END USER LICENSE AGREEMENT
Last updated at 16:18 on 07.05.2005
END USER LICENSE AGREEMENT
IMPORTANT: PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING OR OTHERWISE USING THIS SOFTWARE PRODUCT.
BY CLICKING ON THE BUTTON "I AGREE TO THE TERMS OF THIS LICENSE AGREEMENT" AND BY INSTALLING, DOWNLOADING, COPYING, OR OTHERWISE USING THIS SOFTWARE PRODUCT, YOU ARE ACKNOWLEDGING AND AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, THEN CLICK ON THE BUTTON "I DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT" (OR SIMPLY EXIT THIS WEB PAGE); PLEASE DO NOT INSTALL OR USE THIS SOFTWARE PRODUCT.
This End User License Agreement ("Agreement") is an agreement between you (either an individual or a single entity) and TrustSoft, Inc. ("TrustSoft"), which covers your use of the TrustSoft software product that accompanies this Agreement and related software components, which may include associated media, printed materials, and "online" or electronic documentation, as well as a license key or "unlock code." All such software and materials are referred to herein collectively as the "Software Product."
In order for the Software Product to be utilized fully and without interruption by pop-up screens, a software license and a license key or "unlock code" ("Software Product License"), must be issued to a designated user by TrustSoft or its authorized agents. Such a Software Product License is required for each computer on which the Software Product is loaded.
- Evaluation License. This Software Product may be downloaded and used initially under an "Evaluation License," which will provide a free evaluation during a limited time ("Evaluation Period"), or with limited functionality or features ("Evaluation Features"). If you are using such an Evaluation License, you may use the Software Product only to evaluate its suitability for license. If applicable, the Evaluation Period will expire no later than thirty (30) days from the date of download, or earlier if designated on the download screen. There are technological measures in the Software Product that are designed to prevent unlicensed or illegal use of the Software Product, or to limit its functionality to the Evaluation Features. You agree that TrustSoft may use these measures to protect TrustSoft against software piracy. The Software Product may also contain technology that limits the ability to install and uninstall the Software Product on a one computer without the purchase of a Software Product License.
TRUSTSOFT BEARS NO LIABILITY WHATSOEVER FOR ANY DAMAGES RESULTING FROM USE (OR ATTEMPTED USE) OF THE SOFTWARE PRODUCT AFTER THE EVALUATION PERIOD, OR FOR FEATURES OTHER THAN THE EVALUATION FEATURES OF THE SOFTWARE PRODUCT, AND HAS NO DUTY TO PROVIDE ANY SUPPORT DURING THE PERIOD IN WHICH THE EVALUATION LICENSE IS IN EFFECT.
- Grant of Non-Exclusive License.
- Grant of License. Upon receipt of payment for the Software Product License (by credit card or otherwise), TrustSoft grants to you the non-exclusive, non-transferable right to use the Software Product on a single computer running a validly licensed copy of the operating system for which the Software Product was designed. The Software Product License, which is issued to a designated computer, enables you to use the Software Product with full functionality on a single computer system. All rights not expressly granted to you are retained by TrustSoft.
- Backup Copy: Software Product. You may make copies of the Software Product as reasonably necessary for the use authorized above, including as needed for backup and/or archival purposes. You may use one Software Product License on a single computer system and make copies of the Software Product License as necessary only for backup and/or archival purposes. No other copies of the Software Product, including the Software Product License, may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software Product.
- Restrictions on Use. You may not modify or create derivative copies of the Software Product. You may not use a prior version or copy of the Software Product after you installed, downloaded or otherwise began using an upgraded version of the Software Product; upon upgrading the Software Product, all copies of the prior version must be deleted or destroyed. You may not rent, lease, lend, or in any way distribute or transfer any rights in this Agreement or the Software Product to third parties without TrustSoft's written approval and subject to written agreement by the recipient of the terms of this Agreement. You may not reverse engineer, decompile, defeat license encryption mechanisms, or disassemble the Software Product or Software Product License, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- Content Updates. Certain Software Products utilize content that is updated from time to time (including but not limited to the TrustSoft anti-spyware software program). These updates are collectively referred to as "Content Updates"). You may obtain Content Updates for any period for which you have purchased maintenance, except for those Content Updates that TrustSoft makes available by separate paid subscription, or for any period for which you have otherwise separately acquired the right to obtain Content Updates. TrustSoft reserves the right to designate specified Content Updates as requiring purchase of a separate subscription, and/or another version of the Software Product, at any time and without notice to you. This Agreement does not otherwise grant a license to obtain and use Content Updates.
