications and/or Download Site. The reasons for this include, but are not limited to, acts of God, civil unrest, and/or as a result of some other external event that may impact or damage Bright Plaza’s computer network. You agree that Bright Plaza is not liable to you or any other third party for this action.
Bright Plaza does not assume any liability or responsibility for your use of the Internet including, but not limited to, any change your computer or related systems may sustain as a result of accessing the SED Applications and/or Download Site.
If you need assistance with the SED Applications, or have any other questions related to the SED Applications, please contact Bright Plaza using the contact information listed at the Drive Trust Alliance website (currently https://www.drivetrust.com/about/contact-us/). Bright Plaza does not guarantee it will respond to your email, but it will make its best effort to do so.