- Support Services. TrustSoft may provide you with support services related to the Software Product. Substantially all of such support services will be provided via telephone, e-mail or on-line support. Use of any such support services is governed by the TrustSoft polices and programs described in "online" documentation and/or other TrustSoft-provided materials. Any supplemental software code or related materials that TrustSoft provides to you as part of the support services shall be considered part of the Software Product and is subject to the terms and conditions of this Agreement. With respect to any technical information you provide to TrustSoft as part of the support services, TrustSoft may use such information for its business purposes without restriction, including for product support and development. TrustSoft will not use such technical information in a form that personally identifies you.
- Intellectual Property Rights Reserved. The Software Product is protected by U.S. and international copyright laws and treaties, as well as other intellectual property laws and treaties. You must not remove or alter any copyright notices on any copies of the Software Product. This Software Product copy is licensed, not sold. Furthermore, this Agreement does not grant you any rights in connection with any trademarks or service marks of TrustSoft. TrustSoft reserves all intellectual property rights, including without limitation, copyrights and trademark rights.
- Termination. This Agreement and the license granted to you herein will terminate immediately and without notice to you in the event a credit card or other payment is reversed for any reason, full payment to TrustSoft is refused or disputed by a consumer, or any refund is requested for any reason whatsoever. TrustSoft may further terminate this Agreement if you fail to comply with any other term or condition of this Agreement. In the event of any termination of this Agreement, you must destroy all copies of the Software Product and Software Product Licenses.
- U.S. Government Restricted Rights. The Software Product is deemed to be "commercial computer software" and "commercial computer software documentation" pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. The Software Product may be licensed to U.S. government end users with only those rights as granted to all other end users under the terms of this Agreement. Any use, modification, reproduction, release, performing, displaying, or disclosing of the Software Product by the U.S. government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement.
- Export Restrictions. You may not export (including transferring electronically over any network, including the Internet) or re-export the Software Product, any part thereof, or any process or service that is the direct product of the Software Product (collectively referred to as the "Restricted Components"), to any country, person, or entity -- even to foreign units of your own company -- in violation of U.S. export restrictions.
- NO WARRANTIES. YOU ACCEPT THE SOFTWARE PRODUCT AND SOFTWARE PRODUCT LICENSE "AS IS," AND TRUSTSOFT (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) MAKE NO WARRANTY AS TO ITS USE, PERFORMANCE, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRUSTSOFT (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.
- LIMITATION OF LIABILITY. THIS LIMITATION
OF LIABILITY IS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL TRUSTSOFT (OR ITS THIRD PARTY SUPPLIERS AND LICENSORS) BE LIABLE FOR ANY COSTS OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF TRUSTSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, TRUSTSOFT'S (AND ITS THIRD PARTY SUPPLIERS' AND LICENSORS') ENTIRE LIABILITY ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S. $50.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
- Governing Law; Arbitration; Entire Agreement. This Agreement is governed by the laws of the State of Texas, U.S.A., excluding the application of its conflict of law rules. The United Nations Convention for the International Sale of Goods shall not apply. All unresolved disputes arising under this Agreement shall be submitted to arbitration under the rules of the American Arbitration Association in Houston, Texas. The arbitration will be conducted in English and the award of the arbitrator shall be binding and may be entered as a judgment in any court of competent jurisdiction. This Agreement is the entire agreement between TrustSoft and you, and supersedes any other communications or advertising with respect to the Software Product. This Agreement may be modified only by written agreement signed by authorized representatives of you and TrustSoft.
BY CLICKING ON THE BUTTON "I AGREE TO THE TERMS OF THIS LICENSE AGREEMENT," YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS AGREEMENT AND REPRESENTING AND WARRANTING THAT YOU ARE AUTHORIZED TO DO SO. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, THEN CLICK ON THE BUTTON "I DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT" (OR SIMPLY EXIT THIS WEB PAGE), DO NOT INSTALL OR USE THIS SOFTWARE PRODUCT.